Export Control (Animals) Amendment Order 2006 (No. 3)
I, PETER JOHN McGAURAN, Minister for Agriculture, Fisheries and Forestry, make this Order under regulation 3 of the Export Control (Orders) Regulations 1982.
Dated 2 November 2006
PETER JOHN McGAURAN
Minister for Agriculture, Fisheries and Forestry
1              Name of Amendment Order
                This Amendment Order is the Export Control (Animals) Amendment Order 2006 (No. 3).
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.
Schedule 1        Amendments
(section 3)
  
[1]           Reader’s Guide, paragraph 4
substitute
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), animal reproductive material (Part 4) and accreditation of veterinarians for live‑stock export (Part 4A). 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).
[2]           Division 2.3
omit
[3]           After Part 4
insert
Part 4A               Accreditation of veterinarians for live‑stock export
4A.01      Definitions
                In this Part:
serious offence has the same meaning as it has in the Export Control (Prescribed Goods — General) Orders 2005.
veterinarian means a person who is registered under the law of a State or Territory as a veterinarian, veterinary practitioner or veterinary surgeon.
4A.02      Accredited veterinarians
                For section 9B of the Act, a veterinarian is an accredited veterinarian for a State or Territory if he or she has been given a notice of accreditation for the State or Territory, by the Secretary, for the purposes of this section.
4A.03      Certain veterinarians taken to be accredited
                For section 9B of the Act, a veterinarian whose name is, at the commencement of this Part, on the list of accredited veterinarians held by AQIS, is taken to be an accredited veterinarian for 6 months after that commencement.
4A.04      Application for accreditation
         (1)   A person must have successfully completed the training programs known as the ‘Initial Accreditation Training Program of the Accreditation Training Program for Australian Veterinarians’ and the ‘AQIS Accredited Veterinarian Program’ before he or she applies for accreditation as a veterinarian.
Note 1   For information about how to undertake the Initial Accreditation Training Program of the Accreditation Training Program for Australian Veterinarians, email Animal Health Australia at trainingsupport@animalhealthaustralia.com.au.
Note 2   For information about how to undertake the AQIS Accredited Veterinarian Program, email AQIS at animalexp@aqis.gov.au.
         (2)   Subject to section 4A.13, an application for accreditation must be made to the Secretary in the approved form and must set out:
                (a)    the applicant’s name;
               (b)    the applicant’s address;
                (c)    the applicant’s date of birth;
               (d)    contact details for the applicant (including, at least, a contact phone number and, if available, a facsimile number and email address);
                (e)    whether the applicant seeks accreditation to provide pre‑export preparation services, shipboard services, or both in relation to approved export programs;
                (f)    the States and Territories for which the applicant seeks accreditation;
                (g)    if the veterinarian has applied for accreditation for pre‑export preparation services — proof of registration as a veterinarian in each State and Territory for which the applicant wishes to be accredited;
                (h)    if the veterinarian has applied for shipboard accreditation — a declaration that the applicant is an Australian citizen and proof of registration as a veterinarian in Australia.
4A.05      Period of accreditation
                Accreditation of a veterinarian is for 1 year from the date of the notice of accreditation unless the accreditation is earlier withdrawn at the request of the veterinarian or revoked.
4A.06      Type of accreditation
         (1)   If a person applies for accreditation as mentioned in section 4A.04, the Secretary may accredit a veterinarian:
                (a)    to provide pre‑export preparation services under approved export programs; or
               (b)    to provide shipboard services under approved export programs; or
                (c)    to provide both services.
         (2)   The Secretary may accredit a veterinarian subject to one or more conditions including conditions specifying the frequency and intensity of audit.
         (3)   The Secretary may, by 7 days written notice, add, vary or remove conditions of the accreditation of a veterinarian if such action is reasonable in the circumstances.
4A.07      Decision to accredit
         (1)   The Secretary may accredit a veterinarian if the veterinarian has satisfactorily completed the following 2 training programs:
                (a)    Initial Accreditation Training Program of the Accreditation Training Program for Australian Veterinarians;
               (b)    AQIS Accredited Veterinarian Program;
and has met all other requirements in relation to an application for accreditation.
         (2)   The Secretary may publish a list of accredited veterinarians from time to time.
Note   A list is available at http://www.aqis.gov.au/accreditedveterinarians.
4A.08      Variation of accreditation
                An accredited veterinarian may apply to the Secretary for the accreditation to be varied by giving the Secretary any further information that would be required in an initial application for the accreditation as so varied.
4A.09      Other conditions of accreditation
         (1)   The Secretary may, by notice in writing given to an accredited veterinarian, require the veterinarian to undertake specified further training if it is likely to improve veterinarian services to approved export programs.
         (2)   It is a condition of the veterinarian’s accreditation that he or she successfully completes the training.
         (3)   It is a condition of a veterinarian’s accreditation that the veterinarian comply with the activities he or she is required to undertake in relation to all approved export programs for which the veterinarian is the accredited veterinarian.
4A.10      Revocation and suspension of accreditation
         (1)   The grounds for suspension or revocation of the accreditation of a person as an accredited veterinarian are that he or she:
                (a)    has provided false or misleading information in his or her application for accreditation; or
               (b)    has ceased to be registered as a veterinarian in the State or Territory for which the veterinarian is accredited; or
                (c)    has failed to comply with a condition of his or her accreditation; or
               (d)    has failed to comply with a direction under subsection 9E (2) of the Export Control Act 1982 to remedy a deficiency in relation to an approved export program; or
                (e)    has been convicted of a serious offence of a kind that diminishes the confidence the Secretary could place in the person as an accredited veterinarian; or
                (f)    has failed to keep records in compliance with section 4A.14; or
                (g)    has failed to make reports on voyages in compliance with section 4A.15.
         (2)   Subject to section 4A.11, if:
                (a)    the Secretary has reasonable grounds for believing that any of the grounds set out in subsection (1) apply to an accredited veterinarian; and
               (b)    the Secretary considers the grounds justify taking action to suspend or revoke the accreditation of the veterinarian;
the Secretary must, before taking action, give a written notice to the veterinarian directing him or her to show cause why his or her accreditation should not be revoked or suspended.
         (3)   The notice under subsection (2) must set out:
                (a)    whether the Secretary is proposing to revoke or suspend the accreditation of the veterinarian; and
               (b)    the period in which the veterinarian has to respond to the Secretary’s request under subsection (2) and a statement that if the Secretary does not receive a response within that period, the suspension or revocation will take effect on the date specified in the notice; and
                (c)    the date that the suspension or revocation will come into effect if the Secretary does not receive a response as mentioned in paragraph (b); and
               (d)    if the Secretary is proposing to suspend the accreditation, the proposed period of suspension; and
                (e)    the grounds on which the Secretary proposes to take the action; and
                (f)    a statement of the veterinarian’s rights under section 6.03.
         (4)   If, at the end of the period referred to in paragraph (3) (b), the veterinarian has not responded to the Secretary’s request, the suspension or revocation takes effect as specified in the notice.
         (5)   If, before the end of the period referred to in paragraph (3) (b), the veterinarian responds to the Secretary’s request, the Secretary must consider the response in making his or her decision to suspend or revoke the veterinarian’s accreditation.
         (6)   If the Secretary decides, after considering the response, to proceed with the suspension or revocation, the Secretary must give the veterinarian a further notice that sets out:
                (a)    that the accreditation of the veterinarian is revoked or suspended, as the case may be; and
               (b)    the date that the suspension or revocation comes into effect; and
                (c)    if the accreditation is suspended, the period of suspension; and
               (d)    the grounds for the action; and
                (e)    a statement of the veterinarian’s rights under section 6.03.
         (7)   The suspension or revocation has effect at the date specified in the notice under subsection (6).
         (8)   The Secretary may revoke a suspension of accreditation, at any time, by written notice given to the person concerned.
4A.11      Immediate suspension of accreditation in some circumstances
         (1)   If:
                (a)    the Secretary has reasonable grounds for believing that there are urgent grounds for suspending the accreditation of a person as an accredited veterinarian; and
               (b)    the Secretary considers the grounds justify taking urgent action under this section to suspend the accreditation of the veterinarian;
the Secretary must, before suspending the accreditation, give a written notice to the veterinarian that sets out:
                (c)    that the accreditation of the veterinarian is suspended; and
               (d)    the date that the suspension will come into effect; and
                (e)    the period of suspension; and
                (f)    the Secretary’s grounds for the suspension; and
                (g)    a statement of the veterinarian’s rights under section 6.03.
         (2)   The suspension has effect from the date specified in the notice.
         (3)   The Secretary may revoke a suspension of accreditation, at any time, by written notice given to the person concerned.
         (4)   In this section, urgent grounds, in relation to an accredited veterinarian mean:
                (a)    any of the grounds set out in paragraphs 4A.10 (1) (a), (b) or (e) in relation to the veterinarian; or
               (b)    that the veterinarian is:
                          (i)    failing to keep records or make reports in accordance with paragraph 4A.10 (1) (f) or (g); or
                         (ii)    failing to comply with the condition of accreditation set out in subsection 4A.09 (3), being a failure to comply with an approved export program;
                        and the veterinarian has previously failed to keep such records, make such reports or comply with such conditions.
4A.12      Effect of suspension
         (1)   A veterinarian is taken not to be accredited during any period that accreditation is suspended.
         (2)   The accreditation of a veterinarian cannot be renewed while the accreditation is suspended.
         (3)   A suspension:
                (a)    remains in force for such period (not longer than 28 days) as is specified in the notice; and
               (b)    cannot be extended.
4A.13      Reinstatement after revocation
         (1)   A veterinarian whose accreditation has been revoked may apply for accreditation only with the written permission of the Secretary.
         (2)   The Secretary may permit a veterinarian whose accreditation has been revoked to reapply for accreditation if the Secretary considers that the veterinarian is likely to comply with this Order if accredited.
4A.14      Accredited veterinarians to keep certain records
         (1)   The accredited veterinarian nominated by an exporter to undertake an approved export program must keep records of the following in relation to the program:
                (a)    if the veterinarian administers or supervises any veterinary examination or treatment, or testing, of the live‑stock to be exported:
                          (i)    what the examination, treatment or testing was; and
                         (ii)    the date on which, and the place at which, it was administered or supervised;
               (b)    in relation to a treatment involving the administration of a drug or product:
                          (i)    the name of the active constituent in the drug or product; and
                         (ii)    the dosage of the drug or product given to the live‑stock;
                (c)    the results of any testing undertaken;
               (d)    pre‑export quarantine or isolation of the live‑stock, including the length and conditions of the quarantine or isolation;
                (e)    sufficient information to identify (either generally or specifically, as required by the relevant importing country protocol) the live‑stock examined, treated, tested, or subjected to pre‑export quarantine or isolation.
Note   Failure to keep such a record is an offence — see the Act, subsection 9G (1).
         (2)   The accredited veterinarian must also keep the invoice received upon purchase for a drug or product administered to the live‑stock.
         (3)   The accreditation of a veterinarian is subject to the following conditions:
                (a)    that he or she must keep copies of all documents given to him or her in connection with a consignment of live‑stock for at least 2 years after the consignment leaves the premises at which they are held and assembled for export;
               (b)    that if the Secretary so requests in writing, he or she must produce to the Secretary any document referred to in paragraph (a), and specified or described in the request, within 14 days of the request, or such lesser period as the Secretary may specify.
4A.15      Reports by accredited veterinarians on voyages
         (1)   If the accredited veterinarian nominated by an exporter to undertake an approved export program travels with the live‑stock on the export voyage, the veterinarian must make a written report to the Secretary, in the form approved by the Secretary for the purpose.
Note   Failure to make such a report is an offence — see the Act, subsection 9G (1).
         (2)   The veterinarian must make the report daily unless the Secretary directs the veterinarian in writing otherwise.
         (3)   The approved form may require information about the following matters:
                (a)    the temperature on board the vessel;
               (b)    the humidity on board the vessel;
                (c)    the wet bulb readings;
               (d)    the deck or cargo hold conditions;
                (e)    the general conditions;
                (f)    the respiratory rate and character of the live‑stock;
                (g)    whether and to what extent the live‑stock show heat stress;
                (h)    the feed and water consumption of the live‑stock;
                 (i)    a hospital pen report;
                (j)    mortality rates;
               (k)    number of live‑stock that gave birth and estimated stage of pregnancy at time of giving birth for each birth;
                 (l)    any other relevant matter.
         (4)   Within 5 working days after the end of the voyage, the veterinarian must make a written report to the Secretary, in the form approved by the Secretary for the purpose, setting out:
                (a)    the name of the exporter; and
               (b)    the month and year in which the loading of the live‑stock was completed; and
                (c)    the port or ports at which the loading took place; and
               (d)    the port or ports at which the live‑stock were discharged; and
                (e)    the month and year in which the live‑stock were discharged at each port; and
                (f)    the duration of the voyage; and
                (g)    the type or types of live‑stock; and
                (h)    the number of each type of live‑stock loaded; and
                 (i)    the total mortality for each type of live‑stock; and
                (j)    the percentage mortality for each type of live‑stock; and
               (k)    the health and welfare of the live‑stock on the voyage; and
                 (l)    number of live‑stock that gave birth and summary information in relation to the estimated stage of pregnancy at the time of birth for those births; and
               (m)    any treatment given to the live‑stock during the voyage; and
                (n)    anything else relevant to the live‑stock during the voyage.
Note   Failure to make such a report is an offence — see the Act, subsection 9G (1).
[4]           Subsection 5.03 (3), at the foot
insert
Note   The Secretary may impose a condition on the accreditation of a veterinarian regarding the intensity and frequency of audit.