Part 1
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Commonwealth legislation
This law tightly controls export of wild game meat (e.g., kangaroo, deer, feral pigs/goats, rabbits) by making exports conditional on approved facilities, permits, inspections, hygiene/HACCP plans, official marking and trade descriptions, and compliance with importing-country rules.
It affects exporters, processing establishments, field harvesters, inspectors and auditors — protecting food safety, Australia’s trade reputation, and exposing non‑compliance to penalties, permit revocation and enforcement action.
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Direct links to the current provisions in Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
This instrument is the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
This instrument is made under the Export Control Act 2020
General
This instrument prescribes matters and makes other provision in relation to certain wild game meat and wild game meat products (prescribed wild game meat and wild game meat products) for the purposes of the Export Control Act 2020 (the Act).
Prescribed wild game meat or wild game meat products 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 wild game meat or wild game meat products 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 wild game meat and wild game meat products, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export permits;
(f) notices of intention to export;
(g) trade descriptions;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) functions and powers of authorised officers;
(l) records;
(m) samples;
(n) damaged or destroyed wild game meat or wild game meat products.
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 5—Approved arrangements of the Act are included in Chapter 5—Approved arrangements 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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
This instrument is made under the Export Control Act 2020
General
This instrument prescribes matters and makes other provision in relation to certain wild game meat and wild game meat products (prescribed wild game meat and wild game meat products) for the purposes of the Export Control Act 2020 (the Act).
Prescribed wild game meat or wild game meat products 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 wild game meat or wild game meat products 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 wild game meat and wild game meat products, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export permits;
(f) notices of intention to export;
(g) trade descriptions;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) functions and powers of authorised officers;
(l) records;
(m) samples;
(n) damaged or destroyed wild game meat or wild game meat products.
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 5—Approved arrangements of the Act are included in Chapter 5—Approved arrangements 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.
Chapter 1—Preliminary
This instrument is the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
This instrument is made under the Export Control Act 2020
General
This instrument prescribes matters and makes other provision in relation to certain wild game meat and wild game meat products (prescribed wild game meat and wild game meat products) for the purposes of the Export Control Act 2020 (the Act).
Prescribed wild game meat or wild game meat products 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 wild game meat or wild game meat products 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 wild game meat and wild game meat products, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export permits;
(f) notices of intention to export;
(g) trade descriptions;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) functions and powers of authorised officers;
(l) records;
(m) samples;
(n) damaged or destroyed wild game meat or wild game meat products.
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 5—Approved arrangements of the Act are included in Chapter 5—Approved arrangements 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) Australian territory;
(b) authorised officer;
(c) export;
(d) export operations;
(e) integrity;
(f) prepare;
(g) prescribed agriculture law;
(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.
animal food means:
(a) a part of a wild game animal or a wild game meat product to which a disposition has been applied under which it is to be recovered for food for animals; or
(b) inedible material that can be used for food for animals.
applied, in relation to an official mark, has the meaning given by subsection 8‑20(1).
Note: For applied, in relation to a trade description, see section 247 of the Act.
approved auditor means an individual who is approved under subsection 273(1) of the Act to conduct an audit referred to in section 9‑1 of this instrument.
assessment of wild game meat or wild game meat products means an assessment of wild game meat or wild game meat products under Part 2 of Chapter 9 of the Act.
Note: See also Part 2 of Chapter 9 of this instrument.
Australian Meat Standard means Australian Standard AS 4696:2023, Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, as in force on 1 July 2023.
Australian Wild Game Meat Standard means Australian Standard AS 4464:2007, Australian Standard for the Hygienic Production of Wild Game Meat for Human Consumption, as that Standard exists at the commencement of this instrument.
batch, in relation to wild game meat or wild game meat products, means an identifiable quantity of wild game meat or wild game meat products of the same kind produced under essentially the same conditions and during the same period of time (not exceeding 24 hours).
carcase means a wild game animal carcase or a wild game carcase.
carcase part means any tissue or structure removed from a carcase and includes the head, viscera, offal and blood.
carton includes a case, crate and barrel.
container system unit means a container designed for use as a unit of cargo handling equipment in the transport of goods by aircraft or vessel.
date of packaging, for packaged wild game meat or wild game meat products, means:
(a) for further processed wild game meat products (other than canned wild game meat products):
(i) unless subparagraph (ii) applies—the date the further processing is completed; or
(ii) if the further processing is carried out during a working shift that starts on a day and ends on the following day—the date the shift started; or
(b) for canned wild game meat products:
(i) unless subparagraph (ii) applies—the date the cans are closed; or
(ii) if the canning is carried out during a working shift that starts on a day and ends on the following day—the date the shift started; or
(c) for any other packaged wild game meat or wild game meat products:
(i) unless subparagraph (ii) applies—the date the first packaging was completed; or
(ii) if the first packaging is carried out during a working shift that starts on a day and ends on the following day—the date the first packaging started.
dressing, in relation to a wild game animal, means the removal of such of the head, hide, skin, viscera, genital organs, urinary bladder and feet from the animal as have not been removed during field dressing.
equipment means a machine, instrument, apparatus, utensil, container or other thing used in, or for use in connection with, producing, preparing or transporting wild game meat or wild game meat products (including any thing used, or for use, for inspection, maintenance or cleaning), but does not include a wild game meat transport vehicle.
essential services includes:
(a) water, gas, electricity and lighting; and
(b) sewerage, drainage and waste disposal systems.
exporter of prescribed wild game meat or wild game meat products means:
(a) the applicant for an export permit for the wild game meat or wild game meat products; or
(b) if an export permit has been issued for the wild game meat or wild game meat products—the holder of the export permit.
facilities includes hygiene and sanitation facilities.
field depot has the same meaning as in the Australian Wild Game Meat Standard.
field dressing has the same meaning as in the Australian Wild Game Meat Standard.
field harvester has the same meaning as in the Australian Wild Game Meat Standard.
further process means an operation (such as curing, heat treatment, drying, canning, fermenting or rendering) applied to wild game meat or wild game meat products to form essentially a new product with different characteristics and flavour.
HACCP means the hazard analysis and critical control point system for food safety management set out in the annex to CAC/RCP 1‑1969 (General Principles of Food Hygiene), adopted by the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organisation, as in force from time to time.
Note: The Codex Alimentarius could in 2021 be viewed on the website of the Food and Agriculture Organization of the United Nations (http://www.fao.org).
HACCP plan means a document prepared in accordance with the principles of HACCP to ensure control of hazards that are significant for food safety in relation to wild game meat or wild game meat products that:
(a) for the purpose of further processing—meets the requirements for HACCP plans specified in the Australian Meat Standard; and
(b) for any other purpose—meets the requirements for HACCP plans specified in the Australian Wild Game Meat Standard.
Note: See clause 3.11 of the Australian Meat Standard and clause 3.11 of the Australian Wild Game Meat Standard.
harvesting, of wild game animals, includes killing wild game animals and any identification, bleeding, field dressing, cooling, storing and transporting before presentation for inspection at an establishment where operations to prepare wild game meat or wild game meat products for export are carried out.
inedible material means wild game meat or wild game meat products that are normally regarded as of a kind that is not fit for human consumption.
ingredient means a substance (including a food additive) that is:
(a) a constituent of:
(i) wild game meat; or
(ii) wild game meat products (including raw materials); or
(b) a processing aid for wild game meat or wild game meat products.
installed: a resources industry structure is installed in an area at a time if, assuming that the structure were a sea installation within the meaning of the Sea Installations Act 1987 and the area were part of an adjacent area within the meaning of that Act, the structure would be taken under section 6 of that Act to be installed in an adjacent area at the time.
loaded for export has the meaning given by section 1‑6.
meat extract means a wild game meat product that:
(a) is derived from wild game meat that has been passed as fit for human consumption; and
(b) does not contain any non‑meat proteins or additives; and
(c) does not contain more than 25% moisture by analysis.
meat inspection position means a position that:
(a) is occupied by a Commonwealth authorised officer; and
(b) is allocated under Part 6 of Chapter 4 to an establishment for the purposes of undertaking meat inspection services at the establishment.
meat inspection service means an assessment of wild game meat or wild game meat products under Part 2 of Chapter 9 of the Act.
MICoR means the Manual of Importing Country Requirements published by the Department.
Note: MICoR could in 2021 be viewed on the Department’s website (http://www.awe.gov.au), but access to the document requires a password.
notifiable disease means a disease of wild game animals the presence or suspected presence of which must be notified or reported (however expressed) under a law of the State or Territory where the disease is, or is suspected of being, present.
offal means the organs of the thoracic and abdominal cavities of a wild game animal.
pharmaceutical material has the same meaning as in the Australian Meat Standard.
potable, in relation to water, means water that is acceptable for human consumption.
Note: For guidance, see the Australian Drinking Water Guidelines (2011) developed by the National Health and Medical Research Council. The Guidelines could in 2021 be viewed on the National Health and Medical Research Council’s website (http://www.nhmrc.gov.au).
prescribed wild game meat means wild game meat that is prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed wild game meat and wild game meat products means wild game meat and wild game meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed wild game meat or wild game meat products means wild game meat or wild game meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
prescribed wild game meat products means wild game meat products that are prescribed goods under Division 1 of Part 1 of Chapter 2.
registered, in relation to an establishment, means registered under Chapter 4 of the Act.
registered establishment means an establishment that is registered for a kind of export operations in relation to prescribed wild game meat or wild game meat products.
relevant importing country authority means the authority or body that is responsible for regulating the importation of wild game meat or wild game meat products into that country from Australian territory.
resources industry structure means:
(a) a resources industry fixed structure (within the meaning of the Sea Installations Act 1987); or
(b) a resources industry mobile unit (within the meaning of that Act) that is not a vessel.
shelf‑stable, in relation to wild game meat products, means the wild game meat products will not deteriorate when stored and handled at ambient temperature.
State or Territory controlling body means a State or Territory body that is responsible for the enforcement of the Australian Wild Game Meat Standard and the Australian Meat Standard as they apply in relation to wild game meat or wild game meat products in relation to which export operations are carried out in that State or Territory.
State or Territory inspection and audit arrangement means an arrangement made by the Secretary with a State or Territory controlling body that provides for:
(a) the inspection of wild game meat and wild game meat products in relation to which export operations are carried out at registered establishments in that State or Territory; and
(b) the audit of those export operations.
State or Territory meat safety inspector means an individual who holds qualifications referred to in paragraph (b) of the definition of meat safety inspector in clause 1.3 of the Australian Meat Standard.
tallow means rendered fat or oil extracted from animal tissue.
Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force at the commencement
This is an opening excerpt, not the complete document.