Part 1
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Commonwealth legislation
This law sets mandatory conditions for exporting live animals and animal reproductive material from Australia, covering livestock, other live animals and reproductive material. It requires exporters and related facilities to hold approvals and follow welfare, quarantine and supply‑chain assurance measures — notably ESCAS — with extra seasonal and vessel protections for sheep exported to the Middle East.
It affects exporters, registered establishments, accredited vets and supply‑chain partners, enforces compliance through audits, suspensions, penalties and recordkeeping, and aims to protect animal welfare and Australia’s trade reputation.
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Direct links to the current provisions in Export Control (Animals) Rules 2021.
This instrument is the Export Control (Animals) Rules 2021.
This instrument is made under the Export Control Act 2020.
This instrument does not apply in relation to the export of live fish as food.
Note: The Export Control (Fish and Fish Products) Rules 2021 apply in relation to the export of live fish as food.
General
This instrument prescribes matters and makes other provision in relation to certain livestock (prescribed livestock), other live animals (prescribed live animals), and animal reproductive material (prescribed animal reproductive material) for the purposes of the Export Control Act 2020 (the Act).
Prescribed livestock, prescribed live animals or prescribed animal reproductive material must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed livestock, prescribed live animals or prescribed animal reproductive material are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of prescribed livestock, prescribed live animals and prescribed animal reproductive material, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export licences (including exporter supply chain assurance systems);
(f) export permits;
(g) notices of intention to export;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) accreditation of veterinarians;
(l) approved export programs;
(m) review of decisions;
(n) records;
(o) samples;
(p) damaged or destroyed live animals or animal reproductive material.
Structure of this instrument and Chapter numbering
This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 6—Export licences of the Act are included in Chapter 6—Livestock export licences of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Australian territory;
(d) authorised officer;
(e) export;
(f) export operations;
(g) prepare;
(h) Regulatory Powers Act.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
approved arrangement means an approved arrangement that covers a kind of export operations in relation to prescribed livestock.
approved ESCAS means a proposed ESCAS approved under paragraph 6‑37(1)(a).
assurance rules has the meaning given by paragraph 5‑11(1)(a).
assurance standards has the meaning given by paragraph 5‑11(1)(b).
Australian Standards for the Export of Livestock (or ASEL) means the document titled Australian Standards for the Export of Livestock published by the Department as it exists from time to time.
Note: The Australian Standards for the Export of Livestock could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).
class of livestock means:
(a) feeder livestock; or
(b) slaughter livestock; or
(c) livestock other than feeder livestock or slaughter livestock.
enclosed shed means a structure:
(a) that has an overhead cover but may or may not have walls or windows; and
(b) that is intended to enclose animals.
entity, when used in connection with exporter supply chain assurance operations, means:
(a) a facility in another country where operations in relation to a kind of feeder livestock or slaughter livestock are carried out; or
(b) an importer of that kind of livestock; or
(c) a person who exports that kind of livestock.
Note: Examples of facilities are feedlots and abattoirs.
ESCAS (short for exporter supply chain assurance system) has the meaning given by section 6‑34.
exporter supply chain assurance operations means export operations to assist exporters to comply with their obligations under Part 9 of Chapter 6 (exporter supply chain assurance systems) to ensure the humane treatment and handling of feeder livestock or slaughter livestock that are exported up until, and including, the point of slaughter, including:
(a) conducting audits in relation to entities; and
(b) giving assurances to the Secretary and exporters in relation to entities that meet certain standards for the control, traceability and welfare of feeder livestock or slaughter livestock.
Note: An audit referred to in paragraph (a) is not an audit under Part 1 of Chapter 9 of the Act.
feeder livestock means livestock that are exported alive and that are intended to be fattened before being slaughtered for food.
heat stress management plan, for a voyage by a vessel transporting sheep, means a document that contains detailed plans and actions to be implemented during the voyage to manage heat stress in relation to the sheep.
heat‑tolerant sheep breed means:
(a) Awassi; or
(b) Damara; or
(c) Dorper; or
(d) a breed of sheep (other than a Merino or a breed of sheep that is descended from a Merino) approved in writing by the Secretary.
holder of an approved export program means the exporter to whom the notice of approval of the program was given under subsection 9‑34(9).
independent qualified mechanical engineer means a person who:
(a) has relevant qualifications in relation to the operation of ventilation systems; and
(b) is not an employee of the holder of a livestock export licence or the Department; and
(c) is accredited by the National Association of Testing Authorities or an equivalent or similar organisation.
livestock means cattle, sheep, goats, deer, buffalo or camelids, and includes the young of any of those animals.
livestock export licence:
(a) means an export licence to carry out export operations in relation to prescribed livestock; and
(b) includes an export licence of that kind that has been renewed.
OIE recommendations means the recommendations and standards set out in section 7 of the Terrestrial Animal Health Code published by the Office International des Epizooties (also known as the World Organisation for Animal Health) as existing from time to time.
Note: The Terrestrial Animal Health Code could in 2021 be viewed on the website of the World Organisation for Animal Health (http://www.oie.int).
pen air turnover for a deck of a vessel means the ventilation rate measured in cubic metres per hour for each square metre of pen space on the deck, calculated using an industry standard, or equivalent, method.
prescribed animal reproductive material means animal reproductive material that is prescribed goods under paragraph 2‑1(1)(c).
prescribed live animals means live animals that are prescribed goods under paragraph 2‑1(1)(b).
Note: Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).
prescribed livestock means livestock that are prescribed goods under paragraph 2‑1(1)(a).
property identification code, for a property or a part of a property (however described), means the identification code allocated to the property or part by the body responsible for stock identification in the State or Territory where the property is located.
radio frequency identification means a functioning radio tracking device that is inserted into an animal or forms part of an ear tag.
registered, in relation to an establishment, means registered under Chapter 4 of the Act.
registered establishment means an establishment that is registered for operations to prepare prescribed livestock for export.
relevant importing country authority, for prescribed livestock, prescribed live animals or prescribed animal reproductive material, means the authority or body that is responsible for regulating the importation of prescribed livestock, prescribed live animals or prescribed animal reproductive material into that country from Australian territory.
sheep export licence means a livestock export licence to carry out export operations in relation to sheep.
slaughter livestock means livestock that are exported alive and that are intended to be slaughtered for food (without being fattened).
verified pen air turnover for a deck of a vessel means the pen air turnover for the deck, as verified by an independent mechanical engineer using an industry standard, or equivalent, method.
veterinarian means a person who is registered under the law of a State or Territory as a veterinarian, a veterinary practitioner or a veterinary surgeon.
Chapter 2—Exporting goods
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Export Control (Animals) Rules 2021.
This instrument is made under the Export Control Act 2020.
This instrument does not apply in relation to the export of live fish as food.
Note: The Export Control (Fish and Fish Products) Rules 2021 apply in relation to the export of live fish as food.
General
This instrument prescribes matters and makes other provision in relation to certain livestock (prescribed livestock), other live animals (prescribed live animals), and animal reproductive material (prescribed animal reproductive material) for the purposes of the Export Control Act 2020 (the Act).
Prescribed livestock, prescribed live animals or prescribed animal reproductive material must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed livestock, prescribed live animals or prescribed animal reproductive material are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of prescribed livestock, prescribed live animals and prescribed animal reproductive material, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export licences (including exporter supply chain assurance systems);
(f) export permits;
(g) notices of intention to export;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) accreditation of veterinarians;
(l) approved export programs;
(m) review of decisions;
(n) records;
(o) samples;
(p) damaged or destroyed live animals or animal reproductive material.
Structure of this instrument and Chapter numbering
This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 6—Export licences of the Act are included in Chapter 6—Livestock export licences of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Australian territory;
(d) authorised officer;
(e) export;
(f) export operations;
(g) prepare;
(h) Regulatory Powers Act.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
approved arrangement means an approved arrangement that covers a kind of export operations in relation to prescribed livestock.
approved ESCAS means a proposed ESCAS approved under paragraph 6‑37(1)(a).
assurance rules has the meaning given by paragraph 5‑11(1)(a).
assurance standards has the meaning given by paragraph 5‑11(1)(b).
Australian Standards for the Export of Livestock (or ASEL) means the document titled Australian Standards for the Export of Livestock published by the Department as it exists from time to time.
Note: The Australian Standards for the Export of Livestock could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).
class of livestock means:
(a) feeder livestock; or
(b) slaughter livestock; or
(c) livestock other than feeder livestock or slaughter livestock.
enclosed shed means a structure:
(a) that has an overhead cover but may or may not have walls or windows; and
(b) that is intended to enclose animals.
entity, when used in connection with exporter supply chain assurance operations, means:
(a) a facility in another country where operations in relation to a kind of feeder livestock or slaughter livestock are carried out; or
(b) an importer of that kind of livestock; or
(c) a person who exports that kind of livestock.
Note: Examples of facilities are feedlots and abattoirs.
ESCAS (short for exporter supply chain assurance system) has the meaning given by section 6‑34.
exporter supply chain assurance operations means export operations to assist exporters to comply with their obligations under Part 9 of Chapter 6 (exporter supply chain assurance systems) to ensure the humane treatment and handling of feeder livestock or slaughter livestock that are exported up until, and including, the point of slaughter, including:
(a) conducting audits in relation to entities; and
(b) giving assurances to the Secretary and exporters in relation to entities that meet certain standards for the control, traceability and welfare of feeder livestock or slaughter livestock.
Note: An audit referred to in paragraph (a) is not an audit under Part 1 of Chapter 9 of the Act.
feeder livestock means livestock that are exported alive and that are intended to be fattened before being slaughtered for food.
heat stress management plan, for a voyage by a vessel transporting sheep, means a document that contains detailed plans and actions to be implemented during the voyage to manage heat stress in relation to the sheep.
heat‑tolerant sheep breed means:
(a) Awassi; or
(b) Damara; or
(c) Dorper; or
(d) a breed of sheep (other than a Merino or a breed of sheep that is descended from a Merino) approved in writing by the Secretary.
holder of an approved export program means the exporter to whom the notice of approval of the program was given under subsection 9‑34(9).
independent qualified mechanical engineer means a person who:
(a) has relevant qualifications in relation to the operation of ventilation systems; and
(b) is not an employee of the holder of a livestock export licence or the Department; and
(c) is accredited by the National Association of Testing Authorities or an equivalent or similar organisation.
livestock means cattle, sheep, goats, deer, buffalo or camelids, and includes the young of any of those animals.
livestock export licence:
(a) means an export licence to carry out export operations in relation to prescribed livestock; and
(b) includes an export licence of that kind that has been renewed.
OIE recommendations means the recommendations and standards set out in section 7 of the Terrestrial Animal Health Code published by the Office International des Epizooties (also known as the World Organisation for Animal Health) as existing from time to time.
Note: The Terrestrial Animal Health Code could in 2021 be viewed on the website of the World Organisation for Animal Health (http://www.oie.int).
pen air turnover for a deck of a vessel means the ventilation rate measured in cubic metres per hour for each square metre of pen space on the deck, calculated using an industry standard, or equivalent, method.
prescribed animal reproductive material means animal reproductive material that is prescribed goods under paragraph 2‑1(1)(c).
prescribed live animals means live animals that are prescribed goods under paragraph 2‑1(1)(b).
Note: Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).
prescribed livestock means livestock that are prescribed goods under paragraph 2‑1(1)(a).
property identification code, for a property or a part of a property (however described), means the identification code allocated to the property or part by the body responsible for stock identification in the State or Territory where the property is located.
radio frequency identification means a functioning radio tracking device that is inserted into an animal or forms part of an ear tag.
registered, in relation to an establishment, means registered under Chapter 4 of the Act.
registered establishment means an establishment that is registered for operations to prepare prescribed livestock for export.
relevant importing country authority, for prescribed livestock, prescribed live animals or prescribed animal reproductive material, means the authority or body that is responsible for regulating the importation of prescribed livestock, prescribed live animals or prescribed animal reproductive material into that country from Australian territory.
sheep export licence means a livestock export licence to carry out export operations in relation to sheep.
slaughter livestock means livestock that are exported alive and that are intended to be slaughtered for food (without being fattened).
verified pen air turnover for a deck of a vessel means the pen air turnover for the deck, as verified by an independent mechanical engineer using an industry standard, or equivalent, method.
veterinarian means a person who is registered under the law of a State or Territory as a veterinarian, a veterinary practitioner or a veterinary surgeon.
Chapter 2—Exporting goods
Chapter 1—Preliminary
This instrument is the Export Control (Animals) Rules 2021.
This instrument is made under the Export Control Act 2020.
This instrument does not apply in relation to the export of live fish as food.
Note: The Export Control (Fish and Fish Products) Rules 2021 apply in relation to the export of live fish as food.
General
This instrument prescribes matters and makes other provision in relation to certain livestock (prescribed livestock), other live animals (prescribed live animals), and animal reproductive material (prescribed animal reproductive material) for the purposes of the Export Control Act 2020 (the Act).
Prescribed livestock, prescribed live animals or prescribed animal reproductive material must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed livestock, prescribed live animals or prescribed animal reproductive material are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of prescribed livestock, prescribed live animals and prescribed animal reproductive material, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export licences (including exporter supply chain assurance systems);
(f) export permits;
(g) notices of intention to export;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) accreditation of veterinarians;
(l) approved export programs;
(m) review of decisions;
(n) records;
(o) samples;
(p) damaged or destroyed live animals or animal reproductive material.
Structure of this instrument and Chapter numbering
This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 6—Export licences of the Act are included in Chapter 6—Livestock export licences of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Australian territory;
(d) authorised officer;
(e) export;
(f) export operations;
(g) prepare;
(h) Regulatory Powers Act.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
approved arrangement means an approved arrangement that covers a kind of export operations in relation to prescribed livestock.
approved ESCAS means a proposed ESCAS approved under paragraph 6‑37(1)(a).
assurance rules has the meaning given by paragraph 5‑11(1)(a).
assurance standards has the meaning given by paragraph 5‑11(1)(b).
Australian Standards for the Export of Livestock (or ASEL) means the document titled Australian Standards for the Export of Livestock published by the Department as it exists from time to time.
Note: The Australian Standards for the Export of Livestock could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).
class of livestock means:
(a) feeder livestock; or
(b) slaughter livestock; or
(c) livestock other than feeder livestock or slaughter livestock.
enclosed shed means a structure:
(a) that has an overhead cover but may or may not have walls or windows; and
(b) that is intended to enclose animals.
entity, when used in connection with exporter supply chain assurance operations, means:
(a) a facility in another country where operations in relation to a kind of feeder livestock or slaughter livestock are carried out; or
(b) an importer of that kind of livestock; or
(c) a person who exports that kind of livestock.
Note: Examples of facilities are feedlots and abattoirs.
ESCAS (short for exporter supply chain assurance system) has the meaning given by section 6‑34.
exporter supply chain assurance operations means export operations to assist exporters to comply with their obligations under Part 9 of Chapter 6 (exporter supply chain assurance systems) to ensure the humane treatment and handling of feeder livestock or slaughter livestock that are exported up until, and including, the point of slaughter, including:
(a) conducting audits in relation to entities; and
(b) giving assurances to the Secretary and exporters in relation to entities that meet certain standards for the control, traceability and welfare of feeder livestock or slaughter livestock.
Note: An audit referred to in paragraph (a) is not an audit under Part 1 of Chapter 9 of the Act.
feeder livestock means livestock that are exported alive and that are intended to be fattened before being slaughtered for food.
heat stress management plan, for a voyage by a vessel transporting sheep, means a document that contains detailed plans and actions to be implemented during the voyage to manage heat stress in relation to the sheep.
heat‑tolerant sheep breed means:
(a) Awassi; or
(b) Damara; or
(c) Dorper; or
(d) a breed of sheep (other than a Merino or a breed of sheep that is descended from a Merino) approved in writing by the Secretary.
holder of an approved export program means the exporter to whom the notice of approval of the program was given under subsection 9‑34(9).
independent qualified mechanical engineer means a person who:
(a) has relevant qualifications in relation to the operation of ventilation systems; and
(b) is not an employee of the hol
This is an opening excerpt, not the complete document.