COMMONWEALTH OF AUSTRALIA

EXPORT CONTROL (ORDERS) REGULATIONS 1982

EXPORT CONTROL (MEAT AND MEAT PRODUCTS) AMENDMENT ORDERS 2005 (No. 1)

Name of Orders

These Orders are the Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1).

2. Commencement

These Orders commence 30 April 2005.

3. Amendment of Export Control (Meat and Meat Products) Orders

Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005

Schedule 1

Amendments

(order 3)

[1] Contents, footer page 2

substitute

Export Control (Meat and Meat Products) Orders 2005

[2] Order 2

omit

1 May 2005.

substitute

1 July 2005.

[3] Paragraph 4.2(a)

omit

Prescribed Goods (General) Orders 1985

substitute

Export Control (Prescribed Goods—General) Order 2005

[4] Order 5

substitute

5 Application of Export Control (Prescribed
Goods—General) Orders 2005

5.1 The following provisions of the Export Control (Prescribed
Goods—General) Order 2005 apply to meat and meat products for export for food:

(a) Part 1 (other than section 1.07);

(b) sections 14.02 to 14.04.

5.2 Except as specified in suborder 5.1 and except to the extent specified in the following provisions of these Orders:

(a) orders 63, 65 and 66;

(b) paragraph 5.1(b), clause 12 and paragraph 18.1(a) of Schedule 1;

(d) clauses 11 to 14 and clause 17 of Schedule 6;

(e) paragraph 22.1(g) of Schedule 7;

(f) paragraphs 5.1(a) and 11.1(a) of Schedule 9;

(g) paragraphs 2.1(d) of Schedule 10;

the Export Control (Prescribed Goods—General) Order 2005 have no application to meat and meat products for export for food.

Note 1 The provisions specified in paragraph 5.2(a) to (g) call up provisions of the Export Control (Prescribed Goods—General) Order 2005 in specified circumstances, for example the declaration of official marks, the fit and the proper person criteria and criteria for decisions on the allocation of services of officers.

Note 2 The transitional arrangements in section 18.02 of the Export Control (Prescribed Goods—General) Order 2005 do not apply to administrative actions and instruments in writing taken or made in relation to meat and meat products, see order 99.

[5] Suborder 6.1

after

appears

insert

the

[6] Suborder 8.1, definition of corporation

omit

[7] Suborder 8.1, after the definition of convicted

insert

corporation means a legal person that is not an individual.

[8] Suborder 8.1, definition of hot boning

omit

[9] Suborder 8.1, definition of lamb

substitute

lamb means meat derived from a female, castrated male or entire male ovine animal that shows no evidence of eruption of permanent incisor teeth.

[10] Suborder 8.1, after the definition of meat

insert

meat extract means a product that:

(a) is derived from meat that has been passed as fit for human consumption; and

(b) does not contain any non-meat proteins or any additives; and

[11] Suborder 8.1, after the definition of occupier

insert

offal means the organs of the thoracic and abdominal cavities, the brain, the muscular tissues of the head, the tissues of the diaphragm, the tail, the feet or tendons.

[12] Suborder 8.1, after the definition of serious offence

insert

sheep means meat derived from any ovine animal.

[13] Order 11, the Note

omit

order 17.1.

substitute

suborder 17.1.

[14] Suborder 13.2, the Note

after

meaning of

insert

meat extract and

[15] Subparagraph 23.1(a)(ii)

after

Australia;

omit

[16] Suborder 25.2

omit

by the applicant.

substitute

in relation to meat and meat products to which the exemption applies.

[17] Suborder 32.2, the Note

after

Note

insert

[18] Suborder 32.2, after the Note

insert

Note 2 For compliance with the temperature controls in clause 24 of the Australian Meat Standard see subclause 10.3 of Schedule 5.

[19] Paragraph 33.1(e)

substitute

(e) Parts 1 and 2, Division II of Part 4 and clause 46 of Schedule 7.

[20] Order 42, Note 1

omit

slaughter

substitute

slaughter

[21] Paragraph 43(a)

omit

(other than the requirements of that Standard specified in Schedule 5 as not applying)

[22] Order 43, Note

after

Standard.

insert

See further clause 10 of Schedule 5.

[23] Paragraph 46(b)

substitute

(e) Parts 1 and 2, Division II of Part 4 and clause 46 of Schedule 7.

[24] Suborder 63.1

substitute

63.1 For the purposes of these Orders each of the following marks declared under the Export Control (Prescribed Goods—General) Order 2005 is declared to be an official mark:

(a) a mark in accordance with the design specified in section 13.02 of the Export Control (Prescribed Goods—General) Order 2005;

(b) a mark in accordance with the design specified in section 13.03 of the Export Control (Prescribed Goods—General) Order 2005;

(c) a mark in accordance with the design specified in subsections 13.05(1) and (2) of the Export Control (Prescribed
Goods—General) Order 2005 and a mark in accordance with the design specified in subsections 13.05(3) and 13.05(4) of the Export Control (Prescribed Goods—General) Order 2005;

(d) a mark in accordance with the design specified in section 13.06 of the Export Control (Prescribed Goods—General) Order 2005;

(e) a mark in accordance with the design specified in section 13.10 of the Export Control (Prescribed Goods—General) Order 2005;

(f) a mark in accordance with the design specified in section 13.11 of the Export Control (Prescribed Goods—General) Order 2005;

(g) a mark in accordance with the design specified in section 13.12 of the Export Control (Prescribed Goods—General) Order 2005;

(h) a mark in accordance with the design specified in section 13.13 of the Export Control (Prescribed Goods—General) Order 2005;

(i) a mark in accordance with the design specified in section 13.15 of the Export Control (Prescribed Goods—General) Order 2005.

[25] Suborder 63.2

omit

Prescribed Goods (General) Orders 1985

substitute

Export Control (Prescribed Goods—General) Order 2005

[26] Paragraph 64.1(a)

substitute

(a) the Secretary gives the person approval to do so; or

[27] Paragraph 64.2(a)

omit first appearing

;

substitute

[28] Paragraph 64.2(c)

substitute

[29] Paragraph 65(b)

omit

paragraph 87(g) of the Prescribed Goods (General) Orders 1985

substitute

section 13.05 of the Export Control (Prescribed Goods—General) Order 2005

[30] Paragraph 65(c)

omit

paragraph 87(i) of the Prescribed Goods (General) Orders 1985

substitute

section 13.06 or section 13.15 of the Export Control (Prescribed Goods—General) Order 2005

[31] Paragraph 65(c), after Note 3

insert

Note 4 Importing country requirements may require that other importing country marks showing eligibility are only applied in specified circumstances.

[32] Paragraph 66.2(a)

omit

Prescribed Goods (General) Orders 1985

substitute

Export Control (Prescribed Goods—General) Order 2005

[33] Paragraph 66.2(b)

omit

Prescribed Goods (General) Orders 1985

substitute

Export Control (Prescribed Goods—General) Order 2005

[34] Paragraph 70.1(b)

after

them;

insert

and

[35] Suborder 70.1, Note 3

after

products

insert

see

[36] Suborder 72.1, the Note

omit

see Part III

substitute

in Part III

[37] Order 86, the Note

substitute

Note This order does not provide for review of other decisions that are excluded from the definition of initial decision in order 81.

[38] After order 98

insert

99 Transitional provisions of the Export Control (Prescribed Goods—General) Order 2005

Section 18.02 of the Export Control (Prescribed Goods—General) Order 2005 does not apply to the following:

(a) an administrative action taken in relation to meat and meat products;

(b) an instrument in writing made in relation to meat and meat products;

by a person under the Orders repealed by section 18.01 of the Export Control (Prescribed Goods—General) Order 2005.

[39] Schedule 1, paragraph 5.1(b)

omit

order 47 of the Prescribed Goods (General) Orders 1985;

substitute

section 4.05 of the Export Control (Prescribed Goods—General) Order 2005;

[40] Schedule 1, cause 12.1

substitute

12.1 The requirements of sections 4.14, 4.16, 4.18 and 4.19 of the Export Control (Prescribed Goods—General) Order 2005 must be complied with.

12.2 If the occupier of a registered establishment is an individual or a partnership and there is a change in any person who manages or controls the operations carried on at the establishment, the occupier must, within 7 days after the change, notify the Secretary of the matters specified in paragraphs 4.16(1)(a) and 4.16(1)(b) of the Export Control (Prescribed Goods—General) Order 2005.

Note If the occupier is a corporation see section 4.16 of the Export Control (Prescribed Goods—General) Order 2005.

12.3 If:

(a) the Secretary is notified of a change in accordance with:

(i) subsection 14.6(1) or 14.6(2) of the Export Control (Prescribed Goods—General) Order 2005; or

(ii) subclause 12.2; and

(b) the Secretary is satisfied that the person who has commenced to manage or control the operations carried on at the establishment is a fit and proper person having regard to the matters specified in section 4.05 of the Export Control (Prescribed Goods—General) Order 2005;

the registration of the establishment continues to have effect.

12.4 If:

(a) the occupier of a registered establishment is an individual or a partnership; and

(b) a person who manages or controls the operations carried on at the establishment is convicted of a serious offence;

the occupier must give the Secretary written notice of the conviction within 7 days after the conviction occurs.

Note For the meaning of convicted and serious offence see suborder 8.1.

[41] Schedule 1, paragraph 18.1(a)

omit

order 47 of the Prescribed Goods (General) Orders 1985

substitute

section 4.05 of the Export Control (Prescribed Goods—General) Order 2005

[42] Schedule 1, subparagraph 18.1 (a)(iii)

after

;

insert

[43] Schedule 2, clause 3.1, the Note

omit

Note 1

substitute

Note

[44] Schedule 5, Table of contents

omit

9. Hot boning

10. Controls required after processing raw meat

substitute

9. Temperature controls for and after processing raw meat

10. Storage, handling and transport

10A. Assessing the effectiveness of refrigeration

[45] Schedule 5, clauses 8 to 10

substitute

Chilling and freezing

8.1 The refrigeration for chilling applied to carcases and carcase parts is taken to comply with subparagraphs 11.6(a)(i) and 11.6(a)(ii) of the Australian Meat Standard if the refrigeration achieves a temperature of no warmer than 7˚C on all surfaces of the carcases or carcase parts.

8.2 When carcases and carcase parts are to be frozen, the refrigeration controls for freezing must:

(a) ensure that the carcases and carcase parts are hard frozen without delay after compliance with clause 11.6.(a) of the Australian Meat Standard; and

(b) achieve the control measures for freezing that are specified in the approved arrangement.

Note Carcase parts include offal. See the meaning of carcase parts in suborder 8.1 which adopts the definition in the Australian Meat Standard.

Temperature controls for and after processing raw meat

9.1 Despite clause 12.4 of the Australian Meat Standard the processing of meat removed from refrigeration need only take place in a temperature controlled environment of no warmer than 10˚C if the processing is likely to result in a temperature of warmer than 7˚C on any of the surfaces of the meat.

9.2 After the processing of raw meat is completed:

(a) the requirements of paragraph 12.5(a) to 12.5(c) of the Australian Meat Standard must be complied with; or

(b) the meat must be frozen in accordance with subclause 8.2.

Note For the meaning of processing see clause 13 of this Schedule.

9.3 The refrigeration for chilling raw meat after the process is completed is taken to comply with subparagraphs 12.5(b)(i) and 12.5(b)(ii) of the Australian Meat Standard if the refrigeration achieves a temperature of no warmer than 7˚C on all surfaces of the raw meat.

Storage, handling and transport

10.1 The temperature requirements of subparagraphs 15.2(a)(i) and 15.2(a)(ii) of the Australian Meat Standard are taken to be complied with if the meat and meat products concerned are stored and handled at a temperature of no warmer than 7˚C on any of their surfaces.

10.2 The temperature requirement in paragraph 15.7(a) of the Australian Meat Standard is taken to be complied with if the meat and meat products concerned are at a temperature of no warmer than 7˚C on any of their surfaces.

10.3 The temperature requirements of subparagraphs 24.3(a)(i) and 24.3(a)(ii) of the Australian Meat Standard are taken to be complied with if the meat and meat products concerned are transported at a temperature of no warmer than 7˚C on any of their surfaces.

Assessing the effectiveness of refrigeration

10A.1 The control measures for chilling applied to meat and meat products must achieve the refrigeration index criteria.

10A.2 Subclause 10A.1 applies only to assessing the effectiveness of the process of refrigeration applied to a carcase, carcase part and raw meat from the time it is first placed under refrigeration until it is:

(a) maintained continuously at a temperature of no warmer than 7˚C at all sites of microbiological concern; or

(b) further processed in accordance with Part 13 of the Australian Meat Standard.

Note The Australian Meat Standard clause 11.3 requires that carcases and carcase parts are placed under refrigeration within 2 hours of stunning.

[46] Schedule 5, after subclause 12.2

insert

12.3 The thawing of meat is taken to comply with paragraph 12.11(a) of the Australian Meat Standard if it results in a temperature of no warmer than 7˚C on any of the surfaces of the meat.

[47] Schedule 5, subclause 17.1

omit

with

substitute

which

[48] Schedule 5, paragraph 18.1(f)

omit

paragraph 87(p) of the Prescribed Goods (General) Orders 1985

substitute

section 13.11 of the Export Control (Prescribed Goods—General) Order 2005

[49] Schedule 5, subclause 20.1

omit

paragraph 87(p) of the Prescribed Goods (General) Orders 1985

substitute

section 13.11 of the Export Control (Prescribed Goods—General) Order 2005

[50] Schedule 6, paragraph 1.2(b)

after

(iii) veal

insert

(iiia) sheep

[51] Schedule 6, paragraph 1.2(b), Note 1

after

ram

insert

, sheep

[52] Schedule 6, after clause 4.1

insert

4.2 For the purposes of paragraph 1.2(b) and clause 4.1 of this Schedule:

(a) the description beef offal is taken to be accurate if it is applied to offal derived from beef, veal or bull carcases; and

(b) the description pork offal is taken to be accurate if it is applied to offal derived from pork, sow or boar carcases; and

(c) the description mutton offal is taken to be accurate if it is applied to offal derived from mutton, lamb or ram carcases.

Note For the meaning of offal see suborder 8.1.

[53] Schedule 6, subparagraphs 9.1 (a), 9.1(b) and 9.1(c)

after

;

at the end of each paragraph insert

[54] Schedule 6, subclause 10.3 after Note 2

insert

Note 3 Importing countries may require a mark to be applied to carcases, carcase parts and cartons.

[55] Schedule 6, paragraph 11.1(a)

omit

paragraph 87(c) of the Prescribed Goods (General) Orders 1985;

substitute

section 13.03 of the Export Control (Prescribed Goods—General) Order 2005;

[56] Schedule 6, paragraph 11.1(b)

omit

paragraph 87(a) of the Prescribed Goods (General) Orders 1985.

substitute

section 13.02 of the Export Control (Prescribed Goods—General) Order 2005.

[57] Schedule 6, subclause 12.1

omit

paragraph 87(a) of the Prescribed Goods (General) Orders 1985

substitute

section 13.02 of the Export Control (Prescribed Goods—General) Order 2005

[58] Schedule 6, subclause 13.1

substitute

13.1 An official mark the design of which is specified in section 13.05 of the Export Control (Prescribed Goods—General) Order 2005 must be applied to Halal meat.

[59] Schedule 6, paragraph 14.1(a)

omit

paragraph 87(s) of the Prescribed Goods (General) Orders 1985;

substitute

section 13.13 of the Export Control (Prescribed Goods—General) Order 2005;

[60] Schedule 6, paragraph 14.1(b)

omit

paragraph 87(q) of the Prescribed Goods (General) Orders 1985;

substitute

section 13.12 of the Export Control (Prescribed Goods—General) Order 2005;

[61] Schedule 6, paragraph 14.1(e)

omit

paragraphs 87(q) or 87(s) (as the case may be) of the Prescribed Goods (General) Orders 1985

substitute

section 13.12 or 13.13 (as the case may be) of the Export Control (Prescribed Goods—General) Order 2005

[62] Schedule 6, subclause 17.1

omit

paragraph 87(g) of the Prescribed Goods (General) Orders 1985

substitute

section 13.05 of the Export Control (Prescribed Goods—General) Order 2005

[63] Schedule 6, paragraph 17.1(b)

omit

paragraph 87(i) of the Prescribed Goods (General) Orders 1985

substitute

section 13.06 or section 13.15 of the Export Control (Prescribed Goods—General) Order 2005

[64] Schedule 6, subclause 17.1, Note 2

omit

Export Meat Manual Volume 2.

substitute

Export Meat Manual Volume 2, Importing Country Requirements published by the Department. This document is available at http://www.daff.gov.au.

[65] Schedule 6, subclause 17.2

omit

paragraphs 87(g), 87(q) and 87(s) of the Prescribed Goods (General) Orders 1985

substitute

section 13.05, 13.12 and 13.13 of the Export Control (Prescribed Goods—General) Order 2005

[66] Schedule 6, subclause 17.3

omit

paragraph 87(g) of the Prescribed Goods (General) Orders 1985

substitute

section 13.05 of the Export Control (Prescribed Goods—General) Order 2005

[67] Schedule 7, subclause 18.3

substitute

18.3 For the purposes of subclause 18.2:

(a) in suborders 3.1, 4.1 and 5.1 of Schedule 2 each reference to the Act, order 31 and Division II of Part 3 of these Orders is taken to be a reference to these Orders that apply to the Islamic Organisation; and

(b) in suborders 5.1 and 5.3 of Schedule 2 each reference to establishment is taken to be a reference to Islamic Organisation.

[68] Schedule 7, paragraphs 19.2(a) and 19.2(b)

substitute

(a) if the Islamic Organisation is a individual:

(i) he or she is convicted of a serious offence; or

(ii) he or she becomes bankrupt; or

(iii) he or she executes a deed of arrangement or a deed of assignment under Part X of the Bankruptcy Act 1966;

(b) if the Islamic Organisation is a corporation:

(i) the Islamic Organisation is convicted of a serious offence; or

(ii) a court orders that the Islamic Organisation be wound up; or

(iii) a resolution is passed that it be wound up voluntarily; or

(iv) it enters into administration as defined in section 435C of the Corporations Act 2001;

(i) any of the partners is convicted of a serious offence; or

(ii) the partnership is dissolved;

(d) a person who manages or controls the certification operations or who makes a certification for the Islamic Organisation is convicted of a serious offence.

[69] Schedule 7, paragraph 22.1(g)

omit

order 47 of the Prescribed Goods (General) Orders 1985

substitute

section 4.05 of the Export Control (Prescribed Goods—General) Order 2005

[70] Schedule 7, subclause 26.1

omit

arrangeme nt

substitute

arrangement

[71] Schedule 9, paragraph 5.1 (a)

omit

order 47 of the Prescribed Goods (General) Orders 1985

substitute

section 4.05 of the Export Control (Prescribed Goods—General) Order 2005

[72] Schedule 9, paragraph 11.1(a)

omit

order 47 of the Prescribed Goods (General) Orders 1985

substitute

section 4.05 of the Export Control (Prescribed Goods—General) Order 2005

[73] Schedule 10, Table of contents

omit

16. Clauses to apply in lieu of Part 20 of the Prescribed Goods (General) Orders 1985

substitute

16. Clauses to apply in lieu of Part 20 of the Prescribed Goods (General) Orders 1985

[74] Schedule 10, Table of contents

omit

30. Clauses to apply in lieu of Part 20 of the Prescribed Goods (General) Orders 1985

substitute

30. Clauses to apply in lieu of Part 20 of the Prescribed Goods (General) Orders 1985

[75] Schedule 10, paragraph 2.1(d)

omit

Part 18 of the Prescribed Goods (General) Orders 1985

substitute

paragraphs 17.03(3)(a) and 17.04(3)(b) and subsection 17.04(4) of the Export Control (Prescribed Goods—General) Order 2005

[76] Schedule 10, clause 13

omit

Insert

Subject to the Administrative Appeals Tribunal Act 1975 an

[77] Schedule 10, clause 16

substitute

Clauses to apply in lieu of Divisions I and II of Part 10 of these Orders

16.1 Clause 5 and clauses 8 to 15 inclusive are to be read, as applicable, in lieu of Divisions I and II of Part 10 of these Orders.

[78] Schedule 10, clause 27

omit

Insert

Subject to the Administrative Appeals Tribunal Act 1975 an

[79] Schedule 10, clause 30

substitute

Clauses to apply in lieu of Divisions I and II of Part 10 of these Orders

30.1 Clause 24 to 29 inclusive are to be read, as applicable, in lieu of Divisions I and II of Part 10 of these Orders.