Australian Meat and Livestock Industry Export Licensing Regulations 1998 Export Control Animals Order 2004

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4.5 Australian Meat and Livestock Industry Export Licensing Regulations 1998

The Regulations exist as subordinate legislation under the Australian Meat and Livestock Industry Act 1997 and set out the requirements that an exporter must meet in order to obtain an export licence.

4.6 Export Control Animals Order 2004

The Export Control Animals Order 2004 – the Animals Order - exists as subordinate legislation under the Export Control Act 1982. The Animals Order provides the regulatory control for export of live animals and animal reproductive material. Earlier descriptions of the live export chain and the processes which must be adhered to for export to occur, are outlined in the Animals Order. Part 2 of the Animals Order relates to export of livestock by sea and there are specific divisions of the Animals Order that deal with topics of direct relevance to this review:  Division 2.2 outlines the requirements for registration of premises for holding and assembling livestock for export.  Division 2.4 outlines the Notice of Intent NOI to export and related matters including the CRMP and ESCAS requirements.  Division 2.5 relates to inspection of livestock before export and grant of export permit Part 4A of the Animal Orders relate to accreditation of veterinarians for livestock export and Part 5 to auditing processes. There are some specific sections of Division 2.5 that are worthy of note. Part 2, Division 2.5, Section 2.53 Health Certificates 1 A health certificate in relation to livestock is a certificate, issued by an authorised officer, that the livestock meet the requirements of a specified importing country relating to the health of the livestock. 2 Before issuing a health certificate for livestock, an authorised officer: a must inspect the livestock before they leave the registered premises at which they are held and assembled for export Section 2.54 outlines requirements for granting of permission to leave for loading. Amongst other things it states the following. Page 33 of 136 Part 2, Division 2, Section 2.54 Grant of permission to leave for loading 3 If an authorised officer is satisfied that: … g each of the livestock is fit to undertake the proposed export voyage without any significant impairment of its health … 3B For paragraph 3 g, an authorised officer may be satisfied livestock are fit to undertake a proposed export voyage without needing to be assured of the fitness of every animal in a herd. 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 numbers, 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.

4.7 Independent Reference Group reviews