Commonwealth Numbered Regulations - Explanatory Statements

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MEAT AND LIVE-STOCK INDUSTRY (CONDITIONS OF EXPORT) REGULATIONS 1995 NO. 204

EXPLANATORY STATEMENT

Statutory Rules 1995 No. 204

Issued by the Authority of the Minister for Primary Industries and Energy

Meat and Live-stock Industry Act 1995

Meat and Live-stock Industry (Conditions of Export) Regulations

Subsection 226(1) of the Meat and Live-stock Industry Act 1995 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

The purpose of the Act is to provide for the establishment of the Meat Industry Council (MIC), its functions, powers, membership and related matters. It is also to clearly define the new relationship between the Australian Meat and Live-stock Corporation (AMLC), the Meat Research Corporation (MRC), the Meat Industry Council and a meat industry selection committee (which will be activated as necessary), and to confine the roles of AMLC and MRC to program delivery. In general, the Meat Industry Council will be responsible for developing strategic industry policy, which will then provide the framework under which AMLC and MRC will develop their corporate and operational plans.

The Act forms the major component of the Meat and Live-stock Industry Review package, a legislative package which is to establish industry arrangements intended to. give the industry a greater role and responsibility in deciding its own affairs and move it to a less regulated environment. The Act is transitional and eventually the three statutory industry authorities covered by it will revert to a nonstatutory status, but having provided a framework within which the industry can, effectively operate over the longer term. It will also enable industry to identify its problems and devise commercial responses to them, while ensuring an industry-wide commitment to, and consensus in, this process.

An important role of AMLC continued under the Act is AMLC's control over the export of meat and livestock from Australia. These export control powers, which are provided for under Part 3 of the Act, relate to the licensing of meat and livestock exporters, the maintenance of quality and animal welfare standards, and the management of conditions or restraints imposed on Australian exports by importing countries. The licensing system is integral to this and relies upon provisions that essentially carry on those within Division 2 of the Australian Meat and Live-stock Corporation Act 1977 (which is to be repealed from 1 July 1995).

The purpose of the proposed regulations is to prescribe administrative matters to ensure the smooth operation of the licensing system which AMLC controls.

Details of the regulations are set out as follows:

Regulation 1 - Citation

This regulation provides for the Regulations to be called the Meat and Live-stock (Conditions of Export) Industry Regulations.

Regulation 2 - Commencement

This regulation provides for the Regulations to commence at the same time as the principal Act on 1 July 1995.

Regulation 3 - Interpretation

This regulation provides various definitions that will assist in the interpretation of the Regulations.

Regulation 4 - Meat unfit for human consumption

This regulation prescribes the types of meat unfit for human consumption for the purposes of Part 3 of the Act.

Regulation 5 - Application for export licence

This regulation prescribes information to be included in application for meat export licence or live-stock export licence.

Regulation 6 - Documents to accompany application for export licence

This regulation prescribes the documents which are to accompany an application of a meat export licence or live-stock export licence.

Regulation 7 - Application for renewal of export licence

This regulation prescribes information and matters to be included in application for renewal of export licence.

Regulation 8 - Documents to accompany application for renewal of export licence

This regulation prescribes the documents which are to accompany an application for renewal of a meat export licence or live-stock export licence.

Regulation 9 - Licence subject to condition that holder inform AMLC of certain events

This regulation prescribes a number of events which a licence holder must advise AMLC of and 30 days from the event as the time limit in which advice must be given by the licence holder to AMLC.

Regulation 10 - Matters to which AMLC must have regard in granting a licence

This regulation prescribes matters to be taken into account in determining integrity, competence and financial standing of an applicant for an export licence.

Regulation 11 - Matters to which AMLC must have regard in renewing a licence

This regulation prescribes matters to be taken into account in determining integrity, competence and financial standing of an applicant for a renewal of an export licence.

Regulation 12 - Manner in which samples are to be dealt with

This regulation prescribes the manner in which meat or live-stock, or samples of them, are to be dealt with.

Regulation 13 - Information for the purposes of subsection 153(3) of the Act

This regulation prescribes the name and address of a nominee is information that must be provided by a licence holder to AMLC in order for a licence holder to appoint a nominee.

Regulation 14 - Prescribed person for the purposes of subsection 158 (3) of the Act

This regulation prescribes AMLC's Managing Director as the person who decides what happens to seized items ordered forfeited by a court.

The regulations are to commence in conjunction with the Act on 1 July 1995.


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