Part 1 Preliminary
1.01 Name
of Order [see Note
1]
This Order is the Export Control (Animals) Order
2004.
1.02 Commencement
This Order commences on 1 December 2004.
1.03 Revocation of previous Orders
The following Export
Control Orders are revoked:
· No. 15
of 1987
· No. 13
of 1988
· No. 18
of 1988
· No. 2
of 1990
· No. 1
of 1999.
1.04 Live animals and animal reproductive
material to be prescribed goods
For the purposes of
the definition of prescribed goods in section 3 of the Act, the
following are prescribed goods:
(a) live animals;
(b) animal reproductive material.
1.05 Definitions
(1) In this Order:
AMLI Act means the Australian Meat and
Live‑stock Industry Act 1997.
animal reproductive material means any part
of an animal from which another animal can be produced, and includes an embryo,
an egg or ovum, or semen.
Australian Standards for the Export of Live‑stock
means the document of that name referred to in the Australian Meat
and Live‑stock Industry (Standards) Order 2005.
exporter, in relation to an animal or animal
reproductive material that is to be exported, means the person intending to
export it.
live‑stock means cattle, sheep, goats,
deer, buffalo and camelids (that is, camels, llamas, alpacas and vicuñas), and
includes the young of an animal of any of those kinds.
NOI means notice of intention to export.
voyage includes a flight of an aircraft.
Note The Act means the Export
Control Act 1982 — see regulation 2 of the Export Control (Orders)
Regulations 1982.
(2) A person’s basic
details are the following:
(a) the person’s name;
(b) the person’s business address;
(c) if the person is an individual, his or her
telephone number, fax number (if any) and e‑mail address (if any);
(d) the person’s ABN, if any;
(e) if the person
is a corporation:
(i) its business address and ACN; and
(ii) the name, telephone and fax
numbers, and e‑mail address (if any) of a contact person.
(3) A reference to importing
country requirements in relation to an export of live animals or animal
reproductive material is a reference to:
(a) the requirements of the relevant importing
country protocol; and
(b) the requirements or conditions of the
relevant import permit (including any waiver or variation of a requirement of
the importing country protocol).
(4) For the purposes of this Order, a day is a working
day for the purpose of doing something if it is not a Saturday, a
Sunday, or a public holiday in the place where the thing is to be done.
1.06 Effect of State and Territory laws
(1) Nothing in this Order
affects the operation of a law of a State or Territory if:
(a) it is possible to comply with both this
Order and the State or Territory law at once; or
(b) in particular, compliance with the State or
Territory law will also constitute compliance with this Order.
(2) Nothing in this Order, or in the Australian Standards
for the Export of Live‑stock, is taken to require the Commonwealth, the
Secretary or an authorised officer to administer or enforce any law of a State
or Territory or any code of practice or similar instrument having effect under
the law of a State or Territory.
Part 2 Export
of live‑stock by sea
Division 2.1 General
2.01 Definitions
for this Part
In this Part:
CRMP means consignment risk management plan.
enclosed shed means an enclosure for animals
that has, at least, a structure providing overhead covering for the animals and
may or may not have walls and windows.
registered premises means premises registered
under Division 2.2.
sourcing means specifically identifying
animals to be exported in a particular consignment.
2.01A Application of this Part
A reference to the export of live‑stock in
this Part is a reference to the export of live‑stock by sea.
2.02 Prohibition on export of live‑stock
The export of live‑stock
is prohibited unless:
(a) the exporter holds a live‑stock export
licence under the AMLI Act; and
(b) subject to subsection 2.43 (2), before the
exporter begins sourcing, transporting or preparing the live‑stock for
export, the Secretary has approved a NOI and a CRMP for the export; and
(c) the live‑stock are held before export,
and assembled for export, in registered premises; and
(d) before the live‑stock leave the
registered premises, the exporter has the live‑stock and related
documents inspected, and obtains a permission to leave for loading, in
accordance with Division 2.4; and
(e) the exporter complies with the approved NOI
and CRMP; and
(f) the exporter complies with any condition of
the permission to leave for loading; and
(g) the exporter has obtained an export permit
for the export, and that permit is in force; and
(h) the live‑stock are exported to the
place, and on the ship, specified in the export permit; and
(i) the exporter complies with any condition
of the export permit.
Note For the offence of exporting
prescribed goods contrary to a prohibition, see the Act, section 8. Live
animals (including live‑stock) are prescribed goods — see
section 1.04 of this Order.
Division 2.2 Registration of premises for holding and assembling live‑stock
for export
2.03 Application of this Division
This Division applies to the registration of
premises to be used for holding and assembling live‑stock for export.
2.04 Application for registration
(1) A person may apply to the Secretary for the
registration of premises under this Division.
(2) The application must be in writing in the form
approved by the Secretary for the purpose.
(3) The application must
include:
(a) the applicant’s basic details; and
(b) an accurate map or plan clearly showing the
location, boundaries and topography of the premises in relation to adjoining
property; and
(c) detailed plans and specifications of the
premises showing fences, water and feed troughs, shelters, drainage, food and
water storage, isolation areas and entry and access points and, for enclosed
sheds, details of dimensions, ventilation and flooring; and
(d) a copy of an operations manual in accordance
with section 2.05.
(4) The application must
be accompanied by evidence that the applicant:
(a) has control of the day‑to‑day
operation of the premises; and
(b) has obtained any approval or licence
(whatever it is called) necessary to operate the premises from the responsible
State or Territory authority.
(5) The application must
specify:
(a) the species, and class or classes, of live‑stock
that the applicant proposes to hold and assemble at the premises; and
(b) the greatest number of live‑stock that
the applicant proposes to hold and assemble at the premises at a time (and, if
the live‑stock will not all be of the same species, the greatest number
of each species); and
(c) the types of operation that will be carried
out at the premises.
(6) The application must
specify the months during which the premises are proposed to be used to hold
and assemble live‑stock for export, and must be accompanied by:
(a) meteorological evidence regarding the
weather in the area of the premises during those months; and
(b) evidence that there is adequate shelter on
the premises for live‑stock during those months.
2.05 Operations
manuals
The operations manual for premises to be registered
must set out how the premises will operate, including processes or arrangements
for the following matters:
(a) management and control of operations at the
premises;
(b) receiving and identifying each animal
received;
(c) ensuring that each animal on the premises
continues to be identifiable;
(d) daily reconciliation of animals and animal
movements;
(e) daily monitoring and reporting of animals’
health and mortality;
(f) preventing unauthorised access to the
premises;
(g) supply of feed and water;
(h) disposing of carcasses;
(i) the management of animals rejected
(including isolating and removing any animal suffering from inappetence);
(j) a plan for managing a disease outbreak;
(k) disposal of animal wastes and the maintenance
of sanitation in the yards or sheds used to hold animals;
(l) making and storing records of action taken
in compliance with the manual.
2.06 Consideration of applications for
registration of premises
(1) For the purpose of
considering an application for registration of premises, the Secretary may do
either or both of the following:
(a) ask the applicant, in writing, to provide
further information of a specified kind or about a specified matter, or to
provide a specified document;
(b) ask the
applicant, in writing, to permit an authorised officer nominated by the
Secretary to inspect the premises and the facilities and equipment to be used
in the operations, or watch a demonstration of the operations and procedures to
be followed at the premises.
Note The services of an authorised
officer for the purposes of paragraph (1) (b) are at the applicant’s
cost — see the Export Control (Fees) Orders 2001, Schedule 4, item
12.
(2) If the Secretary makes a request under subsection
(1), the Secretary need not consider the application until the applicant
complies with the request.
2.07 Criteria for registration of premises
(1) Subject to subsection
(2), the criteria for registration of premises are:
(a) whether the applicant has the capacity to
carry out the operations in accordance with the operations manual, and to
comply with the conditions of registration; and
(b) whether the operations manual is adequate;
and
(c) whether the location of the premises is
appropriate, taking into account the species, class and maximum number of
animals to be held at the premises and the types of operations proposed to be
carried out; and
(d) whether there is adequate drainage to ensure
that the premises are free‑draining; and
(e) whether there is adequate shelter to protect
the animals from adverse weather; and
(f) whether fences and arrangements for the
separation of animals on the premises are adequate for the species and maximum
number of animals to be held and the types of operations; and
(g) whether the water supply and the
arrangements for storage and delivery of feed and water are adequate for the
species and maximum number of animals to be held and the types of operations;
and
(h) whether the security proposed is adequate;
and
(i) for an enclosed shed, whether the
dimensions, ventilation and flooring are adequate for the species proposed to
be held in the shed; and
(j) whether the operations manual sets out the
operations to occur at the premises, including supervision and record‑keeping
arrangements, in sufficient detail and with sufficient clarity to enable
effective monitoring and audit of the operations.
(2) The Secretary may
take into account:
(a) the extent to which the premises’ operations
manual and facilities comply with the Australian Standards for the Export of
Live‑stock; and
(b) any other matters that may have adverse
health or welfare consequences for animals at the premises, or that make the
premises unsuitable for holding and assembling of animals for export.
2.08 Notice of decision
(1) The Secretary must give written notice of his or her
decision on an application to the applicant.
(2) The notice must set
out:
(a) if the decision was to approve the
application — any condition to which the registration is subject; or
(b) if the decision was to refuse the application —
the reasons for the decision.
2.09 Registration — duration etc
(1) Registration has effect (unless sooner cancelled)
for 1 year from the date of the notice of registration, or a shorter period
specified in the notice of registration.
(2) Approval of an application for registration is also
approval of the operations manual included in the application.
(3) Registration of
premises ceases to have effect if:
(a) the premises are transferred to a new owner;
or
(b) the operator ceases to have day‑to‑day
control of the operations at the premises.
2.10 Registration —
conditions
(1) The registration of premises is subject to the
following conditions:
(a) that the operator must not accept an animal
for holding and assembling for export except in accordance with the
registration;
(b) that, subject to subsection (2), operations
at the premises, and the maintenance of the premises, are carried out in
accordance with the approved operations manual for the premises;
(c) that the operator must consent to entry (at
a reasonable time and on reasonable notice) by an authorised officer, and must
provide such assistance to an authorised officer as is reasonably necessary, to
enable the officer to perform an audit at the premises or to exercise his or
her powers or functions under the Act or this Order at the premises;
(d) that the operator must consent to entry by an
accredited veterinarian, and must provide such assistance to such a
veterinarian as is reasonably necessary, to enable the veterinarian to
undertake veterinary work in accordance with an approved export program;
(e) that the operator must not accept live‑stock
for holding and assembling for export unless the operator is satisfied that the
live‑stock can be held and assembled at the premises in accordance with
the information about the live‑stock given to the operator under
subsection 2.45 (3);
(g) that the operator must not cause live‑stock
to leave the premises for export unless a permission to leave for loading for
the live‑stock has been issued to the exporter concerned;
(h) that the operator must not, without the
Secretary’s written approval:
(i) alter the premises in any respect
referred to in paragraph 2.04 (3) (b) or (c); or
(ii) change any aspect of the operation
of the premises referred to in subsection 2.04 (5);
(i) that the operator must not alter the
approved operations manual for the premises without the Secretary’s written
approval;
(j) that the operator must comply with any
notice given by the Secretary under subsection 2.11 (4) within the time
specified in the notice;
(k) that the operator must retain copies of all
documents given to it in connection with a consignment of live‑stock for
at least 2 years after the consignment leaves the premises;
(l) that if the Secretary so requests in
writing, the operator must produce to the Secretary any document referred to in
paragraph (k) within a reasonable period after the request.
(2) For the purposes of paragraph (1) (b), if a
requirement of an approved NOI or CRMP is inconsistent with the approved
operations manual for premises, the requirement of the NOI or CRMP prevails to
the extent of the inconsistency.
(3) The Secretary may impose an additional condition or
conditions on the registration of premises.
(4) Without limiting subsection (3), a condition may
relate to any or all of the following:
(a) the number of live‑stock that may be
held at the premises at a time;
(b) the kind of live‑stock that may be held
or assembled;
(c) the types of operation that may be carried
out at the premises;
(d) the countries to which live‑stock held
or assembled at the premises may be exported;
(e) that live‑stock may not be held or assembled
at the premises during a specified month or months for export to a specified
place or places;
(f) the frequency and intensity of audits for
the premises.
2.11 Changes to operations manuals
(1) An application for
approval to alter the approved operations manual for registered premises:
(a) must be in writing in the form approved by
the Secretary for the purpose; and
(b) must set out the proposed change; and
(c) must include a statement of the reason for
the change; and
(d) must include, or refer to, any necessary
evidence supporting that reason.
(2) The Secretary must give written notice of his or her
decision on an application to the applicant.
(3) If the decision was to refuse the application, the
notice must set out the reasons for the decision.
(4) The Secretary may direct the operator of registered
premises, by notice in writing, to alter the approved operations manual for the
premises in a specified way within a specified reasonable time.
2.12 Renewal of registration
(1) The operator of registered premises may re‑apply
for approval of the registration of the premises no later than 1 month before
the registration expires.
(2) Sections 2.04 to 2.09 apply to such an application,
except that the operator need not give the Secretary information or a document
that the Secretary already has.
2.13 Variation of registration
(1) The operator of
registered premises may apply in writing to the Secretary for approval to:
(a) alter the premises in a respect referred to
in paragraph 2.04 (3) (b) or (c); or
(b) change an aspect of the operation of the
premises referred to in subsection 2.04 (5).
(2) Sections 2.04 to 2.08 apply to such an application,
except that the operator need not give the Secretary information or a document
that the Secretary already has.
(3) The Secretary must give written notice of his or her
decision on an application to the applicant.
(4) If the decision was to refuse the application, the
notice must set out the reasons for the decision.
(5) The Secretary may, by
notice in writing, unilaterally vary the conditions of registration of
registered premises if he or she is satisfied that the variation is necessary
to:
(a) protect Australia’s trading relationship
with an importing country; or
(b) protect the health or welfare of animals to
be exported.
(6) A variation under subsection (5) has effect when
notice of it is given to the operator of the premises.
2.14 Show‑cause notices
(1) If there is reason to
believe that grounds may exist for the cancellation of the registration of
premises, the Secretary may give to the operator of the premises a show‑cause
notice in accordance with this section.
Note The grounds for cancellation are set
out in section 2.15.
(2) A show‑cause notice must be in writing.
(3) The notice must set out the facts and circumstances
that appear to be grounds for the cancellation of the registration of the
premises.
(4) The notice must invite the operator to show cause in
writing, within 14 days of service of the notice, why the registration should
not be cancelled.
(5) The Secretary may
suspend the registration if the suspension is to:
(a) protect Australia’s trading relationship
with an importing country; or
(b) protect the health or welfare of animals to
be exported.
(6) A show‑cause notice may include notice to an
operator that a decision has been taken under subsection (5) to suspend the
registration.
2.15 Cancellation of registration
(1) The Secretary may
cancel the registration of premises if:
(a) a condition of the registration of the
premises has been contravened; or
(b) he or she is
satisfied that cancellation of the registration is necessary to:
(i) protect Australia’s trading
relationship with an importing country; or
(ii) protect the health or welfare of
animals to be exported; and
(c) the Secretary has given the operator of the
premises a show‑cause notice in accordance with section 2.14; and
(d) the period allowed by the notice for the
operator to show cause why the registration should not be cancelled has ended.
(2) Before cancelling the registration of premises, the
Secretary must take into account any submissions that the operator makes within
14 days after service of the relevant show‑cause notice.
(3) If the operator has been charged with, but acquitted
of, an offence, the Secretary is not obliged to find that the facts on which
the charge was based have not been established.
(4) If the Secretary has not decided whether or not to
cancel the registration within 60 days after the end of the period allowed for
submissions, the Secretary is taken to have decided, at the end of that period,
not to cancel the registration.
2.16 Notice of cancellation
(1) The Secretary must give written notice of
cancellation of the registration of premises to the operator of the premises.
(2) The notice must set out the reasons for the
decision.
(3) The cancellation has effect when the notice is given
to the occupier.
Division 2.4 Notice of
intention to export and related matters
2.41 Notices of intention to export (NOIs)
(1) An NOI must be in writing in the form approved by
the Secretary for the purpose.
(2) An NOI must set out:
(a) the exporter’s basic details and AMLI
licence number; and
(b) the following
details of the proposed export:
(i) the name and address of the
importer;
(ii) a description (including number,
kind and class) of the live‑stock to be exported;
(iii) the name and the registration
number of the registered premises at which the live‑stock are to be held
and assembled for export;
(iv) if an approved export program is
required for the preparation of the live‑stock for export, the name of
the accredited veterinarian nominated by the exporter to undertake that
program;
(v) details of the proposed
international transport, including the route of the export voyage and details
of the vessel to be used;
(vi) details of the proposed transport
in Australia including the method of transport;
(vii) the area from which the live‑stock
are to be sourced;
(viii) the expected dates of arrival at,
and departure from, the registered premises to be used to hold and assemble the
live‑stock for export;
(ix) the date the live‑stock will
leave Australia;
(x) the port from which they will
leave;
(xi) the expected date of arrival in the
importing country.
2.42 Consignment
risk management plans (CRMPs)
(1) A CRMP must be in writing, in the form approved by
the Secretary for the purpose.
(2) A CRMP must set out the following:
(a) the importing country requirements relating
to sourcing, pre‑export quarantine, treatment and testing, and the
exporter’s plans to meet those requirements;
(b) the standards in the Australian Standards for
the Export of Live‑stock relevant to the export and the exporter’s plans
to meet those standards;
(c) the legislative requirements in orders under
the AMLI Act relevant to the export and the exporter’s plans to meet these
requirements;
(d) a declaration that the exporter has risk‑management
plans for:
(i) mechanical breakdown, delay or
unavailability of the vessel to be used for the export voyage; and
(ii) a food or water shortage during
the voyage; and
(iii) an outbreak of disease during the
voyage; and
(iv) extreme weather during the voyage;
and
(v) rejection of the consignment by the
overseas market;
(e) a declaration that the exporter has reviewed
and if necessary amended the plans referred to in paragraph (d) in the context
of the export;
(f) any other risk management plan that the
exporter considers necessary for the export.
2.43 Giving
NOIs and CRMPs to Secretary
(1) The NOI and CRMP must be given to, and approved by,
the Secretary before the exporter begins sourcing animals for export.
(2) Despite subsection (1), the Secretary may accept an
NOI and a CRMP after the exporter has begun sourcing live‑stock or
preparing them for export if the Secretary thinks it reasonable to do so,
having regard to the kind and number of live‑stock to be exported and the
importing country requirements.
2.44 Approval
of NOIs and CRMPs
(1) The Secretary may by notice in writing:
(a) require further information about a proposed
export; or
(b) direct that an NOI or a CRMP be amended in a
specified way.
(2) The criterion for approval of an NOI or a CRMP is whether
the export proposed in the NOI or CRMP complies with the following:
(a) the requirements of this Order;
(b) the requirements of the AMLI Act and
regulations under that Act;
(c) orders or directions under the AMLI Act;
(d) the conditions of the exporter’s AMLI
licence;
(e) the Australian Standards for the Export of
Live‑stock.
(3) The Secretary must give written notice to the
exporter of his or her decision whether or not to approve the NOI and CRMP, and
if the decision is a refusal, of the reasons for the decision.
(4) The Secretary may approve an NOI and a CRMP subject
to a condition.
2.45 Effect
of approval of NOIs and CRMPs
(1) Approval of an NOI and a CRMP is approval for the
exporter to prepare to export the specified number and kind of live‑stock
from the specified port in Australia on the specified day on board the
specified ship to the specified country in compliance with the approved NOI and
CRMP.
(2) Approval of an NOI and a CRMP for a proposed export
does not oblige the Secretary to grant an export permit for the export.
(3) An exporter must give the operator of the
registered premises at which the relevant animals are to be held and assembled
for export the following information, as extracted from the NOI and CRMP:
(a) a description (including number, kind, class
and condition) of the live‑stock to be exported;
(b) the name and the registration number of the
registered premises to be used to hold and assemble the live‑stock for
export;
(c) if the importing country requires the
preparation to be supervised by an accredited veterinarian, the name of the
veterinarian who will do so;
(d) details of the proposed international
transport including the route of the export voyage and details of the vessel to
be used;
(e) details of the proposed transport in
Australia including the method of transport;
(f) the area from which the relevant live‑stock
are to be sourced;
(g) the expected dates of arrival at, and
departure from, the registered premises to be used to hold and assemble the
live‑stock for export;
(h) the date the live‑stock will leave
Australia;
(i) the port from which they will leave;
(j) the importing country requirements relating
to sourcing, pre‑export quarantine or isolation, treatment and testing, and
the exporter’s plans to meet those requirements;
(k) the standards in the Australian Standard for
the Export of Live‑stock relevant to the export, and the exporter’s plans
to meet those standards;
(l) any applicable requirements in Orders made
under the AMLI Act, and the exporter’s plans to meet those requirements;
(m) details of any conditions imposed by the
Secretary under subsection 2.44 (4).
2.46 What
happens if circumstances change
(1) If there is a relevant change in any circumstance of
the export, the exporter must inform the Secretary in writing before proceeding
any further with the preparation of the live‑stock for export.
(2) If the Secretary has been informed by an exporter,
or has otherwise become aware, of a change relevant to a proposed export, the
Secretary may, by notice in writing to the exporter, do any 1 or more of the
following:
(a) cancel any approval already granted of the
NOI or CRMP for the proposed export;
(b) direct that the approved NOI or CRMP is to be
varied in a specified manner;
(c) require the exporter to submit a new NOI or
CRMP or both.
2.47 Approved
export programs for live‑stock
(1) An approved export program for live‑stock may
include requirements about any 1 or more of the following matters:
(a) pre‑export quarantine or isolation,
treatment and testing of the live‑stock, as required by the importing
country requirements and the Australian Standards for the Export of Live‑stock;
(b) obligations on an accredited veterinarian to
report on the program, keep records and make declarations in relation to
compliance with the program.
(2) The Secretary may approve an export program for an
export of live‑stock based on the information contained in the relevant
NOI and CRMP and any other information that the Secretary has regarding the
importing country requirements and the Australian Standards for the Export of
Live‑stock.
(3) The Secretary must give a copy of the approved
export program to the exporter concerned and may give a copy to the accredited
veterinarian nominated by the exporter.
(4) The exporter must give a copy of the approved export
program to the accredited veterinarian nominated by the exporter.
2.48 When
live‑stock to be accompanied by accredited veterinarian
(1) The Secretary may
require, as a condition of the approval of an export program, that live‑stock
the subject of the export program are to be accompanied on their export voyage
by an accredited veterinarian.
Note Failure to comply with such a
requirement is an offence — see the Act, section 9J.
(2) For the purpose of
deciding whether or not to impose a requirement under subsection (1), the
Secretary may take into account any relevant matter including:
(a) the relevant importing country requirements;
and
(b) the exporter’s record as an exporter of live‑stock;
and
(c) the condition of the vessel on which the
live‑stock are to travel; and
(d) the weather and time of year; and
(e) the kind of live‑stock being exported;
and
(f) market considerations.
2.49 Variation
of approved export programs for live‑stock
(1) The Secretary may vary an approved export program
if:
(a) the importing country requirements
relevantly change; or
(b) the standards of the Australian Standards for
the Export of Live‑stock relevantly change; or
(c) any other relevant circumstance changes; or
(d) the Secretary is of the opinion that the
variation is necessary to maintain the health or welfare of the relevant live‑stock;
or
(e) the exporter or accredited veterinarian
concerned so requests.
(2) In considering whether to approve a variation
requested by an exporter or accredited veterinarian, the Secretary must have
regard to:
(a) the importing country requirements; and
(b) the relevant standards of the Australian
Standards for the Export of Live‑stock; and
(c) the health and welfare of the live‑stock
concerned; and
(d) any other relevant circumstance.
(3) If the Secretary varies an approved export program,
he or she must give a copy of the approved export program, as so varied, to the
exporter concerned, and may give a copy to the accredited veterinarian
nominated by the exporter.
(4) The exporter must give a copy of the approved export
program, as so varied, to the accredited veterinarian nominated by the
exporter.
2.50 Suspension
or cancellation of approved export programs for live‑stock
(1) The Secretary may suspend or cancel the approval of
an export program if:
(a) the importing country requirements have
relevantly changed; or
(b) the standards of the Australian Standards for
the Export of Live‑stock have relevantly changed; or
(c) any other relevant circumstance has changed;
or
(d) the Secretary is of the opinion that the
suspension or cancellation is necessary to maintain the health or welfare of
the relevant live‑stock.
(2) If the Secretary suspends or cancels an approved
export program, he or she must give written notice of the suspension or
cancellation, including a statement of the reasons for doing so, to the
exporter concerned, and may give a copy of the notice to the accredited
veterinarian nominated by the exporter.
(3) The exporter must give a copy of the notice to the
accredited veterinarian nominated by the exporter.
2.51 Payment
of costs of authorised officers etc
(1) An exporter must pay the reasonable costs of any
activities undertaken by an authorised officer under section 9D or 9E of the
Act in relation to an approved export program of the exporter.
(2) For subsection (1):
costs includes the cost of the officer’s
salary, transport and accommodation.
(3) An amount payable by an exporter under subsection
(1) is a debt due to the Commonwealth.
Division 2.5 Inspection of live‑stock before export and grant of
export permit
2.52 Application
for pre‑export inspection etc
(1) An exporter may apply to the Secretary for:
(a) a health certificate for live‑stock to
be exported; and
(b) a permission to leave for loading for the
live‑stock.
(2) The application:
(a) must be in writing in the form approved by
the Secretary for the purpose; and
(b) must include, or be accompanied by, travel
and loading plans for the live‑stock, describing how the live‑stock
will be transported to the place of loading, loaded, and carried on the export
voyage, including:
(i) feed and water arrangements; and
(ii) space or crate requirements; and
(iii) ventilation; and
(iv) personnel required on the voyage;
and
(c) must include:
(i) a declaration by the exporter in
accordance with subsection (3); and
(ii) if the export is covered by an
approved export program, a declaration by an accredited veterinarian that the
live‑stock have been prepared for export in accordance with the program;
and
(d) must be accompanied by evidence supporting
those declarations.
(3) The declaration by the exporter must state:
(a) that the live‑stock have been held and
assembled in accordance with the approved NOI and CRMP and the Australian
Standards for the Export of Live‑stock, to the extent to which the
exporter has become obliged to comply with them at or before the time of
application for the certificate and permission; and
(b) that any requirements under any other
Commonwealth law, or the law of a State or Territory, that the exporter has
become obliged to comply with at or before that time been complied with; and
(c) that all importing country requirements
relating to the consignment that the exporter has become obliged to comply with
at or before that time have been complied with.
(4) The Secretary may obtain evidence about the matters
referred to in paragraphs (3) (a) and (b) directly from the Commonwealth,
State or Territory authority concerned, and may for that purpose give a copy of
the relevant declaration to the Commonwealth, State or Territory authority.
2.53 Health
certificates
(1) A health certificate in relation to live‑stock
is a certificate, issued by an authorised officer, that the live‑stock
meet the requirements of a specified importing country relating to the health
of the live‑stock.
(2) Before issuing a health certificate for live‑stock,
an authorised officer:
(a) must inspect the live‑stock before
they leave the registered premises at which they are held and assembled for
export; and
(b) may consider any evidence (including the
declarations mentioned in subparagraphs 2.52 (2) (c) (i) and (ii) and the
evidence submitted in support of those declarations) provided by the exporter
in relation to the health of the live‑stock; and
(c) may take into account any undertaking
accepted by an authorised officer under subsection 2.54 (3A) in relation to the
live‑stock.
(3) A health certificate:
(a) must be in a form approved by the Secretary;
and
(b) must be signed by the authorised officer who
issues it; and
(c) must bear the identity number of the
authorised officer who issues it; and
(d) must state its date of issue; and
(e) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods —
General) Order 2005; and
(f) may contain any information required by a
competent authority of the importing country.
(4) A health certificate for live‑stock must be
prepared by an authorised officer as soon as possible after the inspection
required by paragraph (2) (a), but is not to be issued to the exporter of
the live‑stock until after the live‑stock have been loaded for
export but before an export permit is issued for the export.
2.54 Grant
of permission to leave for loading [see Note 2]
(1) A permission to leave for loading authorises the
exporter to which it is issued to move the relevant live‑stock from the
registered premises at which they have been held and assembled and load them on
board the ship on which they are to be exported.
(2) The grant of a permission to leave for loading is
also approval of the travel and loading plan that accompanied the application
for the permission.
(3) If an authorised officer is satisfied that:
(b) the exporter has complied with the NOI and
the CRMP; and
(c) the exporter holds a live‑stock export
licence under the AMLI Act; and
(d) the exporter has complied with the
requirements of the AMLI Act and regulations, and any orders made or directions
given under that Act; and
(e) the exporter has complied with any
conditions of the live‑stock export licence; and
(f) a health certificate can be issued for the
live‑stock if required; and
(g) each of the live‑stock is fit to
undertake the proposed export voyage without any significant impairment of its
health; and
(h) the relevant travel and loading plans comply
with the Australian Standards for the Export of Live‑stock; and
(i) subject to subsection (3A), importing
country requirements in relation to the export have been complied with;
the authorised officer may grant the exporter written permission
to leave for loading.
Note for paragraph (e) It is a condition
of a live‑stock export licence that the holder complies with the Australian
Standards for the Export of Live‑stock — see regulation 18 of the Australian
Meat and Live‑stock Industry (Export Licensing) Regulations 1998.
(3A) Despite paragraph (3) (i), an authorised officer
may issue a permit to leave for loading, even though a minor requirement for a
treatment has not been complied with, if:
(a) the treatment can be given after the
permission to leave for loading is granted but before the live‑stock
commence boarding the ship; and
(b) the exporter undertakes to give the required
treatment before the live‑stock commence boarding the ship; and
(c) in the circumstances it is reasonable for
the authorised officer to accept the undertaking.
(3B) For paragraph (3) (g), an authorised officer may
be satisfied live‑stock are fit to undertake a proposed export voyage
without needing to be assured of the fitness of every animal in a herd.
(4) The permission to leave for loading must be in
writing in a form approved by the Secretary for the purpose.
(5) An authorised officer may impose a condition on a
permission to leave for loading.
(6) To assess whether the animals are fit to undertake
a proposed export voyage without any significant impairment of their health, an
authorised officer must have regard to the following matters:
(a) the animals’ general condition;
(b) the risk of them being injured by the
enclosures or ramps used for loading them onto the ship, aircraft, train or
other vehicle on which they are to be carried to the place of export;
(c) the nature of the accommodation for them on
the ship on which they are to be transported overseas;
(d) the number, species, health and general
condition of any other animal to be carried on the same ship;
(e) the conditions that the animals are likely
to encounter during the export voyage.
(7) If the authorised officer refuses to grant a
permission to leave for loading, the officer must notify the exporter in
writing.
(8) The notice must set out the reasons for refusal.
2.55 Variation
of travel and loading plans
(1) An exporter may request an authorised officer to approve
a variation to the approved travel and loading plans for an export of live‑stock
if there is a relevant change in circumstances relating to the travel or
loading of the live‑stock.
(2) The request must be in writing and must set out:
(a) the change in circumstances; and
(b) the proposed variation.
(3) In considering whether to approve the variation,
the authorised officer must take into account:
(a) the importing country requirements; and
(b) the relevant standards of the Australian
Standards for the Export of Live‑stock; and
(c) the health and welfare of the live‑stock
concerned; and
(d) any other relevant circumstance.
2.56 Conditions
of permission to leave for loading
(1) A permission to leave for loading is subject to the
conditions that:
(a) the exporter complies with the relevant
approved travel and loading plans; and
(b) the live‑stock remain fit to travel.
(2) A permission to leave for loading is valid for 5
days after the day it is issued.
(3) The Secretary may extend the period of validity of a
permission to leave for loading if he or she is satisfied that exceptional
circumstances exist that justify the extension.
(4) Before extending the period of validity of the
permission, the Secretary may require the exporter to allow an authorised
officer to inspect the animals.
2.57 Suspension or cancellation of permission to
leave for loading
(1) If, after permission to leave for loading has been
granted for a proposed export of live‑stock, there are reasonable grounds
to believe that there has been a relevant change in any circumstance relating
to the export, the Secretary may suspend the permission.
(2) If there is no reasonable possibility that the
exporter will be able to continue the export in the changed circumstances, the
Secretary may cancel the permission.
2.58 Application for export permit
(1) After the live‑stock are loaded on board a
ship for export, the exporter may apply to the Secretary for an export permit
for the export of the live‑stock by sea.
(2) The application must
be in writing in the approved form and must include:
(a) a copy of the permission to leave for
loading; and
(b) a declaration that the live‑stock were
transported to the port of loading and loaded in accordance with the relevant
approved travel and loading plans; and
(c) a declaration that no relevant circumstances
have changed since the live‑stock were inspected for the purposes of the issue
of the relevant health certificate; and
(d) a declaration that the exporter has complied
with the relevant approved NOI and CRMP; and
(e) a declaration
that the exporter has complied with importing country requirements in relation
to the live‑stock.
Note Before
the permit is granted, the exporter must make the declaration mentioned in
subsection 7 (3C) of the Act — see
subsection 2.59 (4). That subsection is as follows:
|
‘(3C) The declaration is that the
person has complied with:
(a) any
conditions to which a live‑stock export licence under the Australian
Meat and Live‑stock Industry Act 1997 was subject; and
(b) any
requirements under that Act that otherwise relate to the export of live‑stock.’.
|
2.59 Grant
of export permit
(1) The Secretary may grant an export permit for live‑stock
if:
(a) a permission to leave for loading is in
effect that authorised them to be loaded on the ship; and
(b) the exporter holds a live‑stock export
licence under the AMLI Act; and
(c) the Secretary is satisfied that:
(i) the live‑stock were
transported to the port of loading and loaded in accordance with the approved travel
and loading plans; and
(ii) the exporter has complied with
importing country requirements in relation to the live‑stock; and
(iii) no relevant circumstances have
changed since the live‑stock were inspected for the purposes of the issue
of the health certificate; and
(iv) the exporter has complied with the
approved NOI and CRMP; and
(d) the relevant importing country requirements
so require, a health certificate for the live‑stock has been issued.
(2) In deciding whether to grant an export permit to an
exporter, the Secretary may take into account whether the exporter has complied
with:
(a) any conditions to which a live‑stock
export licence under the AMLI Act was subject; and
(b) any requirements under that Act that
otherwise relate to the export of live‑stock.
(3) An export permit:
(a) must be in a form approved by the Secretary;
and
(b) must state the date on which it was granted;
and
(c) must state the number, kind and class of
live‑stock authorised to be exported; and
(d) must specify the place to which the live‑stock
are authorised to be exported; and
(e) must specify the ship on board which the
live‑stock are authorised to be exported; and
(f) must be signed by an authorised officer; and
(g) must bear the identity number of the
authorised officer who signed it; and
(h) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods —
General) Order 2005; and
(i) may contain any information required by the
country to which the live‑stock are to be exported.
(4) The granting of an export permit is subject to the
condition that, before the permit is granted, the applicant makes the
declaration mentioned in subsection 7 (3C) of the Act.
Note That subsection is as follows:
|
‘(3C) The declaration
is that the person has complied with:
(a) any
conditions to which a live‑stock export licence under the Australian
Meat and Live‑stock Industry Act 1997 was subject; and
(b) any
requirements under that Act that otherwise relate to the export of live‑stock.’.
|
(5) A health certificate and an export permit may be
combined in 1 document.
(6) It is a condition of an export permit that the live‑stock
to which it applies must leave Australia within 72 hours after it is granted,
unless the Secretary approves otherwise.
(7) An export permit may be subject to such other
conditions as the Secretary thinks fit.
2.60 Refusal to grant permit
(1) The Secretary may
refuse to grant an export permit if the permit would, if granted, have allowed
the live‑stock concerned:
(a) to be carried on a ship the condition of
which there is reason to believe caused the health or condition of live‑stock
to deteriorate during an export voyage; or
(b) to be consigned to a person whose actions
there is reason to believe have caused the health or condition of live‑stock
to deteriorate during export; or
(c) to be exported by a person whose actions
there is reason to believe have caused the health or condition of live‑stock
to deteriorate during export.
(2) The Secretary may refuse to grant the export permit
if there is reason to believe that the intended country of destination will not
permit the live‑stock to enter.
(3) If the Secretary refuses to grant an export permit,
the Secretary must give the applicant written notice of the refusal.
(4) The notice must set out the reasons for the refusal.
2.61 Revocation
of export permits
(1) If there is reason to believe that a condition of an
export permit has not been complied with, or that a relevant circumstance has
changed, the Secretary may revoke the permit.
(2) If there is reason to believe that, in relation to
the export of live‑stock to which an export permit applies, an exporter
has not complied with:
(a) any conditions to which a live‑stock
export licence for the live‑stock under the AMLI Act was subject; and
(b) any requirements under that Act that
otherwise relate to the export of the live‑stock;
the Secretary may revoke the permit.
(3) The Secretary must revoke an export permit if the
holder requests the Secretary in writing to do so.
(4) If the Secretary revokes an export permit otherwise
than at the request of the holder, the Secretary must give the holder written
notice of the revocation.
(5) The notice must set out the reasons for the
revocation.
(6) The Secretary may, but is not obliged to, grant
another export permit subject to a different condition or an additional
condition, or authorising export to a different destination.
(7) If an export permit granted under subsection (6) is
subject to a condition to which the revoked export permit was not subject, the
Secretary must give the person to whom the new export permit is granted written
notice of the reasons for imposing the new condition.
Part 3 Other export of live animals
3.01 Application
of this Part
In this Part, a reference to the export of live
animals is a reference to:
(a) the export of live‑stock by air; and
(b) the export of live animals (other than live‑stock)
by any means.
3.02 Definitions
for this Part
In this Part:
live animal means:
(a) a warm‑blooded animal intended to be
exported alive; and
(b) if an importing country requires
certification by a government agency of the exporting country in relation to
any matter about an animal proposed to be exported — the animal intended
to be exported alive.
port includes an airport.
voyage includes a flight.
3.03 Prohibition
on export of live animals
The export of a live animal is prohibited unless:
(a) an export permit has been granted, and is in
effect, for the export of the animal; and
(b) the exporter has obtained approval of the NOI
to export the animal and has complied with all conditions to which the approval
is subject; and
(c) the animal is exported to the place
specified in the export permit; and
(d) the exporter complies with any conditions of
the export permit.
Note For the offence of exporting
prescribed goods contrary to a prohibition, see the Act, section 8. Live
animals are prescribed goods — see section 1.04 of this Order.
3.04 Notices
of intention to export (NOIs)
(1) An NOI must be in writing in the form approved by
the Secretary for the purpose.
(2) An NOI:
(a) must give the basic details of the exporter
including, in the case of a proposed export of live‑stock by air, the
exporter’s AMLI licence number; and
(b) must give the following details of the
export:
(i) the importing country;
(ii) the importer;
(iii) the relevant importing country
requirements relating to pre‑export quarantine or isolation, treatment
and testing, and the exporter’s plans to meet those requirements;
(iv) the name of the veterinarian who
will assist in the preparation of the animal or animals for export;
(v) how many animals are to be
exported;
(vi) a description of the animal, or
each animal, to be exported;
(vii) the travel arrangements, including
details of the ship or flight, route, container specifications and feed and
water arrangements;
(viii) the date the animal or animals
will leave Australia;
(ix) the port from which it or they will
leave;
(x) the expected date of arrival in the
importing country;
(xi) the premises where the animal is,
or the animals are, to be prepared for export;
(xii) the expected dates of their
arrival at, and departure from, the premises;
(xiii) the premises where the animal or
animals can be inspected by an authorised officer.
3.05 Giving
NOIs to Secretary
(1) The NOI must be given to the Secretary no later
than:
(a) if the importing country requirements
require pre‑export quarantine or isolation of the animal or
animals — 10 working days before the quarantine or isolation begins; or
(b) otherwise — 10 working days before the
proposed export.
(2) Despite subsection (1), the Secretary may accept an
NOI less than 10 working days before pre‑export quarantine or
isolation begins, or the proposed export, as the case requires, if the Secretary
thinks it reasonable to do so, having regard to the kind and number of animals
to be exported and any relevant requirements of their intended destination.
3.06 Approval
of premises for pre‑export quarantine or isolation
(1) If the importing country requirements require the
animal or animals to be prepared at premises approved for pre‑export
quarantine or isolation, the NOI has effect as an application for approval of
the premises at which the animals are to be prepared.
(2) For the purposes of considering whether premises
may be approved under subsection (1), the Secretary may request the
applicant for the NOI:
(a) to provide further information; and
(b) to allow an authorised officer to inspect the
premises.
(3) The criteria for the approval of premises are that
the premises meet the requirements of the importing country for pre‑export
quarantine or isolation.
(4) The Secretary may approve premises only for the
period of preparation required in relation to the consignment mentioned in the
NOI.
3.07 Approval
of NOIs
(1) The Secretary may by notice in writing:
(a) require further information about a proposed
export; or
(b) direct that an NOI be amended in a specified
way.
(2) The criterion for approval of an NOI is whether the
export proposed in the NOI complies with:
(a) the requirements of this Order; and
(b) in the case of an export of live‑stock
by air:
(i) the requirements of the AMLI Act
and regulations under that Act; and
(ii) orders or directions under the
AMLI Act; and
(iii) the conditions of the exporter’s
AMLI licence; and
(iv) the Australian Standards for the
Export of Live‑stock; and
(c) the importing country requirements
(3) The Secretary must give written notice to the
exporter of his or her decision whether or not to approve the NOI, and if the
decision is a refusal, of the reasons for the decision.
(4) The Secretary may approve an NOI subject to a
condition.
3.08 Effect
of approval of NOIs
(1) Approval of an NOI is approval for the exporter to
prepare to export the specified number and kind of animals from the specified
port in Australia on the specified day on board the specified ship or flight to
the specified country in compliance with the approved NOI.
(2) Approval of an NOI for a proposed export does not
oblige the Secretary to grant an export permit for the export.
3.09 What
happens if circumstances change
(1) If there is a relevant change in any circumstance of
the export, the exporter must inform the Secretary in writing before proceeding
any further with the preparation of the animal or animals for export.
(2) If the Secretary has been informed by an exporter,
or has otherwise become aware, of a change relevant to a proposed export, the
Secretary may, by notice in writing to the exporter, do any 1 or more of the
following:
(a) cancel any approval already granted of the
NOI for the proposed export;
(b) direct that the approved NOI is to be varied
in a specified manner;
(c) require the exporter to submit a new NOI.
3.10 Approved
export programs for live‑stock exported by air
(1) An approved export program for the export of live‑stock
by air may include requirements about any 1 or more of the following matters:
(a) pre‑export quarantine or isolation,
treatment and testing of the live‑stock, as required by the importing
country requirements and the Australian Standards for the Export of Live‑stock;
(b) obligations on an accredited veterinarian to
report on the program, keep records, make declarations and provide supporting
documentation in relation to compliance with the program.
(2) The Secretary may approve an export program for an
export of live‑stock by air based on the information contained in the
relevant NOI and any other information that the Secretary has regarding the
importing country requirements and the Australian Standards for the Export of
Live‑stock.
(3) The Secretary must give a copy of the approved
export program to the exporter concerned and may give a copy to the accredited
veterinarian nominated by the exporter.
(4) The exporter must give a copy of the approved export
program to the accredited veterinarian nominated by the exporter.
3.11 Variation
of approved export programs for live‑stock
(1) The Secretary may vary an approved export program
for an export of live‑stock by air if:
(a) the importing country requirements have
relevantly changed; or
(b) the standards of the Australian Standards for
the Export of Live‑stock have relevantly changed; or
(c) any other relevant circumstance has changed;
or
(d) the Secretary is of the opinion that the
variation is necessary to maintain the health or welfare of the relevant live‑stock;
or
(e) the exporter or accredited veterinarian
concerned so requests.
(2) In considering whether to approve a variation
requested by an exporter or accredited veterinarian, the Secretary must have
regard to:
(a) the importing country requirements; and
(b) the relevant standards of the Australian
Standards for the Export of Live‑stock; and
(c) the health and welfare of the live‑stock
concerned; and
(d) any other relevant circumstance.
(3) If the Secretary varies an approved export program,
he or she must give a copy of the approved export program, as so varied, to the
exporter concerned, and may give a copy to the accredited veterinarian
nominated by the exporter.
(4) The exporter must give a copy of the approved export
program, as so varied, to the accredited veterinarian nominated by the
exporter.
3.12 Suspension
or cancellation of approved export programs for live‑stock
(1) The Secretary may suspend or cancel the approval of
an export program for the export of live‑stock by air if:
(a) the importing country requirements have
relevantly changed; or
(b) the standards of the Australian Standards for
the Export of Live‑stock have relevantly changed; or
(c) any other relevant circumstance has changed;
or
(d) the Secretary is of the opinion that the
suspension or cancellation is necessary to maintain the health or welfare of
the relevant live‑stock.
(2) If the Secretary suspends or cancels an approved
export program, he or she must give written notice of the suspension or
cancellation, including a statement of the reasons for doing so, to the
exporter concerned, and may give a copy of the notice to the accredited
veterinarian nominated by the exporter.
(3) The exporter must give a copy of the notice to the
accredited veterinarian nominated by the exporter.
3.13 Payment
of costs of authorised officers etc
(1) An exporter must pay the reasonable costs of any
activities undertaken by an authorised officer under section 9D or 9E of the
Act in relation to an approved export program of the exporter.
(2) For subsection (1):
costs includes the cost of the officer’s
salary, transport and accommodation.
(3) An amount payable by an exporter under subsection
(1) is a debt due to the Commonwealth.
3.14 Health
certificates
(1) A health certificate for an animal is a certificate,
issued by an authorised officer, that the animal meets an importing country’s
requirements relating to the animal’s health.
(2) A health certificate:
(a) must be in a form approved by the Secretary;
and
(b) must be signed by the authorised officer who
issues it; and
(c) must bear the identity number of the
authorised officer who issues it; and
(d) must state its date of issue; and
(e) must bear an official mark declared under
Part 13 of the Export Control (Prescribed Goods — General) Order 2005;
and
(f) may contain any information required by a
competent authority of the importing country.
(3) Before issuing a health certificate, an authorised officer
may consider information provided by an exporter under subparagraphs
3.04 (2) (b) (iii), (v), (vi), (vii) and (xii) in relation to
the health of an animal.
(4) When issuing a health certificate, an authorised
officer must consider any condition attaching to the NOI approved in relation
to export of the animal.
3.15 Grant
of export permit for export of live animals
(1) If the Secretary is satisfied that:
(a) the exporter has given the Secretary an NOI
about the export in accordance with section 3.04; and
(b) the Secretary has approved the NOI; and
(c) the exporter has complied with any
conditions of the approval; and
(d) if a health certificate for the animal or
animals is required, such a certificate has been issued; and
(e) any other importing country requirement has
been met; and
(f) in the case of an export of live‑stock
by air:
(i) the exporter has complied with any
regulations or orders under the AMLI Act, and any conditions of the live‑stock
export licence; and
(ii) if the export is covered by an
approved export program, an accredited veterinarian has declared in writing
that the live‑stock have been prepared for export in accordance with the
program; and
(g) the animal is, or the animals are, fit
enough to undertake the proposed export voyage without any significant
impairment of its or their health; and
(h) the travel arrangements are adequate for its
or their health and welfare; and
(i) if another Commonwealth law requires the
exporter to hold an authorisation (whatever it is called) for the export, the
exporter holds such an authorisation;
the Secretary must grant an export permit for the proposed
export.
Note for paragraph (i) Under the Environment
Protection and Biodiversity Conservation Act 1999, a permit may be required
for the export of a live Australian native animal.
(2) For the purposes of deciding whether an animal is
fit enough to undertake an export voyage without any significant impairment of
its health, and whether the travel arrangements are adequate for its health and
welfare, the matters that the Secretary may take into consideration include the
following:
(a) the animal’s general condition;
(b) the nature of the accommodation, feed and
water for it on the ship or aircraft on which it is to be transported overseas;
(c) if any other animal is to be transported
with it, that animal’s or those animals’ species, health and general condition;
(d) the conditions that the animal will be likely
to encounter during the export voyage.
(3) An export permit:
(a) must be in a form approved by the Secretary;
and
(b) must state the date it was granted; and
(c) must state the number, kind and class of
animals authorised to be exported; and
(d) must specify the place to which the animals
are authorised to be exported; and
(e) must specify the ship or flight on board
which the animals are authorised to be exported; and
(f) must be signed by an authorised officer; and
(g) must bear the identity number of the
authorised officer who signed it; and
(h) must bear an official mark declared under
Part 13 of the Export Control (Prescribed Goods — General) Order 2005;
and
(i) may contain any information required by the
country to which the animals are to be exported.
(4) A health certificate and an export permit may be
combined in 1 document.
(5) It is a condition of an export permit that the
animal or animals to which it applies must leave Australia within 72 hours
after it is granted, unless the Secretary approves otherwise.
(6) An export permit may be subject to such other conditions
as the Secretary thinks fit.
3.16 Refusal
to grant permit
(1) The Secretary may refuse to grant an export permit
if the permit would, if granted, have allowed the animal or animals concerned:
(a) to be carried on a ship or aircraft the
condition of which there is reason to believe caused the health or condition of
an animal to deteriorate during an export voyage; or
(b) to be consigned to a person whose actions
there is reason to believe have caused the health or condition of an animal to
deteriorate during export; or
(c) to be exported by a person whose actions
there is reason to believe have caused the health or condition of an animal to
deteriorate during export.
(2) The Secretary may refuse to grant the export permit
if there is reason to believe that the intended country of destination will not
permit the relevant animal or animals to enter.
(3) If the Secretary refuses to grant an export permit,
the Secretary must give the applicant written notice of the refusal.
(4) The notice must set out the reasons for the refusal.
3.17 Revocation
of export permits
(1) If there is reason to believe that a condition of an
export permit has not been complied with, or that a relevant circumstance has
changed, the Secretary may revoke the permit.
(2) If there is reason to believe that, in relation to
an export of live‑stock by air to which an export permit applies, an
exporter has not complied with:
(a) any conditions to which a live‑stock
export licence for the live‑stock under the AMLI Act was subject; and
(b) any requirements under that Act that
otherwise relate to the export of the live‑stock;
the Secretary may revoke the permit.
(3) The Secretary must revoke an export permit if the
holder requests the Secretary in writing to do so.
(4) If the Secretary revokes an export permit otherwise
than at the request of the holder, the Secretary must give the holder written
notice of the revocation.
(5) The notice must set out the reasons for the
revocation.
(6) The Secretary may, but is not obliged to, grant
another export permit subject to a different condition or an additional
condition, or authorising export to a different destination.
(7) If an export permit granted under subsection (6) is
subject to a condition to which the revoked export permit was not subject, the
Secretary must give the person to whom the new export permit is granted written
notice of the reasons for imposing the new condition.
Part 4 Export of animal reproductive material
4.01 Prohibition
on export of animal reproductive material
The export of animal reproductive material is
prohibited unless:
(a) an export permit has been granted, and is in
effect, for the export of the material; and
(b) the material is exported to the place
specified in the export permit; and
(c) the exporter complies with any conditions
of the export permit.
Note For the offence of exporting
prescribed goods contrary to a prohibition, see the Act, section 8. Animal
reproductive material is prescribed goods — see section 1.04 of this
Order.
4.02 Giving
notice of intention to export for export of animal reproductive material
(1) An NOI in relation to the export of animal
reproductive material:
(a) must be in writing in the form approved by
the Secretary for the purpose; and
(b) must give the exporter’s basic details; and
(c) must give the following details of the
proposed export:
(i) a description of the material to
be exported;
(ii) the travel arrangements;
(iii) the importer;
(iv) the importing country;
(v) the port from which it will leave;
(vi) where it will be collected and
stored;
(vii) details of the relevant importing
country requirements in relation to pre‑export quarantine or isolation,
treatment and testing.
(2) The Secretary may, by notice in writing, ask the
exporter to provide other specified information that is reasonably necessary to
allow proper consideration of the NOI.
(3) The NOI must be given to the Secretary no later
than:
(a) if the importing country requirements
require pre‑export quarantine or isolation of the animal or animals from
which the material is derived — 10 working days before the quarantine or
isolation begins; or
(b) otherwise — 10 working days before the
proposed export.
(4) Despite subsection (3), the Secretary may accept an
NOI later than 10 working days before the pre‑export quarantine or
isolation begins, or the date of the proposed export, as the case requires, if
the Secretary thinks it reasonable to do so, having regard to the kind and
amount of material to be exported and any relevant requirements of its intended
destination.
4.03 Health
certificates
(1) A health certificate for animal reproductive
material is a certificate, issued by an authorised officer, that the material
meets an importing country’s requirements relating to its health or the health
of the animal from which it was collected.
(2) A health certificate:
(a) must be in a form approved by the Secretary;
and
(b) must be signed by the authorised officer who
issues it; and
(c) must bear the identity number of the
authorised officer who issues it; and
(d) must state its date of issue; and
(e) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods —
General) Order 2005; and
(f) may contain any information required by a
competent authority of the importing country.
4.04 Export
permit for animal reproductive material
(1) If the Secretary is satisfied that:
(a) a person intending to export animal
reproductive material has given an NOI to export the material in accordance
with section 4.02; and
(b) the material has been collected and stored in
accordance with the law of the State or Territory in which it was collected;
and
(c) any health certificate required for the
material has been issued; and
(d) if another Commonwealth law requires the
exporter to hold a licence or authorisation (whatever it is called) for the
export, the exporter holds such a licence or authorisation; and
(e) the primary container in which the material
is packaged bears a trade description that clearly identifies the material; and
(f) a container that holds the primary container
or containers in which the material is packaged has been sealed and an official
mark declared under Part 13 of the Export Control
(Prescribed Goods — General) Order 2005 has been applied to the
seal;
the Secretary must grant an export permit for the material.
Note for paragraph (d) Under the Environment
Protection and Biodiversity Conservation Act 1999, a permit may be required
for the export of a specimen of an Australian native animal. ‘Specimen’ includes
reproductive material.
(2) An export permit:
(a) must be in a form approved by the Secretary;
and
(b) must state the date on which it was granted;
and
(c) must state the amount, kind and condition of
animal reproductive material authorised to be exported; and
(d) must specify the place to which the material
is authorised to be exported; and
(e) must specify the ship or flight on board
which the material is authorised to be exported; and
(f) must be signed by an authorised officer; and
(g) must bear the identity number of the
authorised officer who signed it; and
(h) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods —
General) Order 2005; and
(i) may contain any information required by the
country to which the material is to be exported.
(3) A health certificate and an export permit may be
combined in 1 document.
(4) It is a condition of an export permit that the
animal reproductive material to which it applies must leave Australia within 72
hours after the permit is granted, unless the Secretary approves otherwise.
(5) An export permit may be subject to such other
conditions as the Secretary thinks fit.
Part 4A Accreditation
of veterinarians for live‑stock export
4A.01 Definitions
In this Part:
serious offence has the same meaning as it
has in the Export Control (Prescribed Goods — General) Orders 2005.
veterinarian means a person who is registered
under the law of a State or Territory as a veterinarian, veterinary
practitioner or veterinary surgeon.
4A.02 Accredited veterinarians
For section 9B of the Act, a veterinarian is an
accredited veterinarian for a State or Territory if he or she has been given a
notice of accreditation for the State or Territory, by the Secretary, for the
purposes of this section.
4A.03 Certain veterinarians taken to be accredited
For section 9B of the Act, a veterinarian whose
name is, at the commencement of this Part, on the list of accredited
veterinarians held by AQIS, is taken to be an accredited veterinarian for 6
months after that commencement.
4A.04 Application for accreditation
(1) A person must have successfully completed the
training programs known as the ‘Initial Accreditation Training Program of the
Accreditation Training Program for Australian Veterinarians’ and the ‘AQIS
Accredited Veterinarian Program’ before he or she applies for accreditation as
a veterinarian.
Note 1 For information about how to
undertake the Initial Accreditation Training Program of the Accreditation
Training Program for Australian Veterinarians, email Animal Health Australia at
trainingsupport@animalhealthaustralia.com.au.
Note 2 For information about how to
undertake the AQIS Accredited Veterinarian Program, email AQIS at
animalexp@aqis.gov.au.
(2) Subject to section
4A.13, an application for accreditation must be made to the Secretary in the
approved form and must set out:
(a) the applicant’s name;
(b) the applicant’s address;
(c) the applicant’s date of birth;
(d) contact details for the applicant (including,
at least, a contact phone number and, if available, a facsimile number and
email address);
(e) whether the applicant seeks accreditation to
provide pre‑export preparation services, shipboard services, or both in
relation to approved export programs;
(f) the States and Territories for which the
applicant seeks accreditation;
(g) if the veterinarian has applied for
accreditation for pre‑export preparation services — proof of
registration as a veterinarian in each State and Territory for which the
applicant wishes to be accredited;
(h) if the veterinarian has applied for
shipboard accreditation — a declaration that the applicant is an
Australian citizen and proof of registration as a veterinarian in Australia.
4A.05 Period of accreditation
Accreditation of a veterinarian is for 1 year from
the date of the notice of accreditation unless the accreditation is earlier
withdrawn at the request of the veterinarian or revoked.
4A.06 Type of accreditation
(1) If a person applies
for accreditation as mentioned in section 4A.04, the Secretary may accredit a
veterinarian:
(a) to provide pre‑export preparation
services under approved export programs; or
(b) to provide shipboard services under approved
export programs; or
(c) to provide both services.
(2) The Secretary may accredit a veterinarian subject to
one or more conditions including conditions specifying the frequency and
intensity of audit.
(3) The Secretary may, by 7 days written notice, add,
vary or remove conditions of the accreditation of a veterinarian if such action
is reasonable in the circumstances.
4A.07 Decision to accredit
(1) The Secretary may
accredit a veterinarian if the veterinarian has satisfactorily completed the following
2 training programs:
(a) Initial Accreditation Training Program of
the Accreditation Training Program for Australian Veterinarians;
(b) AQIS Accredited Veterinarian Program;
and has met all other requirements in relation to an application
for accreditation.
(2) The Secretary may
publish a list of accredited veterinarians from time to time.
Note A list is available at http://www.aqis.gov.au/accreditedveterinarians.
4A.08 Variation
of accreditation
An accredited veterinarian may apply to the
Secretary for the accreditation to be varied by giving the Secretary any
further information that would be required in an initial application for the
accreditation as so varied.
4A.09 Other
conditions of accreditation
(1) The Secretary may, by notice in writing given to
an accredited veterinarian, require the veterinarian to undertake specified
further training if it is likely to improve veterinarian services to approved
export programs.
(2) It is a condition of the veterinarian’s
accreditation that he or she successfully completes the training.
(3) It is a condition of
a veterinarian’s accreditation that the veterinarian comply with the activities
he or she is required to undertake in relation to all approved export programs
for which the veterinarian is the accredited veterinarian.
4A.10 Revocation
and suspension of accreditation
(1) The grounds for suspension or revocation of the
accreditation of a person as an accredited veterinarian are that he or she:
(a) has provided false or misleading information
in his or her application for accreditation; or
(b) has ceased to be registered as a veterinarian
in the State or Territory for which the veterinarian is accredited; or
(c) has failed to comply with a condition of his
or her accreditation; or
(d) has failed to comply with a direction under
subsection 9E (2) of the Export Control Act 1982 to remedy a
deficiency in relation to an approved export program; or
(e) has been convicted of a serious offence of a
kind that diminishes the confidence the Secretary could place in the person as
an accredited veterinarian; or
(f) has failed to keep records in compliance
with section 4A.14; or
(g) has failed to make reports on voyages in
compliance with section 4A.15.
(2) Subject to section 4A.11, if:
(a) the Secretary has reasonable grounds for
believing that any of the grounds set out in subsection (1) apply to an
accredited veterinarian; and
(b) the Secretary considers the grounds justify
taking action to suspend or revoke the accreditation of the veterinarian;
the Secretary must, before taking action, give a written notice to
the veterinarian directing him or her to show cause why his or her
accreditation should not be revoked or suspended.
(3) The notice under subsection (2) must set out:
(a) whether the Secretary is proposing to revoke
or suspend the accreditation of the veterinarian; and
(b) the period in which the veterinarian has to
respond to the Secretary’s request under subsection (2) and a statement that if
the Secretary does not receive a response within that period, the suspension or
revocation will take effect on the date specified in the notice; and
(c) the date that the suspension or
revocation will come into effect if the Secretary does not receive a response
as mentioned in paragraph (b); and
(d) if the Secretary is proposing to suspend the
accreditation, the proposed period of suspension; and
(e) the grounds on which the Secretary proposes
to take the action; and
(f) a statement of the veterinarian’s rights
under section 6.03.
(4) If, at the end of the period referred to in
paragraph (3) (b), the veterinarian has not responded to the Secretary’s
request, the suspension or revocation takes effect as specified in the notice.
(5) If, before the end of the period referred to in
paragraph (3) (b), the veterinarian responds to the Secretary’s request,
the Secretary must consider the response in making his or her decision to
suspend or revoke the veterinarian’s accreditation.
(6) If the Secretary decides, after considering the
response, to proceed with the suspension or revocation, the Secretary must give
the veterinarian a further notice that sets out:
(a) that the accreditation of the veterinarian
is revoked or suspended, as the case may be; and
(b) the date that the suspension or
revocation comes into effect; and
(c) if the accreditation is suspended, the
period of suspension; and
(d) the grounds for the action; and
(e) a statement of the veterinarian’s rights
under section 6.03.
(7) The suspension or revocation has effect at the date
specified in the notice under subsection (6).
(8) The Secretary may revoke a suspension of
accreditation, at any time, by written notice given to the person concerned.
4A.11 Immediate
suspension of accreditation in some circumstances
(1) If:
(a) the Secretary has reasonable grounds for believing
that there are urgent grounds for suspending the accreditation of a person as
an accredited veterinarian; and
(b) the Secretary considers the grounds justify
taking urgent action under this section to suspend the accreditation of the
veterinarian;
the Secretary must, before suspending the accreditation, give a
written notice to the veterinarian that sets out:
(c) that the accreditation of the veterinarian
is suspended; and
(d) the date that the suspension will come
into effect; and
(e) the period of suspension; and
(f) the Secretary’s grounds for the suspension;
and
(g) a statement of the veterinarian’s rights
under section 6.03.
(2) The suspension has effect from the date specified in
the notice.
(3) The Secretary may revoke a suspension of accreditation,
at any time, by written notice given to the person concerned.
(4) In this section, urgent
grounds, in relation to an accredited veterinarian mean:
(a) any of the grounds set out in paragraphs
4A.10 (1) (a), (b) or (e) in relation to the veterinarian; or
(b) that the
veterinarian is:
(i) failing to keep records or make
reports in accordance with paragraph 4A.10 (1) (f) or (g); or
(ii) failing to comply with the
condition of accreditation set out in subsection
4A.09 (3), being a failure to comply with an approved export
program;
and the veterinarian has previously failed
to keep such records, make such reports or comply with such conditions.
4A.12 Effect of suspension
(1) A veterinarian is taken not to be accredited during
any period that accreditation is suspended.
(2) The accreditation of a veterinarian cannot be
renewed while the accreditation is suspended.
(3) A suspension:
(a) remains in force for such period (not longer
than 28 days) as is specified in the notice; and
(b) cannot be extended.
4A.13 Reinstatement after revocation
(1) A veterinarian whose accreditation has been revoked
may apply for accreditation only with the written permission of the Secretary.
(2) The Secretary may permit a veterinarian whose
accreditation has been revoked to reapply for accreditation if the Secretary
considers that the veterinarian is likely to comply with this Order if
accredited.
4A.14 Accredited veterinarians to keep certain
records
(1) The accredited veterinarian nominated by an
exporter to undertake an approved export program must keep records of the
following in relation to the program:
(a) if the veterinarian administers or
supervises any veterinary examination or treatment, or testing, of the live‑stock
to be exported:
(i) what the examination, treatment or
testing was; and
(ii) the date on which, and the place
at which, it was administered or supervised;
(b) in relation to a treatment involving the
administration of a drug or product:
(i) the name of the active constituent
in the drug or product; and
(ii) the dosage of the drug or product
given to the live‑stock;
(c) the results of any testing undertaken;
(d) pre‑export quarantine or isolation of
the live‑stock, including the length and conditions of the quarantine or
isolation;
(e) sufficient information to identify (either
generally or specifically, as required by the relevant importing country
protocol) the live‑stock examined, treated, tested, or subjected to pre‑export
quarantine or isolation.
Note Failure to keep such a record is an
offence — see the Act, subsection 9G (1).
(2) The accredited veterinarian must also keep the
invoice received upon purchase for a drug or product administered to the live‑stock.
(3) The accreditation of a veterinarian is subject to
the following conditions:
(a) that he or she must keep copies of all
documents given to him or her in connection with a consignment of live‑stock
for at least 2 years after the consignment leaves the premises at which they
are held and assembled for export;
(b) that if the Secretary so requests in writing,
he or she must produce to the Secretary any document referred to in paragraph
(a), and specified or described in the request, within 14 days of the request,
or such lesser period as the Secretary may specify.
4A.15 Reports
by accredited veterinarians on voyages
(1) If the accredited veterinarian nominated by an
exporter to undertake an approved export program travels with the live‑stock
on the export voyage, the veterinarian must make a written report to the Secretary,
in the form approved by the Secretary for the purpose.
Note Failure to make such a report is an
offence — see the Act, subsection 9G (1).
(2) The veterinarian must make the report daily unless
the Secretary directs the veterinarian in writing otherwise.
(3) The approved form may require information about the
following matters:
(a) the temperature on board the vessel;
(b) the humidity on board the vessel;
(c) the wet bulb readings;
(d) the deck or cargo hold conditions;
(e) the general conditions;
(f) the respiratory rate and character of the
live‑stock;
(g) whether and to what extent the live‑stock
show heat stress;
(h) the feed and water consumption of the live‑stock;
(i) a hospital pen report;
(j) mortality rates;
(k) number of live‑stock that gave birth
and estimated stage of pregnancy at time of giving birth for each birth;
(l) any other relevant matter.
(4) Within 5 working days after the end of the voyage,
the veterinarian must make a written report to the Secretary, in the form approved
by the Secretary for the purpose, setting out:
(a) the name of the exporter; and
(b) the month and year in which the loading of
the live‑stock was completed; and
(c) the port or ports at which the loading took
place; and
(d) the port or ports at which the live‑stock
were discharged; and
(e) the month and year in which the live‑stock
were discharged at each port; and
(f) the duration of the voyage; and
(g) the type or types of live‑stock; and
(h) the number of each type of live‑stock
loaded; and
(i) the total mortality for each type of live‑stock;
and
(j) the percentage mortality for each type of
live‑stock; and
(k) the health and welfare of the live‑stock
on the voyage; and
(l) number of live‑stock that gave birth
and summary information in relation to the estimated stage of pregnancy at the
time of birth for those births; and
(m) any treatment given to the live‑stock
during the voyage; and
(n) anything else relevant to the live‑stock
during the voyage.
Note Failure to make such a report is an
offence — see the Act, subsection 9G (1).
Part 5 Audit
5.01 Definition
In this Part:
export instrument means an approved NOI and
CRMP, a permission to leave for loading or an export permit.
5.02 Purpose of audit
The purpose of an audit is to establish whether
the requirements of the Act, this Order, the AMLI Act, or an approved export
program, or the conditions of accreditation of a veterinarian, of registration
of premises or of an export instrument are being complied with by:
(a) the operator of registered premises; or
(b) an exporter of animals or animal reproductive
material; or
(c) an accredited veterinarian.
5.03 Audit frequency and intensity
(1) The operator of registered premises may ask for an
audit of the premises in addition to the audit program set out in the
conditions of registration of the premises.
Note The Secretary may impose a condition
on the registration of premises regarding the frequency and intensity of audit.
(2) An exporter may ask for an audit of the exporter’s
premises.
(3) An accredited veterinarian may ask for an audit in
addition to the audit program set out in the conditions of his or her
accreditation.
Note The Secretary may impose a condition
on the accreditation of a veterinarian regarding the intensity and frequency of
audit.
5.04 Who is to carry out audits
An audit must be carried out by an authorised
officer.
5.05 Operator
etc to provide assistance
(1) An operator of registered premises, accredited
veterinarian or exporter being audited must provide such assistance to an
auditor as is reasonably necessary to enable the auditor to perform the audit.
(2) Without limiting subsection (1), the operator,
veterinarian or exporter must:
(a) provide information to the auditor on
request (including provide explanations and make documents and translations
available) and operate equipment; and
(b) allow an auditor to:
(i) observe and interview employees,
agents or contractors of the operator, veterinarian or exporter; and
(ii) observe procedures; and
(iii) use equipment for the purpose of
accessing, examining, testing, sampling, recording or reproducing any document
or other thing; and
(iv) bring onto the premises equipment
for a purpose referred to in subparagraph (iii).
5.06 Immediate notification of failures
(1) If an authorised officer, after auditing registered
premises, an accredited veterinarian or an exporter, considers that there has
been a failure to comply with a requirement of the Act or this Order, the AMLI
Act, a condition of registration or accreditation or of an export instrument,
the officer must tell the operator of the premises, the veterinarian or the
exporter of the failure immediately after completing the audit.
(2) The authorised officer may tell the operator,
veterinarian or exporter orally.
5.07 Audit reports
(1) The authorised officer who carried out an audit must
make a written report of the audit.
(2) The report must include the following information:
(a) the name of the officer;
(b) the date the audit commenced, the date it
ended and the duration of the audit;
(c) the name of the registered premises,
accredited veterinarian or exporter audited;
(d) the nature and scope of the audit, including
the activities audited.
(3) The report must state:
(a) whether the audit was satisfactorily
completed or was terminated before it was completed; and
(b) whether the officer considers that the
requirements of the Act and this Order, and the conditions of registration or
accreditation, as the case requires, and of any applicable export instrument,
have been complied with; and
(c) the reasons for the officer’s opinion.
(4) The report must:
(a) describe any failure to comply with the
requirements of the Act or this Order, or a condition of registration or
accreditation, as the case requires, or of any applicable export instrument,
discovered by the officer; and
(b) set out the officer’s recommendations for
corrective action.
(5) Within 14 days after the authorised officer
completes the audit, the officer must give copies of the report to:
(a) the Secretary; and
(b) the operator of registered premises, or the
veterinarian or exporter, audited.
Part 6 Miscellaneous
6.01 Use
of official marks
Part 13 of the Export
Control (Prescribed Goods — General) Order 2005 applies in relation
to live animals and animal reproductive material.
Note Part 13 of
the Export Control (Prescribed Goods — General) Order 2005
declares certain marks and seals to be official marks for the purposes of the
Act, and makes provision for their use.
6.02 Samples
Part 14 of the Export
Control (Prescribed Goods — General) Order 2005 applies in
relation to live animals and animal reproductive material.
Note Samples are required to be tagged,
labelled or marked in a manner which allows them to be identified, held under
conditions that will not affect the result of analysis and kept in the custody
of an authorised officer until they are dispatched to an approved analyst.
6.03 Reconsideration
and review of decisions
Part 16 of the Export
Control (Prescribed Goods — General) Order 2005 applies to a
decision of the Secretary or an authorised officer under this Order.
Note Part 16 of
the Export Control (Prescribed Goods — General) Order 2005 provides
that a person whose interests are affected by a decision made by the Secretary
or a delegate of the Secretary may apply to the Secretary for reconsideration
of the decision. The person is entitled to apply to the Administrative Appeals
Tribunal for review of the Secretary’s decision.
Part 7 Transitional
7.01 Transitional
arrangements in relation to exports
(1) This section applies to an export of live‑stock,
a live animal (within the meaning given by Part 3) or animal reproductive
material for which a notice of intention to export was given to the Secretary
before 1 December 2004.
(2) If the live‑stock, animal or material is
exported before 1 January 2005, the Orders revoked by section 1.03 are taken to
continue to apply to the export despite their revocation.
(3) If the live‑stock, animal or material is not
exported before 1 January 2005, and the Secretary is satisfied that there are
exceptional circumstances, the Secretary may direct that those Orders are taken
to continue to apply to the export, despite their revocation, until 31 January
2005.
7.02 Transitional
arrangements in relation to registered premises
(1) This section has effect in relation to premises that
were registered under the Orders revoked by section 1.03.
(2) The premises are taken to be registered premises
until the day that their registration would otherwise have expired if, on or
before 1 January 2005, the operator gives the Secretary an operations manual
for the premises that complies with section 2.05.