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Export Control (Animals) Amendment Order 2006 (No. 1)

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Export Control (Animals) Amendment Order 2006 (No. 1)
I, PETER JOHN McGAURAN, Minister for Agriculture, Fisheries and Forestry, make this Order under regulation 3 of the Export Control (Orders) Regulations 1982.
Dated 9 July 2006
PETER McGAURAN
Minister for Agriculture, Fisheries and Forestry
 
1              Name of Amendment Order
                This Amendment Order is the Export Control (Animals) Amendment Order 2006 (No. 1).
2              Commencement
                This Amendment Order commences on the day after it is registered.
3              Amendment of Export Control (Animals) Order 2004
                Schedule 1 amends the Export Control (Animals) Order 2004.
4              Transitional
         (1)   For this section:
principal Order means the Export Control (Animals) Order 2004, as in force immediately before the commencement of this Order.
         (2)   Paragraph 2.04 (3) (c) of the principal Order continues to apply to an application for registration of premises under Division 2.2 that was lodged with the Secretary before the commencement of this Order, unless:
                 (a)     the Secretary has requested, in writing, from the applicant information in relation to any enclosed sheds proposed to be used by the applicant; and
                (b)     the applicant does not comply with the request within 2 months of the request being made.
         (3)   For registered premises registered before the commencement of this Order, it is a condition of continued registration that the operator of the registered premises send to the Secretary, on the Secretary’s written request, the details of dimensions, ventilation and flooring of any enclosed sheds on the premises.
Schedule 1        Amendments
(section 3)
  
[1]           Reader’s guide
substitute
Reader’s guide
This Order sets out the arrangements for the export of live animals (including live‑stock) and animal reproductive material. It is made under regulation 3 of the Export Control (Orders) Regulations 1982.
2.         This Reader’s Guide is not part of this Order, but is provided to give a general guide only.
3.         In this Order, ‘live‑stock’ means cattle, sheep, goats, deer, buffalo and camelids (that is, camels, llamas, alpacas and vicuñas), including the young of each of those kinds of animal.
4.         This Order deals separately with live‑stock export by sea (Part 2), the export of other live animals by any means and live‑stock export by air (Part 3), and animal reproductive material (Part 4). The remaining Parts (Parts 1, 5 and 6) deal respectively with introductory matters such as definitions (Part 1), audit of registered premises, accredited veterinarians and exporters (Part 5) and miscellaneous matters (Part 6).
5.         This Order is not the whole of Australian law regarding the export of live animals and animal reproductive material. This Order is made under the Export Control Act 1982 and the Export Control (Orders) Regulations 1982. In the case of live‑stock, the Australian Meat and Live‑stock Industry Act 1997 requires an exporter of live‑stock to hold a live‑stock export licence, and instruments made under it may be relevant. In the case of a live native animal or animal reproductive material from a native animal, the Environment Protection and Biodiversity Conservation Act 1999 and instruments made under it (including the Environment Protection and Biodiversity Conservation Regulations 2000) may be relevant.
6.         It is also necessary to be familiar with some parts of the Prescribed Goods (General) Orders 1985, which are referred to a number of times in this Order.
Export of live‑stock by sea
7.         Briefly, the administrative steps in the process of an export of live‑stock by sea are as follows:
                  ·    the exporter gives the Secretary a notice of intention to export (NOI) and a consignment risk management plan (CRMP) for the export
                  ·    the Secretary approves the NOI and CRMP
                  ·    the exporter sources the live‑stock
                  ·    the live‑stock are treated and tested in accordance with the Australian Standards for the Export of Live‑stock and the importing country’s requirements
                  ·    the live‑stock are held in pre‑export quarantine or isolation at registered premises in the way that, and for as long as, the importing country requires
                  ·    before, during or after treatment and testing, the live‑stock are assembled at registered premises (for how premises are registered, see Division 2.2)
                  ·    after the live‑stock are assembled at the registered premises, and before they leave, the exporter arranges for them to be inspected by an AQIS authorised officer (a health certificate is prepared for them, if required by the importing country, at this stage, but is not issued till an export permit is issued)
                  ·    an AQIS officer then issues a permission to leave for loading, which authorises the exporter to take the live‑stock from the registered premises and load them on board a ship for export
                  ·    the live‑stock are loaded in accordance with the approved travel and loading plan, the health certificate is issued and an export permit issued.
8.         Each step in the process is conditional on all the previous steps having been properly carried out. The export of live‑stock by sea is prohibited unless the export permit is issued (see section 2.02 of this Order and sections 7, 8 and 25 of the Export Control Act 1982).
Export of other live animals and export of live‑stock by air
9.         The process for export of a live animal that is not ‘live‑stock’ and the export of live‑stock by air is simpler because the animals are normally exported in small numbers at a time, and the animals are often of high value individually, so that each animal can be looked after individually. Common examples are:
                  ·    companion animals such as cats and dogs
                  ·    racehorses being exported either for competition or for breeding
                  ·    live‑stock being exported for breeding
                  ·    native animals being exported for zoological purposes.
10.       The requirements for an export of a live animal that is not live‑stock, or an export of live‑stock by air, do not include export of cold‑blooded animals such as insects and fish unless an importing country requires certification by a government agency of the exporting country in relation to the export of the animals.
11        Briefly, the administrative steps in the process of an export of a live animal that is not live‑stock, or an export of live‑stock by air, are:
                  ·    the exporter gives the Secretary a notice of intention to export (NOI) for the export (if the importing country requirements require the animal to be held in particular premises before export, the NOI also acts as a request to approve the premises at which the animal will be prepared for export)
                  ·    the animal is treated and tested in accordance with the importing country’s requirements
                  ·    for an export of live‑stock by air, the animal may also need to be prepared in accordance with an approved export program
                  ·    the animal is held in the premises in the way that, and for as long as, the importing country requires
                  ·    an AQIS authorised officer prepares a health certificate for the animal if the importing country requires one
                  ·    the animal is loaded and the health certificate and export permit are issued to the exporter.
12.       Each step in the process is conditional on all the previous steps having been properly carried out. The export of live animals, or the export of live‑stock by air, is prohibited unless the export permit is issued (see section 3.03 of this Order and sections 7, 8 and 25 of the Export Control Act 1982).
13.       A permission may also be required under another Commonwealth law — for example, in the case of a native animal, a permit may be required under the Environment Protection and Biodiversity Conservation Act 1999.
Export of animal reproductive material
14.       Animal reproductive material includes embryos, eggs or ova, semen, and anything else from which a complete live animal could be produced. Briefly, the administrative steps in the process of an export of animal reproductive material are as follows:
                  ·    the material is collected in the way that the importing country requires (the requirements may include pre‑export quarantine or isolation, treatment or testing of the animal from which the material is derived)
                  ·    the exporter arranges for it to be inspected by an AQIS authorised officer and a health certificate (if required) is issued for it
                  ·    an export permit is issued.
15.       Each step in the process is conditional on all the previous steps having been properly carried out. The export of animal reproductive material is prohibited unless the export permit is issued (see section 4.01 of this Order and sections 7, 8 and 25 of the Export Control Act 1982). Note that this Order does not deal with the collection of the material, which is regulated under State and Territory law. An export permit will not be issued unless an authorised officer is satisfied that the material was collected in compliance with the applicable State or Territory law (see section 4.04).
16.       As in the case of live animal exports, a permission may also be required under another Commonwealth law — for example, in the case of reproductive material derived from a native animal, a permit may be required under the Environment Protection and Biodiversity Conservation Act 1999.
[2]           Subsection 1.05 (1), before the definition of animal reproductive material
insert
AMLI Act means the Australian Meat and Live‑stock Industry Act 1997.
[3]           Subsection 1.05 (1), after the definition of exporter
insert
live‑stock means cattle, sheep, goats, deer, buffalo and camelids (that is, camels, llamas, alpacas and vicuñas), and includes the young of an animal of any of those kinds.
[4]           Part 2, heading
substitute
Part 2                 Export of live‑stock by sea
[5]           After section 2.01
insert
2.01A      Application of this Part
                A reference to the export of live‑stock in this Part is a reference to the export of live‑stock by sea.
[6]           Section 2.01, definition of AMLI Act
omit
[7]           Section 2.01, definition of live‑stock
omit
[8]           Section 2.01, before definition of registered premises
insert
enclosed shed means an enclosure for animals that has, at least, a structure providing overhead covering for the animals and may or may not have walls and windows.
[9]           Paragraph 2.02 (h)
omit
ship or aircraft,
insert
ship,
[10]         Paragraph 2.04 (3) (c)
omit
points; and
insert
points and, for enclosed sheds, details of dimensions, ventilation and flooring; and
[11]         Paragraph 2.05 (k)
substitute
               (k)    disposal of animal wastes and the maintenance of sanitation in the yards or sheds used to hold animals;
                 (l)    making and storing records of action taken in compliance with the manual.
[12]         Paragraph 2.07 (1) (i)
substitute
                 (i)    for an enclosed shed, whether the dimensions, ventilation and flooring are adequate for the species proposed to be held in the shed; and
                (j)    whether the operations manual sets out the operations to occur at the premises, including supervision and record‑keeping arrangements, in sufficient detail and with sufficient clarity to enable effective monitoring and audit of the operations.
[13]         Subsection 2.07 (2)
substitute
         (2)   The Secretary may take into account:
                (a)    the extent to which the premises’ operations manual and facilities comply with the Australian Standards for the Export of Live‑stock; and
               (b)    any other matters that may have adverse health or welfare consequences for animals at the premises, or that make the premises unsuitable for holding and assembling of animals for export.
[14]         Paragraph 2.10 (1) (f)
omit
[15]         Paragraph 2.10 (4) (e)
omit
prepared
insert
assembled
[16]         Subsection 2.12 (1)
omit
for a further period within a reasonable time
insert
no later than 1 month
[17]         Subsection 2.12 (2)
omit
2.08
insert
2.09
[18]         Subsections 2.14 (4) and (5)
substitute
         (4)   The notice must invite the operator to show cause in writing, within 14 days of service of the notice, why the registration should not be cancelled.
         (5)   The Secretary may suspend the registration if the suspension is to:
                (a)    protect Australia’s trading relationship with an importing country; or
               (b)    protect the health or welfare of animals to be exported.
         (6)   A show‑cause notice may include notice to an operator that a decision has been taken under subsection (5) to suspend the registration.
[19]         Subparagraph 2.41 (2) (b) (v)
omit
or flight
[20]         Subparagraph 2.42 (2) (d) (i)
omit
or aircraft
[21]         Subsection 2.44 (2)
omit
whether the NOI
insert
whether the export proposed in the NOI
[22]         Subsection 2.45 (1)
omit
or flight
[23]         Paragraph 2.45 (3) (d)
omit
or aircraft
[24]         Paragraph 2.45 (3) (l)
omit
those requirements.
insert
those requirements;
[25]         After paragraph 2.45 (3) (l)
insert
               (m)    details of any conditions imposed by the Secretary under subsection 2.44 (4).
[26]         Paragraph 2.48 (2) (c)
omit
or aircraft
[27]         Division 2.5, heading
substitute
Division 2.5           Inspection of live‑stock before export and grant of export permit
[28]         Subparagraph 2.52 (2) (c) (ii)
substitute
                         (ii)    if the export is covered by an approved export program, a declaration by an accredited veterinarian that the live‑stock have been prepared for export in accordance with the program; and
[29]         Subsection 2.54 (1)
omit
or aircraft
[30]         Paragraph 2.54 (3) (a)
omit
[31]         After subsection 2.54 (3A)
insert
      (3B)   For paragraph (3) (g), an authorised officer may be satisfied live‑stock are fit to undertake a proposed export voyage without needing to be assured of the fitness of every animal in a herd.
[32]         Paragraph 2.54 (6) (c)
omit
or aircraft
[33]         Paragraph 2.54 (6) (d)
omit
ship or aircraft;
insert
ship;
[34]         Subsection 2.58 (1)
substitute
         (1)   After the live‑stock are loaded on board a ship for export, the exporter may apply to the Secretary for an export permit for the export of the live‑stock by sea.
[35]         Subsection 2.59 (1)
omit
issue
insert
grant
[36]         Paragraph 2.59 (1) (a)
omit
ship or aircraft; and
insert
ship; and
[37]         Subsection 2.59 (2)
omit
issue
insert
grant
[38]         Paragraph 2.59 (3) (b)
substitute
               (b)    must state the date on which it was granted; and
[39]         Paragraph 2.59 (3) (e)
omit
ship or flight on
insert
ship on
[40]         Subsection 2.59 (6)
omit
issued,
insert
granted,
[41]         Subsection 2.60 (1)
omit
issue
insert
grant
[42]         Paragraph 2.60 (1) (a)
omit
or aircraft
[43]         Subsections 2.60 (2) and (3)
omit
issue
insert
grant
[44]         Subsection 2.61 (7)
omit each mention of
issued
insert
granted
[45]         Part 3
substitute
Part 3                 Other export of live animals
3.01        Application of this Part
                In this Part, a reference to the export of live animals is a reference to:
                (a)    the export of live‑stock by air; and
               (b)    the export of live animals (other than live‑stock) by any means.
3.02        Definitions for this Part
                In this Part:
live animal means:
                (a)    a warm‑blooded animal intended to be exported alive; and
               (b)    if an importing country requires certification by a government agency of the exporting country in relation to any matter about an animal proposed to be exported — the animal intended to be exported alive.
port includes an airport.
voyage includes a flight.
3.03        Prohibition on export of live animals
                The export of a live animal is prohibited unless:
                (a)    an export permit has been granted, and is in effect, for the export of the animal; and
               (b)    the exporter has obtained approval of the NOI to export the animal and has complied with all conditions to which the approval is subject; and
                (c)    the animal is exported to the place specified in the export permit; and
               (d)    the exporter complies with any conditions of the export permit.
Note   For the offence of exporting prescribed goods contrary to a prohibition, see the Act, section 8. Live animals are prescribed goods — see section 1.04 of this Order.
3.04        Notices of intention to export (NOIs)
         (1)   An NOI must be in writing in the form approved by the Secretary for the purpose.
         (2)   An NOI:
                (a)    must give the basic details of the exporter including, in the case of a proposed export of live‑stock by air, the exporter’s AMLI licence number; and
               (b)    must give the following details of the export:
                          (i)    the importing country;
                         (ii)    the importer;
                         (iii)    the relevant importing country requirements relating to pre‑export quarantine or isolation, treatment and testing, and the exporter’s plans to meet those requirements;
                        (iv)    the name of the veterinarian who will assist in the preparation of the animal or animals for export;
                         (v)    how many animals are to be exported;
                        (vi)    a description of the animal, or each animal, to be exported;
                        (vii)    the travel arrangements, including details of the ship or flight, route, container specifications and feed and water arrangements;
                       (viii)    the date the animal or animals will leave Australia;
                        (ix)    the port from which it or they will leave;
                         (x)    the expected date of arrival in the importing country;
                        (xi)    the premises where the animal is, or the animals are, to be prepared for export;
                        (xii)    the expected dates of their arrival at, and departure from, the premises;
                       (xiii)    the premises where the animal or animals can be inspected by an authorised officer.
3.05        Giving NOIs to Secretary
         (1)   The NOI must be given to the Secretary no later than:
                (a)    if the importing country requirements require pre‑export quarantine or isolation of the animal or animals — 10 working days before the quarantine or isolation begins; or
               (b)    otherwise — 10 working days before the proposed export.
         (2)   Despite subsection (1), the Secretary may accept an NOI less than 10 working days before pre‑export quarantine or isolation begins, or the proposed export, as the case requires, if the Secretary thinks it reasonable to do so, having regard to the kind and number of animals to be exported and any relevant requirements of their intended destination.
3.06        Approval of premises for pre‑export quarantine or isolation
         (1)   If the importing country requirements require the animal or animals to be prepared at premises approved for pre‑export quarantine or isolation, the NOI has effect as an application for approval of the premises at which the animals are to be prepared.
         (2)   For the purposes of considering whether premises may be approved under subsection (1), the Secretary may request the applicant for the NOI:
                (a)    to provide further information; and
               (b)    to allow an authorised officer to inspect the premises.
         (3)   The criteria for the approval of premises are that the premises meet the requirements of the importing country for pre‑export quarantine or isolation.
         (4)   The Secretary may approve premises only for the period of preparation required in relation to the consignment mentioned in the NOI.
3.07        Approval of NOIs
         (1)   The Secretary may by notice in writing:
                (a)    require further information about a proposed export; or
               (b)    direct that an NOI be amended in a specified way.
         (2)   The criterion for approval of an NOI is whether the export proposed in the NOI complies with:
                (a)    the requirements of this Order; and
               (b)    in the case of an export of live‑stock by air:
                          (i)    the requirements of the AMLI Act and regulations under that Act; and
                         (ii)    orders or directions under the AMLI Act; and
                         (iii)    the conditions of the exporter’s AMLI licence; and
                        (iv)    the Australian Standards for the Export of Live‑stock; and
                (c)    the importing country requirements
         (3)   The Secretary must give written notice to the exporter of his or her decision whether or not to approve the NOI, and if the decision is a refusal, of the reasons for the decision.
         (4)   The Secretary may approve an NOI subject to a condition.
3.08        Effect of approval of NOIs
         (1)   Approval of an NOI is approval for the exporter to prepare to export the specified number and kind of animals from the specified port in Australia on the specified day on board the specified ship or flight to the specified country in compliance with the approved NOI.
         (2)   Approval of an NOI for a proposed export does not oblige the Secretary to grant an export permit for the export.
3.09        What happens if circumstances change
         (1)   If there is a relevant change in any circumstance of the export, the exporter must inform the Secretary in writing before proceeding any further with the preparation of the animal or animals for export.
         (2)   If the Secretary has been informed by an exporter, or has otherwise become aware, of a change relevant to a proposed export, the Secretary may, by notice in writing to the exporter, do any 1 or more of the following:
                (a)    cancel any approval already granted of the NOI for the proposed export;
               (b)    direct that the approved NOI is to be varied in a specified manner;
                (c)    require the exporter to submit a new NOI.
3.10        Approved export programs for live‑stock exported by air
         (1)   An approved export program for the export of live‑stock by air may include requirements about any 1 or more of the following matters:
                (a)    pre‑export quarantine or isolation, treatment and testing of the live‑stock, as required by the importing country requirements and the Australian Standards for the Export of Live‑stock;
               (b)    obligations on an accredited veterinarian to report on the program, keep records, make declarations and provide supporting documentation in relation to compliance with the program.
         (2)   The Secretary may approve an export program for an export of live‑stock by air based on the information contained in the relevant NOI and any other information that the Secretary has regarding the importing country requirements and the Australian Standards for the Export of Live‑stock.
         (3)   The Secretary must give a copy of the approved export program to the exporter concerned and may give a copy to the accredited veterinarian nominated by the exporter.
         (4)   The exporter must give a copy of the approved export program to the accredited veterinarian nominated by the exporter.
3.11        Variation of approved export programs for live‑stock
         (1)   The Secretary may vary an approved export program for an export of live‑stock by air if:
                (a)    the importing country requirements have relevantly changed; or
               (b)    the standards of the Australian Standards for the Export of Live‑stock have relevantly changed; or
                (c)    any other relevant circumstance has changed; or
               (d)    the Secretary is of the opinion that the variation is necessary to maintain the health or welfare of the relevant live‑stock; or
                (e)    the exporter or accredited veterinarian concerned so requests.
         (2)   In considering whether to approve a variation requested by an exporter or accredited veterinarian, the Secretary must have regard to:
                (a)    the importing country requirements; and
               (b)    the relevant standards of the Australian Standards for the Export of Live‑stock; and
                (c)    the health and welfare of the live‑stock concerned; and
               (d)    any other relevant circumstance.
         (3)   If the Secretary varies an approved export program, he or she must give a copy of the approved export program, as so varied, to the exporter concerned, and may give a copy to the accredited veterinarian nominated by the exporter.
         (4)   The exporter must give a copy of the approved export program, as so varied, to the accredited veterinarian nominated by the exporter.
3.12        Suspension or cancellation of approved export programs for live‑stock
         (1)   The Secretary may suspend or cancel the approval of an export program for the export of live‑stock by air if:
                (a)    the importing country requirements have relevantly changed; or
               (b)    the standards of the Australian Standards for the Export of Live‑stock have relevantly changed; or
                (c)    any other relevant circumstance has changed; or
               (d)    the Secretary is of the opinion that the suspension or cancellation is necessary to maintain the health or welfare of the relevant live‑stock.
         (2)   If the Secretary suspends or cancels an approved export program, he or she must give written notice of the suspension or cancellation, including a statement of the reasons for doing so, to the exporter concerned, and may give a copy of the notice to the accredited veterinarian nominated by the exporter.
         (3)   The exporter must give a copy of the notice to the accredited veterinarian nominated by the exporter.
3.13        Payment of costs of authorised officers etc
         (1)   An exporter must pay the reasonable costs of any activities undertaken by an authorised officer under section 9D or 9E of the Act in relation to an approved export program of the exporter.
         (2)   For subsection (1):
costs includes the cost of the officer’s salary, transport and accommodation.
         (3)   An amount payable by an exporter under subsection (1) is a debt due to the Commonwealth.
3.14        Health certificates
         (1)   A health certificate for an animal is a certificate, issued by an authorised officer, that the animal meets an importing country’s requirements relating to the animal’s health.
         (2)   A health certificate:
                (a)    must be in a form approved by the Secretary; and
               (b)    must be signed by the authorised officer who issues it; and
                (c)    must bear the identity number of the authorised officer who issues it; and
               (d)    must state its date of issue; and
                (e)    must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods — General) Order 2005; and
                (f)    may contain any information required by a competent authority of the importing country.
         (3)   Before issuing a health certificate, an authorised officer may consider information provided by an exporter under subparagraphs 3.04 (2) (b) (iii), (v), (vi), (vii) and (xii) in relation to the health of an animal.
         (4)   When issuing a health certificate, an authorised officer must consider any condition attaching to the NOI approved in relation to export of the animal.
3.15        Grant of export permit for export of live animals
         (1)   If the Secretary is satisfied that:
                (a)    the exporter has given the Secretary an NOI about the export in accordance with section 3.04; and
               (b)    the Secretary has approved the NOI; and
                (c)    the exporter has complied with any conditions of the approval; and
               (d)    if a health certificate for the animal or animals is required, such a certificate has been issued; and
                (e)    any other importing country requirement has been met; and
                (f)    in the case of an export of live‑stock by air:
                          (i)    the exporter has complied with any regulations or orders under the AMLI Act, and any conditions of the live‑stock export licence; and
                         (ii)    if the export is covered by an approved export program, an accredited veterinarian has declared in writing that the live‑stock have been prepared for export in accordance with the program; and
                (g)    the animal is, or the animals are, fit enough to undertake the proposed export voyage without any significant impairment of its or their health; and
                (h)    the travel arrangements are adequate for its or their health and welfare; and
                 (i)    if another Commonwealth law requires the exporter to hold an authorisation (whatever it is called) for the export, the exporter holds such an authorisation;
the Secretary must grant an export permit for the proposed export.
Note for paragraph (i)   Under the Environment Protection and Biodiversity Conservation Act 1999, a permit may be required for the export of a live Australian native animal.
         (2)   For the purposes of deciding whether an animal is fit enough to undertake an export voyage without any significant impairment of its health, and whether the travel arrangements are adequate for its health and welfare, the matters that the Secretary may take into consideration include the following:
                (a)    the animal’s general condition;
               (b)    the nature of the accommodation, feed and water for it on the ship or aircraft on which it is to be transported overseas;
                (c)    if any other animal is to be transported with it, that animal’s or those animals’ species, health and general condition;
               (d)    the conditions that the animal will be likely to encounter during the export voyage.
         (3)   An export permit:
                (a)    must be in a form approved by the Secretary; and
               (b)    must state the date it was granted; and
                (c)    must state the number, kind and class of animals authorised to be exported; and
               (d)    must specify the place to which the animals are authorised to be exported; and
                (e)    must specify the ship or flight on board which the animals are authorised to be exported; and
                (f)    must be signed by an authorised officer; and
                (g)    must bear the identity number of the authorised officer who signed it; and
                (h)    must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods — General) Order 2005; and
                 (i)    may contain any information required by the country to which the animals are to be exported.
         (4)   A health certificate and an export permit may be combined in 1 document.
         (5)   It is a condition of an export permit that the animal or animals to which it applies must leave Australia within 72 hours after it is granted, unless the Secretary approves otherwise.
         (6)   An export permit may be subject to such other conditions as the Secretary thinks fit.
3.16        Refusal to grant permit
         (1)   The Secretary may refuse to grant an export permit if the permit would, if granted, have allowed the animal or animals concerned:
                (a)    to be carried on a ship or aircraft the condition of which there is reason to believe caused the health or condition of an animal to deteriorate during an export voyage; or
               (b)    to be consigned to a person whose actions there is reason to believe have caused the health or condition of an animal to deteriorate during export; or
                (c)    to be exported by a person whose actions there is reason to believe have caused the health or condition of an animal to deteriorate during export.
         (2)   The Secretary may refuse to grant the export permit if there is reason to believe that the intended country of destination will not permit the relevant animal or animals to enter.
         (3)   If the Secretary refuses to grant an export permit, the Secretary must give the applicant written notice of the refusal.
         (4)   The notice must set out the reasons for the refusal.
3.17        Revocation of export permits
         (1)   If there is reason to believe that a condition of an export permit has not been complied with, or that a relevant circumstance has changed, the Secretary may revoke the permit.
         (2)   If there is reason to believe that, in relation to an export of live‑stock by air to which an export permit applies, an exporter has not complied with:
                (a)    any conditions to which a live‑stock export licence for the live‑stock under the AMLI Act was subject; and
               (b)    any requirements under that Act that otherwise relate to the export of the live‑stock;
the Secretary may revoke the permit.
         (3)   The Secretary must revoke an export permit if the holder requests the Secretary in writing to do so.
         (4)   If the Secretary revokes an export permit otherwise than at the request of the holder, the Secretary must give the holder written notice of the revocation.
         (5)   The notice must set out the reasons for the revocation.
         (6)   The Secretary may, but is not obliged to, grant another export permit subject to a different condition or an additional condition, or authorising export to a different destination.
         (7)   If an export permit granted under subsection (6) is subject to a condition to which the revoked export permit was not subject, the Secretary must give the person to whom the new export permit is granted written notice of the reasons for imposing the new condition.
[46]         Paragraph 4.01 (a)
omit
issued,
insert
granted,
[47]         Paragraph 4.04 (2) (b)
substitute
               (b)    must state the date on which it was granted; and
[48]         Subsection 4.04 (4)
omit
issued,
insert
granted,