Order No LC2/98 - Export of Cattle During Northern Hemisphere Summer Months

Legislation au C2004L02400 Not in force Legislative Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN MEAT AND LIVE‑STOCK INDUSTRY ACT 1997

ORDER UNDER SECTION 17

I, KENNETH HARRY MATTHEWS, make the following order pursuant to Section 17 of the Australian Meat and Live‑stock Industry Act 1997 (the Act).

KENNETH HARRY MATTHEWS

Secretary

ORDER No LC2/98

EXPORT OF CATTLE DURING NORTHERN HEMISPHERE SUMMER

MONTHS

1. Commencement

This Order takes effect on the day it is notified in the Commonwealth of Australia Gazette.

2. Revocation

Order No LC 1/98 is revoked.

3. Interpretation

animal house means the arrangement of pens on each deck of the vessel, or parts of a vessel, in which cattle are transported

AQIS means the Australian Quarantine and Inspection Service or any other agency of the Commonwealth which is from time to time responsible for the administration of the Export Control Act 1982

 

AQIS certifying officer means the veterinary officer authorised under the Export Control Act 1982 to provide export health certification and export permits

cattle means live cattle

competent stock attendant means a person who has had experience relevant to the control of cattle carried in vessels and who is not a member of a vessel's crew

the Department means the Department of Primary Industries and Energy (DPIE) or any other Department or agency of the Commonwealth which is from time to time responsible for the administration of the Act

LEAP means the Livestock Export Accreditation Program administered by LIVECORP

licensee means the holder of a live‑stock export licence to export cattle granted under section 10 of the Act

LIVECORP means the Australian Livestock Export Corporation Ltd

master has the same meaning as in the Navigation Act 1912

maximum number of cattle means the maximum number of cattle carried in pens on a vessel, or a part of a vessel, obtained by dividing the pen area available in square metres, excluding any area required for spare pens, by the minimum permissible floor area per head as set out in clause 4(a) below. In respect of an average mass per head of cattle between the figures given in clause 4(a) below, the minimum permissible floor area is determined by linear interpolation using only four figures after the decimal point

parallel means southern parallel of latitude

pen area available means the net area of pens for holding cattle on a vessel as set out in the vessel's Livestock Capacity Plan or Australian Certificate for the Carriage of Livestock, as applicable, and confirmed by the vessel's Master

Secretary means the Secretary of the Department

spare pens means the pens required to be provided on each deck of the vessel, having a capacity where more than ten but less than one hundred cattle are carried on the deck, sufficient for one animal, and where more than one hundred cattle are carried on a deck, sufficient for one animal for each one hundred or part thereof

vessel means the vessel in which the cattle are exported from Australia.

 

4. Order

For all exports, by a licensee, of cattle from any Australian port located south of the 26th parallel to places other than South East Asia and/or Japan :

(a) The licensee will ensure that, in the period from midnight on 30 April to midnight on 31 October in any calendar year, the vessel carries no more than the maximum number of cattle calculated by using the table below, unless written authorisation is given by the Secretary to the licensee to vary this requirement:

Average mass per head of cattle (kg)

Minimum permissible floor area per head (m2)

Average mass per head of cattle (kg)

Minimum permissible floor area per head (m2)

200

0.847

360

1.445

210

0.884

370

1.483

220

0.922

380

1.520

230

0.959

390

1.558

240

0.997

400

1.668

250

1.034

410

1.707

260

1.071

420

1.746

270

1.109

430

1.785

280

1.146

440

1.824

290

1.184

450

1.863

300

1.221

460

1.902

310

1.258

470

1.941

320

1.296

480

1.980

330

1.333

490

2.019

340

1.371

500

2.059

350

1.408

 

 

(b) The licensee will ensure that cattle over 500 kg individual live weight are not exported;

(c) The licensee will ensure that a competent stock attendant travels on board the vessel and will require the competent stock attendant to, in addition to other duties:

(i) compile a detailed report for each voyage based on daily observations of temperature and humidity levels both inside and outside the animal house, cattle mortality and illness rates, and any factors which may have caused mortality or illness among the cattle such as suitability of feed, flooring and presence of leg abrasions and swelling on the cattle; and

(ii) send a copy of the report to the Department immediately on reaching the port to which the cattle are being exported, until a date determined by the Department after consultation with LIVECORP;

(d) The licensee will ensure that the veterinary medicines and medical equipment prescribed in Annexure 2 of the Australian Livestock Export Standards issued under LEAP are carried on all vessels, and that the competent stock attendant is knowledgeable in their use;

(e) The licensee will ensure, at the discretion of the AQIS certifying officer, that for every 1000 head of cattle exported, at least 10 tonnes of sawdust/straw pro­rata is loaded on each shipment to be used exclusively for the flooring of pens and bedding for the cattle;

(f) The licensee will ensure, at the discretion of the AQIS certifying officer, that provision is made for high quality chaff and/or hay to be provided to the cattle to supplement the normal diet of feed pellets;

(g) The licensee will instruct the master of the vessel to ensure that the vessel carries sufficient captive bolt pistols to allow for the humane destruction of live cattle, and that either competent stock attendants or responsible members of the vessel's crew have been instructed in their proper use.

Overview

The Australian Meat and Live-stock Industry Act 1997 was enacted to address issues related to the regulation and export of meat and livestock within Australia. This Act provides a framework for the administration of livestock export standards, animal welfare, and the certification of exports, aiming to ensure that Australian livestock exports meet international standards and requirements. The Act is administered by the Parliament of Australia and its policy objective is to safeguard animal welfare during the export process while maintaining the integrity and reputation of Australia's livestock industry on the global stage. The legislative instrument in question, LC2/98, specifically targets the export of cattle during the northern hemisphere summer months, implementing stringent measures to protect animal welfare and comply with international standards. This includes setting limits on the number of cattle that can be transported based on their average mass, prohibiting the export of cattle weighing over 500 kg, and mandating the presence of a competent stock attendant on board to monitor conditions and report on animal health and welfare.

Scope and Application

The Australian Meat and Live-Stock Industry Act 1997, through the legislative instrument C2004L02400, applies to licensees who export cattle from Australian ports south of the 26th parallel, excluding exports to South East Asia and Japan. This legislation is designed to regulate the export of cattle during the Northern Hemisphere summer months to ensure animal welfare and compliance with export standards. The Act applies to individuals and entities that hold a live-stock export license, ensuring they adhere to strict guidelines regarding the number of cattle exported, the weight of the cattle, and the conditions under which they are transported. The Order also specifies the geographic scope by limiting its application to Australian ports south of the 26th parallel, excluding certain regions in South East Asia and Japan. Exclusions or exemptions are limited to specific regions as noted, and the Order can be amended by the Secretary, providing flexibility in enforcement. Subordinate instruments may extend or restrict application further, ensuring ongoing compliance with evolving standards and practices in animal welfare and livestock export.

Key Provisions

The Australian Meat and Livestock Industry Act 1997, through this legislative instrument, mandates specific requirements for the export of cattle during the Northern Hemisphere summer months. Under section 17 of the Act, the Secretary makes an order regarding the export of cattle from Australian ports south of the 26th parallel to destinations outside Southeast Asia and Japan. According to section 4(a) of the Order, the maximum number of cattle that can be carried during the specified period is determined by the average mass of each head of cattle, with a detailed table provided to calculate the minimum permissible floor area per head. Licensees must adhere to these limits unless they receive written authorisation from the Secretary. Additionally, cattle weighing over 500 kg cannot be exported, as stated in section 4(b). Licensees are obligated to ensure several conditions are met during the export process. Firstly, a competent stock attendant must travel on board the vessel, as stipulated in section 4(c). This individual is responsible for compiling detailed reports based on daily observations of environmental conditions, cattle health, and any factors that might affect the cattle's welfare. These reports must be sent to the Department immediately upon reaching the port of destination, as per section 4(c)(i). Furthermore, the competent stock attendant must be knowledgeable in the use of veterinary medicines and medical equipment prescribed under the Australian Livestock Export Standards, as outlined in section 4(d). The Order also requires that the vessel carries sufficient bedding materials and supplementary feed, as determined by the AQIS certifying officer, as per sections 4(e) and 4(f). Lastly, the vessel must be equipped with adequate captive bolt pistols for the humane destruction of cattle, with instructions provided to relevant personnel, as per section 4(g). Breaches of these provisions can result in significant consequences. While the specific offences and penalties are not detailed in the Order itself, the Australian Meat and Livestock Industry Act 1997 generally provides for both civil and criminal penalties for non-compliance with its requirements. Civil penalties can include fines, while criminal penalties can include imprisonment and/or fines, depending on the nature and severity of the offence. The maximum penalties for breaches of the Act are specified in other sections of the Act and can vary widely based on the specific provision violated.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.