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).

Make a submissions by emailing the Export Legislation Taskforce and completing the online submission form (no word limit) or using the online submission form (500 word limit).

The closure date for submissions has been extended to 31 January 2019.

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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Glossary of commonly used terms across the Export Control Bill 2017 and the meat chapter of the Export Control Rules

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Glossary of commonly used terms across the Export Control Bill 2017 and the meat chapter of the Export Control Rules PDF

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Glossary of commonly used terms across the Export Control Bill 2017 and the meat chapter of the Export Control Rules DOCX

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Make a submission

You can make a submission by:

The closure date for submissions has been extended to 31 January 2019.

Background

Improvements are being made to Australia’s agricultural export legislation.

Existing export-related requirements are being streamlined and consolidated into a new legislative framework comprising an Export Control Bill 2017 and the Export Control Rules. This will reduce duplication and make export processes easier to understand and comply with.

Regulation of the export of meat and meat products is described in the Consultation Draft Export Control Rules – Meat and Meat Products. Once finalised, the meat rules will replace current legislative instruments, including the Export Control (Meat and Meat Products) Orders 2005. Existing regulatory controls and oversight provided in the current order and regulations will be maintained.

The draft meat rules must be read in conjunction with the Bill​.

The draft meat rules will describe the specific operational requirements that must be met in order for prescribed meat and meat products to be exported.

The Bill will allow the head of the Department of Agriculture and Water Resources (the Secretary) to make and amend the rules. This will enhance 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, though changes to minor matters (such as technical requirements) can be made more easily. Like the current orders, the rules will be disallowable instruments, which allow for parliamentary scrutiny.

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).

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.

Part 5 (Exemptions)

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

Part 5 also covers 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.

Part 6 also specifies circumstances for refusal to issue government certificates

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.

Part 7 also specifies decision making timeframes for processing these applications.

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.

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

Part 8 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.

This is in addition to what is provided in the Bill.

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.

Part 9 also covers the circumstances in which an approved arrangement may be varied, suspended or revoked. This is in addition to what is provided in the Bill.

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

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.

Next Steps

Register your interest to stay informed and have your say on the commodity specific rules as they are developed on the department’s website.

Submission form

We are now accepting submissions on the Consultation Draft of the Export Control Rules 2020 – Meat and Meat Products. Submissions on other commodity-specific rules will be available once they have been developed.

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.



Privacy Notice

‘Personal information’ means any information or opinion about an identified, or reasonably identifiable, individual.

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.

You are under no obligation to provide personal information but if you do not, the panel and the department will be unable to contact you to discuss or respond to your submission and will be unable to acknowledge you as the author of the submission.

The department may disclose your personal information to Commonwealth/State agencies and other persons or organisations where necessary for above purposes, provided the disclosure is consistent with relevant laws, in particular the Privacy Act.

The department will generally publish your submission, or part thereof, including your personal information on it’s website, unless you have indicated that you do not consent to this.

In providing a submission, you are consenting to your personal information being used and disclosed, including being published on the department’s website.

Should a request be made under the Freedom of Information Act 1982 for a submission, access will be determined in accordance with provisions under that Act.

Your personal information will be used and stored in accordance with the Australian Privacy Principles.

See the department’s Privacy Policy (www.agriculture.gov.au/about/privacy) to learn more about accessing or correcting personal information or making a complaint. Alternatively, telephone the department on +61 2 6272 3933.

Declaration

To be completed by the person making the submission.

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.

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