Consultation Draft Export Control Rules 2020 – Meat and Meat Products

​​​​​​​We are seeking feedback on the Consultation Draft Export Control Rules 2020 – Meat and Meat Products (the draft meat rules).

Submissions close 21 December 2018.

Have your say in person in Sydney, Canberra, Brisbane, Melbourne, Perth and Adelaide​.

Register your interest to keep informed about consultation opportunities on the draft meat rules and other commodity-specific rules, as they are developed.

As part of the improvements we are making to agricultural export legislation, we are reviewing the Export Control Rules for various commodities.

We are seeking your feedback on the draft meat rules.

The draft meat rules will regulate the export of meat and meat products.

They will replace current legislative instruments including the Export Control (Meat and Meat Products) Orders 2005 (the orders). They must be read in conjunction with the Export Control Bill 2017 (the Bill).

Find out more about the improvements we’re making to agricultural export legislation.

Consultation Draft Export Control Rules 2020 – Meat and Meat Products

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Make a submission

You can make a submission by:

Submissions close Friday 21 December 2018.

Have your say in person

You also have the opportunity to have your say in person.

If you would like to attend a workshop, please email Export Legislation and let us know which session you would like to attend.

Workshop schedule

DateLocationTime
Wednesday, 21 November 2018Sydney8am – 10am
Thursday, 22 November 2018Canberra2pm – 4pm
Monday, 26 November 2018Brisbane1pm – 3pm
Wednesday, 28 November 2018Melbourne1pm – 3pm
Wednesday, 12 December 2018Perth1pm – 3pm
Thursday, 13 December 2018Adelaide1pm – 3pm

Secretary powers

The Bill will allow the Secretary to make and amend the rules. This enhances the government’s responsiveness to changing market conditions and importing country requirements, as well as the uptake of innovation within the industry.

The Secretary will need to obtain appropriate government authority to make major changes to the rules. Changes to minor matters (such as technical requirements) can be made more quickly. Stakeholder consultation regarding changes to the rules is important.

Outline of the draft meat rules

Parts 1 (Introduction) and 2 (General)

Parts 1 & 2 set out a simplified outline of the draft meat rules, including providing definitions of key terms. They also detail how the draft meat rules will interact with the Australian Meat Standard.

Part 3 (Prescribed goods)

Part 3 sets out the meat and meat products that are to be prescribed goods (goods that will be regulated under agricultural export legislation) and non-prescribed goods (goods that are not regulated under agricultural export legislation).

Non-prescribed goods may be subject to some regulation under the Bill and rules depending on importing country requirements.

This part also sets out when prescribed goods are taken not to be prescribed goods, meaning they are not subject to the regulatory controls in the Bill and rules.

Part 4 (Prescribed export cond​itions)

Part 4 prohibits the export of meat and meat products from Australia unless they comply with conditions specified in this part. An example of these conditions includes ensuring that prescribed goods are prepared in accordance with the requirements of an approved arrangement at a registered establishment.

Part 5 (Exemptions)

Part 5 sets out what is required for an application for an exemption from provisions in the Bill in specific circumstances. These include, for example, goods being exported as a commercial sample; for experimental purposes; or in exceptional circumstances.

Other matters covered by this part include when an application for an exemption must be made, matters the Secretary must consider when granting or revoking the exemption, and the period of effect of the exemption.

Part 6 (Government certificates)

Part 6 sets out the circumstances in which government certificates may be issued. It also sets out the information required for an application for a government certificate.

Circumstances for refusing to issue government certificates are also specified in this part.

Part 7 (Accredited properties)

Part 7 sets out the requirements that must be met for a property to be accredited, and renewal or variation of the accreditation. It also enables conditions to be placed on accreditation, and lists the grounds for the suspension and revocation of accreditation.

Decision making timeframes for processing these applications are also specified in this part.

Part 8 (Registered establishments)

Part 8 sets out the requirements that must be met for an establishment to be registered or have its registration renewed. For example, an establishment must provide a post-mortem inspection area, meat examination facility; and slaughter establishments may require a laboratory facility, secure storage areas and amenities for authorised officers.

This part provides that the requirements of the Australian Meat Standards must be met.

This part also sets out the requirements that must be met for an application for an establishment to be registered, the conditions of registration and the requirements for a variation or renewal of registration. It also sets out the process for suspension and revocation of registration.

Part 9 (Approved arrangements)

Part 9 sets out the requirements that must be met for a proposed arrangement to be approved and subsequent conditions on the approval. It also sets out the required information, and the process to be followed, relating to the application of an approved arrangement.

The circumstances in which an approved arrangement may be varied, suspended and revoked are also specified in Part 9.

Part 10 (Licences)

Part 10 sets out the requirements and subsequent conditions in relation to an export licence. This part will also specify grounds for suspension and revocation of export licences and obligations of the holders of the export licences.

Part 11 (Permits)

Part 11 specifies that an export permit (or a varied export permit) remains in force for 28 days. This part also sets out additional circumstances to those in the Bill in which an export permit may be suspended and revoked and other matters such as the requirement to return an export permit.

Part 12 (Notices of intention)

Part 12 sets out the requirements for an exporter or agent of exporter when providing a notice of intention to export, including giving notice as soon as practicable.

Part 13 (Trade descriptions)

Part 13 sets out the general requirements for trade descriptions including the requirement to translate the trade description into English.

Part 14 (Official marks)

Part 14 relates to the use, manufacture and possession of official marks and official marking devices.

Part 15 (Audits)

Part 15 sets out matters relating to the conduct of an audit, audit reports and the process for dealing with any non-compliance with a requirement to which an audit relates.. This part also sets out matters relating to the approval of individuals to conduct an audit (approved auditors).

Part 16 (Assessment)

Part 16 provides that the Secretary may require or permit an assessment at any stage of export operations, and sets out the process that must be followed after the completion of an assessment. This part also sets out matters relating to the approval of individuals to carry out assessments (approved assessors), including the information and documents required to be provided by the applicant.

17 (Authorised officers)

Part 17 outlines powers and functions additional to those under the Bill for authorised officers, including specific functions for veterinary officers or an authorised officer acting under the supervision of a veterinary officer. These relate to, for example, ante-mortem inspections of animals, and inspections of carcases, inspecting establishments and giving certificates of condemnation.

Part 18 (Compliance and enforcement)

Part 18 sets out the process that must be followed if a sample is taken for the purposes of monitoring or investigating compliance or non-compliance with the Bill. It also sets out the process for dealing with things seized when exercising investigation powers.

Part 19 (Miscellaneous)

Part 19 provides a list of additional reviewable decisions to those in the Bill. This part specifies the general requirements for records management as well as specific record keeping requirements relating to Parts 7 to 11 of the draft meat rules.

This part also outlines matters relating to Commonwealth liabilities and circumstances in which the liabilities are taken to have been paid.

Submission form

Complete all of the fields in the form. For comments longer than 500 words, please complete the online submission form and send your submission by email to Export Legislation.

* represents mandatory field

Details

you may make a submission via this form for submissions under 500 words. For submissions over 500 words, please complete this form and email your submission to exportlegislation@agriculture.gov.au. Please ensure you use the same email address to send us your submission as the one you enter on this form above.
Please ensure you use the same email address to send us your submission as the one you enter on this form above.
If you select 'Yes - in part', you need to clearly indicate which parts are confidential in your submission.



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The Department of Agriculture and Water Resources collects your personal information (as defined in the Privacy Act 1988) in relation to this submission for the purposes of gathering the opinions of stakeholders in response to improvements to the export control bill and related purposes.

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Declaration

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I have read and understood the Privacy Notice.

I understand that the department may disclose my personal information to other Commonwealth/State agencies and other persons or organisations for the purpose of (improving export legislation).

I understand that if I provide personal information about an individual other than myself, I must make that person aware of the Privacy Notice in this form and draw their attention to the Privacy Notice and privacy policy.

​​Publication of submissions

Submissions will be published on the department’s website, unless you request otherwise. Please indicate clearly in the online submission form if you wish for your submission to be treated as confidential, either in full or part.

The Australian Government reserves the right to refuse to publish submissions, or parts of submissions, which contain offensive language, potentially defamatory material or copyright infringing material. A request may be made under the Freedom of Information Act 1982 for a submission marked confidential to be made available. Such requests will be determined in accordance with provisions under that Act.

Personal information provided by you in your submission will be used by the department for the purposes of the review. Contact information, other than your name and organisation (if applicable) will not be published. Your name and organisation will be published on the department’s website to identify your submission. See the department’s privacy policy web page to learn more about how the department collects, uses and stores personal information.

Where you provide personal information about an individual other than yourself, you must ensure that you notify the individual that you have provided their personal information to the department, make that person aware of this privacy notice and draw their attention to the department’s privacy policy.

Privacy Notice

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

The Department of Agriculture and Water Resources collects your personal information (as defined by the Privacy Act 1988) in relation to this form for the purposes of supplying you with updates and consultation opportunities on improvements to agricultural export legislation and related purposes. If you fail to provide some or all of the personal information requested in this form, the department may be unable to provide you with updates or consultation opportunities related to improvements to agricultural export legislation.

Personal information may be published on the department’s website, disclosed to parliament, other Australian agencies, persons or organisations where necessary for these purposes, provided the disclosure is consistent with relevant laws, in particular the Privacy Act 1988. Your personal information will be used and stored in accordance with the Australian Privacy Principles.

See the department's Privacy Policy to learn more about accessing or correcting personal information or making a complaint. Alternatively, telephone the department on +61 2 6272 3933.

Freedom of information

Under the Freedom of Information Act 1982 (FOIAct), everyone has a legally enforceable right to obtain access to documents in the possession of the Department of Agriculture and Water Resources, including submissions and those submissions marked confidential. Such requests for access will be determined in accordance with provisions under the FOI Act, including the requirement that the department consult with third parties (for example, submission authors) about the potential disclosure of documents containing their personal or business information.