Consultation Draft Export Control (Animals) Rules 2020

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Summary of feedback for the draft Animal Rules

Public consultation on the Consultation Draft Export Control (Animals) Rules 2020 (the draft Animals Rules) commenced on 15 July 2020 and closed on 21 August 2020.

The department held several information sessions with industry and staff during the consultation period. The department received 8 submissions on the draft Animals Rules.

The department received feedback on 8 key issues:

  • A lack of a definition or explanation about how animal welfare is to be measured.
  • Whether consideration periods for decision making are adequate.
  • Concern about grounds for administrative decision making, including the language of reasonable belief or satisfaction.
  • Scope of approved arrangements for the export of livestock.
  • Requirements for registered establishments were unnecessarily duplicative.
  • Concerns related to livestock export licence conditions for exports to Saudi Arabia.
  • Recommendation to clarify references to the Australian Standard for the Export of Livestock (ASEL) in the rules and the extent to which ASEL must be complied with.
  • Concern about the ability for the Secretary to give oral requests and directions.

The department has made some changes to the draft Animals Rules in response to the feedback.

Submissions that are not confidential will be made available on the Department’s website with a summary of issues raised and responses.

Background

The Australian Government is improving Australia’s agricultural export legislation as part of its wider initiative to strengthen agricultural exports and market access.

Australia’s new legislative framework for agricultural exports will commence on 28 March 2021. It comprises the:

  • Export Control Act 2020 which consolidates the export certificate provisions currently found in around 20 Acts and 40 legislative instruments
  • Export Control Rules 2020 which outline the operational requirements that agricultural exporters must meet to export specific commodities from Australia. The Rules will be based on the current orders and regulations for various commodities regulated under the Act and the Australian Meat and Live-stock Industry Act 1997.

The new legislation will:

  • make the laws will be more relevant, responsive and efficient
  • provide the same level of regulatory oversight
  • remove duplication
  • ensure consistency across commodities where possible.

These improvements will benefit exporters, farmers and other primary producers.

The new legislation will ensure:

  • exported goods meet the requirements of importing countries
  • government and relevant industry standards are complied with
  • goods are traceable throughout the export supply chain—from production and processing to exporting—where required
  • the integrity of goods, and the accuracy of applied trade descriptions and official marks, are maintained.

Extensive stakeholder consultation has informed the development of the Act and the Rules. This will ensure that the new legislation is clear and fit-for-purpose – supporting growth and innovation, while maintaining the standards our trading partners expect.

Refer to the Improving Agricultural Export Legislation webpage for:

  • details about our current and prior consultation activities to inform the development of the Rules
  • how you can register to receive updates on the improvements to agricultural export legislation.

Visit our website for more on why we're improving export legislation.

Summary of feedback for the draft Animal Rules

Public consultation on the Consultation Draft Export Control (Animals) Rules 2020 (the draft Animals Rules) commenced on 15 July 2020 and closed on 21 August 2020.

The department held several information sessions with industry and staff during the consultation period. The department received 8 submissions on the draft Animals Rules.

The department received feedback on 8 key issues:

  • A lack of a definition or explanation about how animal welfare is to be measured.
  • Whether consideration periods for decision making are adequate.
  • Concern about grounds for administrative decision making, including the language of reasonable belief or satisfaction.
  • Scope of approved arrangements for the export of livestock.
  • Requirements for registered establishments were unnecessarily duplicative.
  • Concerns related to livestock export licence conditions for exports to Saudi Arabia.
  • Recommendation to clarify references to the Australian Standard for the Export of Livestock (ASEL) in the rules and the extent to which ASEL must be complied with.
  • Concern about the ability for the Secretary to give oral requests and directions.

The department has made some changes to the draft Animals Rules in response to the feedback.

Submissions that are not confidential will be made available on the Department’s website with a summary of issues raised and responses.

Background

The Australian Government is improving Australia’s agricultural export legislation as part of its wider initiative to strengthen agricultural exports and market access.

Australia’s new legislative framework for agricultural exports will commence on 28 March 2021. It comprises the:

  • Export Control Act 2020 which consolidates the export certificate provisions currently found in around 20 Acts and 40 legislative instruments
  • Export Control Rules 2020 which outline the operational requirements that agricultural exporters must meet to export specific commodities from Australia. The Rules will be based on the current orders and regulations for various commodities regulated under the Act and the Australian Meat and Live-stock Industry Act 1997.

The new legislation will:

  • make the laws will be more relevant, responsive and efficient
  • provide the same level of regulatory oversight
  • remove duplication
  • ensure consistency across commodities where possible.

These improvements will benefit exporters, farmers and other primary producers.

The new legislation will ensure:

  • exported goods meet the requirements of importing countries
  • government and relevant industry standards are complied with
  • goods are traceable throughout the export supply chain—from production and processing to exporting—where required
  • the integrity of goods, and the accuracy of applied trade descriptions and official marks, are maintained.

Extensive stakeholder consultation has informed the development of the Act and the Rules. This will ensure that the new legislation is clear and fit-for-purpose – supporting growth and innovation, while maintaining the standards our trading partners expect.

Refer to the Improving Agricultural Export Legislation webpage for:

  • details about our current and prior consultation activities to inform the development of the Rules
  • how you can register to receive updates on the improvements to agricultural export legislation.

Visit our website for more on why we're improving export legislation.