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Export Control (Animals) Rules 2021
In force
Administered by
Department of Agriculture, Fisheries and Forestry
This item is authorised by the following title:
Export Control Act 2020
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F2024C00422 (C06)
30 April 2024
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Chapter 1—Preliminary
Part 1—Preliminary
1 1 Name
1 3 Authority
1 4 Application of this instrument
1 5 Simplified outline of this instrument
Part 2—Interpretation
1 6 Definitions
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Chapter 2—Exporting goods
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Part 1—Goods
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Division 1—Prescribed goods
2 1 Livestock, other live animals and animal reproductive material that are prescribed goods
Division 2—Prohibited export and prescribed export conditions
2 2 Purpose and application of this Division
2 3 Export of prescribed livestock is prohibited unless prescribed conditions are complied with
2 4 Export of prescribed live animals is prohibited unless prescribed conditions are complied with
2 5 Export of prescribed animal reproductive material is prohibited unless prescribed conditions are complied with
Part 2—Exemptions
2 6 Application of this Part
2 7 Exports of small numbers of animals in infrequent consignments
2 8 Period for making application for exemption
2 9 Conditions of exemption—matters to which Secretary must have regard
2 10 Period of effect of exemption
2 11 Variation of conditions of exemption—matters to which Secretary must have regard
2 12 Revocation of exemption—matter to which Secretary must have regard
Part 3—Government certificates
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Division 1—General
2 13 Application of this Division
2 14 When government certificate may be issued in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material
2 14A Application for new government certificate if original government certificate is revoked
2 15 Circumstances for refusing to issue government certificate
2 16 Changes that require holder of certificate to give additional or corrected information to issuing body
2 16A Circumstances for revocation of government certificate
2 17 Return of government certificate
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Division 2—Prescribed livestock
2 18 Application of this Division
2 19 When application for government certificate may be made
2 21 Requirements that must be complied with before government certificate may be issued
2 22 Issuing body must consider conditions (if any) of approval of notice of intention to export consignment
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Division 3—Prescribed live animals
2 23 Application of this Division
2 24 Issuing body must consider conditions (if any) of approval of notice of intention to export consignment
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Chapter 4—Registered establishments
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Part 1—Application of this Chapter
4 1 Application of this Chapter
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Part 2—Requirements for registration and other matters
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Division 1—Requirements for registration
4 2 Matters relating to construction, equipment and facilities
4 3 Other requirements for registration
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Division 2—Other matters relating to registration
4 4 Period of effect of registration
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Part 3—Conditions of registration
4 5 Purpose of this Part
4 5A Australian Standards for the Export of Livestock
4 6 Prescribed livestock at establishment must be covered by registration, and approved arrangement or operations and governance manual
4 7 Occupier must provide reasonable assistance to accredited veterinarian
4 8 Compliance with operations manual
4 9 Variation of operations manual
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Part 4—Renewal of registration
4 10 Period within which application to renew registration must be made
4 11 Requirements for renewal of registration
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Part 5—Variation of registration
4 12 Variation by Secretary—other reasons for varying registration
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Part 6—Suspension of registration
4 13 Other grounds for suspension
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Part 7—Revocation of registration
4 14 Other grounds for revocation
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Part 8—Matters relating to applications
4 15 Application of this Part
4 16 Initial consideration period
4 17 Maximum period within which request relating to application must be complied with
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Part 9—Miscellaneous
4 18 Secretary may publish information in reports relating to prescribed livestock
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Chapter 5—Approved arrangements
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Part 1—Approved arrangements other than for exporter supply chain assurance operations
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Division 1—Requirements for approval
5 1 Other requirements for approval
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Division 2—Conditions of approved arrangement
5 2 Purpose of this Division
5 3 Information for occupier of registered establishment where prescribed livestock are to be prepared for export by sea or air
5 4 Information for occupier of approved premises where prescribed livestock are to be prepared for export by air
5 4A Importing country requirements must be met
5 4B Requirements of Australian Standards for the Export of Livestock must be met
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Division 3—Renewal of approved arrangement
5 5 Period within which application to renew approved arrangement must be made
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Division 4—Variation of approved arrangement
5 6 Application by holder for variation—grounds for refusing application
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Division 5—Suspension of approved arrangement
5 7 Other grounds for suspension
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Division 6—Revocation of approved arrangement
5 8 Other grounds for revocation
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Part 2—Approved arrangements for exporter supply chain assurance operations
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Division 1—Requirements for approval
5 9 Purpose of this Division
5 10 Requirements relating to the applicant
5 11 Assurance rules and standards
5 12 Applicant’s management practices and business structure etc.
5 13 Kinds of prescribed livestock and countries in relation to which exporter supply chain assurance operations are to be carried out
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Division 2—Conditions of approved arrangement
5 14 Purpose of this Division
5 15 Requirements for approval must continue to be met
5 16 Compliance with assurance rules and meeting assurance standards
5 17 Information must be given to the Secretary about entities in relation to which exporter supply chain assurance operations have been carried out
5 18 Report to Secretary on exporter supply chain assurance operations carried out
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Division 3—Renewal of approved arrangement
5 19 Period within which application to renew approved arrangement must be made
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Division 4—Variation of approved arrangement
5 20 Application by holder for variation—grounds for refusing application
5 21 Significant variations
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Division 5—Suspension of approved arrangement
5 21A Suspension requested by holder—prescribed circumstances
5 21B Suspension requested by holder—prescribed information
5 22 Suspension by Secretary—other grounds for suspension
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Division 6—Revocation of approved arrangement
5 23 Other grounds for revocation
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Division 7—Fit and proper persons
5 24 Kinds of persons who are required to be fit and proper persons
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Division 8—Miscellaneous
5 25 Secretary may publish information given by holder of approved arrangement for exporter supply chain assurance operations
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Part 3—Matters relating to applications
5 26 Application of this Part
5 27 Documents to accompany application relating to arrangement for exporter supply chain assurance operations
5 28 Initial consideration period
5 29 Maximum period within which request relating to application must be complied with
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Chapter 6—Livestock export licences
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Part 1—Requirements for grant of livestock export licence
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Division 1—Requirements for grant of livestock export licence
6 1 Other requirements for grant of livestock export licence
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Division 2—Other matters relating to livestock export licences
6 2 Other information to be stated in livestock export licence
6 3 Period of effect of livestock export licence
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Part 2—Conditions of livestock export licence
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Division 1—Purpose of this Part
6 4 Purpose of this Part
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Division 2—General conditions
6 5 Audits
6 6 Australian Standards for the Export of Livestock
6 7 Holder of licence must have, and comply with, an approved ESCAS
6 8 Compliance with operations and governance manual
6 8A Orders made by authorised officer
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Division 3—Exports of cattle to the Republic of Korea
6 9 Restrictions on export
6 10 Conditions on export
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Division 4—Exports of sheep by sea to the Middle East
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Subdivision A—Application of this Division
6 11 Application of this Division
Subdivision B—Prohibition on export to specific places
6 12 Sheep must not be exported to Oman between 8 May and 14 September
6 13 Sheep must not be exported to Qatar between 1 June and 21 September
6 14 Sheep must not be exported to Bahrain, Iran, Iraq, Kingdom of Saudi Arabia, Kuwait or the United Arab Emirates between 1 June and 14 September
6 14A Sheep must not be exported through certain waters between 15 June and 14 September
6 14B Sheep must not be exported to certain countries in the Middle East between 22 May and 31 May unless certain conditions satisfied
Subdivision C—Exports during northern summer
6 15 Application of this Subdivision
6 16 General conditions
6 17 Pen air turnover
6 18 Condition of sheep and of pens on vessel
6 19 Exports to Kuwait
6 19A Conditions that apply in relation to the export of sheep between 1 May and 14 June—certain voyages
6 20 Restrictions on number of ports where vessel may dock—certain voyages
Subdivision D—Exports during northern winter
6 21 Application of this Subdivision
6 22 Watering systems
6 23 Pen air turnover
Division 5—Exports of sheep, goats and cattle to the Kingdom of Saudi Arabia
6 24 Pre export conditions for sheep and goats
6 25 Shipping conditions for sheep, goats and cattle
Part 3—Renewal of livestock export licence
6 26 Period within which application to renew livestock export licence must be made
Part 4—Suspension of livestock export licence
6 27 Other grounds for suspension
Part 5—Revocation of livestock export licence
6 28 Other grounds for revocation
Part 6—Obligations of holders of livestock export licences
6 29 Other events of which Secretary must be notified
Part 7—Fit and proper persons
6 30 Kinds of persons who are required to be fit and proper persons
Part 8—Matters relating to applications
6 31 Application of this Part
6 32 Initial consideration period
6 33 Maximum period within which request relating to application must be complied with
Part 9—Exporter supply chain assurance systems
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Division 1—Approval of ESCAS
6 34 Meaning of ESCAS
6 35 Holder of livestock export licence may apply for approval of proposed ESCAS
6 36 Requirements for applications
6 37 Secretary may approve proposed ESCAS
6 38 Period of effect of approved ESCAS
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Division 2—Variation of approved ESCAS
6 39 Holder of approved ESCAS may apply to Secretary to vary ESCAS or conditions of ESCAS
6 40 Secretary may require approved ESCAS to be varied or vary conditions of approved ESCAS
6 41 Effect of varied approved ESCAS
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Division 3—Revocation of approved ESCAS
6 42 Secretary may revoke approved ESCAS
6 42A Notice of revocation
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Division 4—Other matters
6 43 Holder of approved ESCAS must notify Secretary of change in circumstance
Part 10—Miscellaneous
6 44 Secretary may publish information in daily, end of voyage or end of journey reports relating to prescribed livestock
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Chapter 7—Export permits
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Part 1—Issue of export permit
7 1 Other matters to which Secretary may have regard in relation to application for export permit
7 2 Requirements for export permit
7 3 Conditions of export permit
7 4 Period of effect of export permit
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Part 2—Variation, suspension and revocation of export permit
7 5 Circumstances for varying export permit for prescribed livestock
7 6 Period of effect of varied export permit
7 7 Circumstances in which export permit may be suspended
7 8 Other circumstances in which export permit may be revoked
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Part 3—Other matters
7 9 Changes that require additional or corrected information to be given to the Secretary
7 10 Return of export permit
7 11 Notification that prescribed livestock, prescribed live animals or prescribed animal reproductive material are not to be exported
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Chapter 8—Other matters relating to export
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Part 1—Notices of intention to export
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Division 1—General
8 1 Person who must give notice of intention to export
8 2 Persons to whom notice of intention to export must be given
8 3 When notice of intention to export must be given
8 4 Changes requiring additional or corrected information
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Division 2—Approval of notice of intention to export consignment
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Subdivision A—Prescribed livestock
8 5 Approval of premises for pre export quarantine or isolation
8 6 Approval of notice of intention to export consignment
8 7 Notice of decision relating to approval of notice of intention to export consignment
8 8 Variation of approved notice of intention to export consignment or conditions of approval
8 9 Secretary may revoke approval of notice of intention to export consignment
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Subdivision B—Prescribed live animals
8 10 Approval of premises for pre export quarantine or isolation
8 11 Approval of notice of intention to export consignment
8 12 Notice of decision relating to approval of notice of intention to export consignment
8 13 Variation of approved notice of intention to export consignment or conditions of approval
8 14 Secretary may revoke approval of notice of intention to export consignment
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Part 2—Official marks
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Division 1—Marks that are official marks
8 15 Purpose of this Division
8 16 Tolerances for dimensions of official marks
8 17 Official mark—tamper indicative metal strap seal
8 18 Official mark—bolt seal
8 19 Official mark—carton seal
8 20 Official mark—Australian Government
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Division 2—General rules relating to official marks
8 21 Purpose and application of this Division
8 22 Meaning of applied
8 23 Persons who may manufacture official marks for prescribed livestock, prescribed live animals or prescribed animal reproductive material
8 24 Persons who may possess official marks that have not been applied
8 25 Persons who may apply official marks to prescribed livestock, prescribed live animals or prescribed animal reproductive material
8 26 Alteration of and interference with official marks
8 27 Official marks must be legible and securely applied
8 28 Security of official marks
8 29 Removal or defacement of official marks
8 30 Records of official marks manufactured
8 31 Records of official marks applied, removed, defaced, destroyed or returned
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Division 3—Official marking devices
8 32 Purpose of this Division
8 33 Persons who may manufacture or possess official marking devices
8 34 Security of official marking devices
8 35 Damaged or destroyed official marking devices
8 36 Records of official marking devices manufactured
8 37 Records of official marking devices used, destroyed or returned
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Chapter 9—Powers and officials
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Part 1—Audits
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Division 1—General
9 1 References to audit in this Part
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Division 2—Conduct of audit
9 2 Purpose of this Division
9 3 Manner in which audit must be conducted
9 4 Notice of non compliance with requirements
9 5 Audit reports
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Part 2—Assessments
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Division 1—General
9 6 References to assessment in this Part
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Division 2—Carrying out assessments
9 7 Circumstances in which assessment may be required or permitted
9 8 Process to be followed after assessment completed
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Part 3—Accredited veterinarians
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Division 1—Purpose of this Part
9 9 Purpose of this Part
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Division 2—Application for accreditation
9 10 Requirements for accreditation
9 11 Application for accreditation
9 12 Secretary must decide whether to accredit veterinarian
9 13 Conditions of accreditation
9 14 Notice of accreditation
9 15 Period of effect of accreditation
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Division 3—Renewal of accreditation
9 16 Application to renew accreditation
9 17 Secretary must decide whether to renew accreditation
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Division 4—Variation of accreditation
9 18 Application by accredited veterinarian
9 19 Secretary may make variations in relation to accreditation
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Division 5—Suspension of accreditation
9 20 Secretary may suspend accreditation of veterinarian in whole or in part
9 21 Notice and start of suspension
9 22 Revocation of suspension
9 23 Effect of suspension
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Division 6—Revocation of accreditation
9 24 Secretary may revoke accreditation of veterinarian
9 25 Notice of revocation
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Division 7—Records and reports
9 26 Records
9 27 Reports
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Division 8—Fit and proper persons
9 28 Fit and proper person test
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Division 9—Matters relating to applications
9 29 Applications to which this Division applies
9 30 Requirements for applications
9 31 Dealing with applications
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Part 4—Approved export programs
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Division 1—Purpose of this Part
9 32 Purpose of this Part
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Division 2—Exporter’s approved export programs
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Subdivision A—Approval of program of export operations
9 33 Application by exporter for approval of program of export operations
9 34 Assessment of application and Secretary’s decision
9 35 Period of effect of approved export program
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Subdivision B—Variation of approved export program
9 36 Holder may apply for approval of variation of approved export program
9 37 Secretary may require holder to vary approved export program
9 38 When approved export program includes a variation
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Subdivision C—Suspension of approved export program
9 39 Holder may request suspension of approved export program
9 40 Request to revoke suspension
9 41 Secretary may suspend approved export program
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Subdivision D—Revocation of approved export program
9 42 Holder may request revocation of approved export program
9 43 Secretary may revoke approved export program
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Subdivision E—Copies of approved export program
9 43A Holder must provide copies of approved export program
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Division 3—Secretary’s approved export programs
9 44 Approvals of programs of export operations to be undertaken by authorised officers
9 45 Period of effect of approved export program
9 46 Secretary may vary approved export program
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Division 4—Other powers of Secretary
9 47 Secretary may give direction to exporter in relation to implementation of approved export program
9 48 Secretary may publish information in records and reports in relation to approved export programs
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Division 5—Other provisions
9 49 Circumstances in which exporter must allow accredited veterinarian or authorised officer to accompany livestock
9 50 Inconsistency between Secretary’s approved export program and exporter’s approved export program
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Part 5—Powers of the Secretary
9 51 Powers of Secretary that must not be delegated
9 52 Powers of Secretary that must not be subdelegated
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Part 6—Functions and powers of authorised officers
9 53 Purpose of this Part
9 54 Power to give orders in relation to prescribed livestock for export
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Chapter 10—Compliance and enforcement
10 1 Samples taken in exercising monitoring or investigation powers
10 2 Dealing with things seized in exercising investigation powers
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Chapter 11—Miscellaneous
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Part 1—Review of decisions
11 1 Reviewable decisions
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Part 2—Records
11 2 Purpose of this Part
11 3 General requirements for records
11 4 Government certificates
11 5 Export permits
11 6 Records to be retained by exporter
11 7 Records to be retained by occupier of registered establishment
11 8 Records to be retained by holder of approved arrangement
11 9 Records relating to official marks
11 10 Records relating to official marking devices
11 11 Records must not be altered or defaced during retention period
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Part 3—Samples
11 12 Storage of samples
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Part 4—Damaged or destroyed prescribed livestock, prescribed live animals or prescribed animal reproductive material
11 13 Division of compensation between owners
11 14 Amount of compensation
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Part 5—Relevant Commonwealth liabilities
11 15 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
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Part 6—Miscellaneous
11 16 Collection of information from agriculture regulators
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Chapter 12—Application, saving and transitional provisions
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Part 1—Preliminary
12 1 Definitions
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Part 2—Registered establishments
12 2 Application to alter operations manual made, but not decided, before commencement time
12 3 Direction given to operator of registered premises before commencement time to alter operations manual
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Part 3—Livestock export licences: exporter supply chain assurance systems
12 4 ESCAS approved before commencement time
12 5 Request to vary ESCAS made before commencement time
12 6 Variation of approved ESCAS required by Secretary before commencement time
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Part 4—Other matters relating to export
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Division 1—Notices of intention to export
12 7 Notice of intention to export consignment of livestock approved, but consignment not exported, before commencement time
12 8 Approval of premises for pre export quarantine or isolation of consignment of livestock given before commencement time
12 9 Notice of intention to export consignment of live animals approved, but consignment not exported, before commencement time
12 10 Approval of premises for pre export quarantine or isolation of consignment of live animals given before commencement time
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Division 2—Official marks
12 11 Person approved before commencement time to manufacture an official mark
12 12 Person approved before commencement time to possess an official mark
12 13 Person approved before commencement time to apply an official mark
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Division 3—Official marking devices
12 14 Person approved before commencement time to manufacture an official marking device
12 15 Person approved before commencement time to possess an official marking device
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Part 5—Powers and officials
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Division 1—Accredited veterinarians
12 16 Accreditations of veterinarians in force immediately before commencement time
12 17 Application for accreditation of veterinarian made, but not decided, before commencement time
12 18 Notice requiring accredited veterinarian to undertake further training given before commencement time
12 19 Application to vary accreditation made, but not decided, before commencement time
12 20 Notice of varied conditions of accreditation given before commencement time to take effect after that time
12 21 Suspension of accreditation
12 22 Revocation of accreditation
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Division 2—Approved export programs
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Subdivision A—Exporter’s approved export programs
12 23 Exporter’s approved export program in force immediately before commencement time
12 24 Application for approval of program of export operations made, but not decided, before commencement time
12 25 Variation of approved export program
12 26 Approved export program suspended before commencement time
12 27 Request by holder of approved export program to cancel suspension
12 28 Request to suspend approved export program made, but not decided, before commencement time
12 29 Cancellation of approved export program
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Subdivision B—Secretary’s approved export programs
12 30 Secretary’s approved export program in force immediately before commencement time
12 31 Variation of approved export program before commencement time to take effect after commencement time
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Part 6—Amendments made by the Export Control (Animals) Amendment (Northern Hemisphere Summer Prohibition) Rules 2022
12 32 Application of amendments
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Part 7—Amendments made by the Export Control (Animals) Amendment (Northern Hemisphere Summer Conditions) Rules 2023
12 33 Application of amendments
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Part 8—Amendments made by the Export Control (Animals) Amendment (Improving Regulatory Outcomes) Rules 2023
12 34 Definitions
12 35 Conditions of approved arrangements
12 36 Conditions of livestock export licence—orders made by authorised officers
12 37 Revocation of approved ESCAS
12 38 Revocation of approval of notice of intention to export consignment
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history