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Export Control (Animals) Rules 2021
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Turn the raw legal text into a practical explanation grounded in Export Control (Animals) Rules 2021.
Orders relating to prescribed livestock for export (1) An authorised officer may order the holder of a livestock export licence to not do any of the following in relation to prescribed livestock: (a) move prescribed livestock to a landing place, port or other place for the purpose of being exported; (b) unload a consignment of prescribed livestock at a landing place, port or other place for the purposes of being exported; (c) load, or continue to load, a consignment of prescribed livestock onto any aircraft or vessel for export.
Note: The decision of an authorised officer to give an order under this subsection is a reviewable decision (see section 11‑1).
(2) However, the order may be given only if: (a) the authorised officer has been notified by the Secretary under subsection (3); and (b) the authorised officer has reasonable grounds to suspect that the prescribed livestock will not be permitted to enter the intended overseas destination because of the disease, infection or infestation notified by the Secretary. (3) The Secretary may notify an authorised officer of the suspected presence in Australian territory of a disease, infection or infestation if: (a) the Secretary reasonably suspects that the disease, infection or infestation is present in Australian territory; and (b) the disease, infection or infestation is not endemic to Australia; and (c) either: (i) the disease, infection or infestation is listed in Chapter 1.3 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; or (ii) the Secretary reasonably believes that the disease, infection or infestation has the potential to cause significant harm to human, animal or plant health and could result in the export of prescribed livestock from Australian territory being adversely affected.
Note: The Terrestrial Animal Health Code could in 2023 be viewed on the website of the World Organisation for Animal Health (http://www.woah.org).
Notification (4) Before making an order under subsection (1), the authorised officer must, if reasonably practicable in the circumstances, give the holder of the livestock export licence particulars of the order. (5) If the authorised officer decides to make the order, the officer must, as soon as practicable after making the decision, notify the licence holder of the order. (6) If the authorised officer notifies the licence holder orally under subsection (5), the officer must, as soon as practicable after notifying the licence holder, also notify the licence holder in writing. Period of effect (7) An order made under subsection (1): (a) takes effect when notification of the order is given under subsection (5); and (b) remains in effect for 72 hours unless revoked earlier. Revocation of order (8) An authorised officer may, by written notice to the licence holder, revoke an order made under subsection (1) if the authorised officer is satisfied that the reason for the order no longer exists and there is no reason why the order should not be revoked. Failure to comply does not invalidate order (9) A failure to comply with subsection (4) or (6) does not invalidate an order given under this section.
Chapter 10—Compliance and enforcement