7‑1 Other matters to which Secretary may7‑1 Other matters to which Secretary may have regard in relation to application for export permit

7‑1 Other matters to which Secretary may have regard in relation to application for export permit

(1) For the purposes of paragraph 225(2)(c) of the Act, this section prescribes other requirements to which the Secretary may have regard in relation to an application for an export permit for prescribed livestock, prescribed live animals or prescribed animal reproductive material. Requirements in relation to prescribed livestock (2) The following requirements are prescribed in relation to an application for an export permit for prescribed livestock: (a) a notice of intention to export a consignment including the livestock has been approved under paragraph 8‑6(2)(a) and the approval is currently in force; (b) the exporter holds a livestock export licence covering the livestock, the licence is in force and not suspended, and the exporter has complied with, or is in a position to comply with, the conditions of the licence; (c) if a government certificate in relation to the livestock is required to meet importing country requirements: (i) the exporter holds a government certificate in relation to the livestock and the government certificate is in force; and (ii) there has been no change to any relevant circumstances since the livestock were assessed for the purposes of deciding whether to issue the government certificate; (d) operations to prepare the livestock for export have been carried out in accordance with: (i) the exporter’s approved arrangement including the conditions of the approved arrangement; or (ii) the exporter’s operations and governance manual required under subsection 6‑1(4) (if the exporter is required to prepare the livestock for export in accordance with that manual); (e) an accredited veterinarian has carried out all required export operations in the approved export program held by the exporter that applies in relation to the livestock; (f) if the exporter is required to hold an authorisation (however described) to export the livestock under another Commonwealth law—the exporter holds that authorisation; (g) export operations in relation to the livestock have been, and will continue to be, carried out in accordance with the Australian Standards for the Export of Livestock; (h) if the livestock are feeder livestock or slaughter livestock—the exporter has complied with, or is in a position to comply with, each approved ESCAS that applies to the livestock; (i) the livestock will not be dealt with other than in accordance with an approved ESCAS that applies to the livestock; (j) the livestock are fit enough to undertake the proposed export voyage or flight without any significant impairment of their health or welfare; (k) the travel arrangements for the livestock are adequate for their health and welfare; (l) there are no reasonable grounds to believe that: (i) the condition of the vessel or aircraft on which the livestock are to be transported may cause the health or welfare of any of the livestock to deteriorate during an export voyage or flight; or (ii) the actions of the exporter, or the consignee, of the livestock may cause the health or welfare of any of the livestock to deteriorate during an export voyage or flight; (m) the application for the export permit did not include false or misleading information; (n) there are no reasonable grounds to believe that the livestock will not be permitted to enter the intended overseas destination. Requirements in relation to prescribed live animals (3) The following requirements are prescribed in relation to an application for an export permit for prescribed live animals: (a) a notice of intention to export a consignment including the live animals has been approved under paragraph 8‑11(2)(a) and the approval is currently in force; (b) if a government certificate in relation to the live animals is required to meet importing country requirements: (i) the exporter holds a government certificate in relation to the live animals and the government certificate is in force; and (ii) there has been no change to any relevant circumstances since the live animals were assessed for the purposes of deciding whether to issue the government certificate; (c) if the exporter is required to hold an authorisation (however described) to export the live animals under another Commonwealth law—the exporter holds that authorisation; (d) the live animals are fit enough to undertake the proposed export voyage or flight without any significant impairment of their health or welfare, taking into account: (i) the general condition of the live animals; and (ii) the nature of the accommodation, feed and water for the live animals on the vessel or aircraft on which they are to be transported; and (iii) if any other live animal not covered by the application is to be transported with the live animals—the species, health and general condition of each other live animal; and (iv) the conditions that the live animals will be likely to encounter during the export voyage or flight; (e) there are no reasonable grounds to believe that: (i) the condition of the vessel or aircraft on which the live animals are to be transported may cause the health or welfare of any of the live animals to deteriorate during an export voyage or flight; or (ii) the actions of the exporter, or the consignee, of the live animals may cause the health or welfare of any of the live animals to deteriorate during an export voyage or flight; (f) there are no reasonable grounds to believe that the animals will not be permitted to enter the intended overseas destination. Requirements in relation to prescribed animal reproductive material (4) The following requirements are prescribed in relation to an application for an export permit for prescribed animal reproductive material: (a) a notice of intention to export a consignment including the animal reproductive material has been given in accordance with sections 8‑1, 8‑2 and 8‑3; (b) if a government certificate in relation to the animal reproductive material is required to meet importing country requirements: (i) the exporter holds a government certificate in relation to the animal reproductive material and the government certificate is in force; and (ii) there has been no change to any relevant circumstances since the animal reproductive material was assessed for the purposes of deciding whether to issue the government certificate; (c) if the exporter is required to hold an authorisation (however described) to export the animal reproductive material under another Commonwealth law—the exporter holds that authorisation; (d) a trade description that clearly identifies the animal reproductive material is applied to the primary container in which the animal reproductive material is packaged; (e) the animal reproductive material has been collected and stored in accordance with the law of the State or Territory in which it was collected.