1983 No. 249*1* AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF
EXPORT) REGULATIONS
*1* Notified in the Commonwealth of Australia Gazette on 31 October 1983. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Australian Meat and Live-stock Corporation (Conditions of Export) Regulations. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 2
Interpretation
2. (1) In these Regulations, unless the contrary intention appears- "approved analyst" means a person appointed under sub-section 47J (1) of the Act; "executive officer" has the same meaning as in the Companies Act 1981 ; "relevant offences" has the same meaning as in sub-section 16A (1) of the Act; "statutory authority" means an authority constituted by or under a law of the Commonwealth, of a State or of the Northern Territory; "the Act" means the Australian Meat and Live-stock Corporation Act 1977. (2) For the purposes of these Regulations, the question whether- (a) corporations are related to each other; (b) a corporation is a subsidiary of another corporation; or (c) a person has a substantial shareholding in a corporation, shall be determined in the same manner as such a question would be determined under the Companies Act 1981. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 3
Meat unfit for human consumption
3. Each of the following kinds of meat is declared, for the purposes of the Act, to be meat unfit for human consumption, that is to say: (a) meat that is in a container that has been labelled or marked as pet food, inedible meat or pharmaceutical material; (b) meat that has been stained in such a manner as to identify it as pet food or inedible meat. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 4
Additional information to be included in application for meat export licence
or live-stock export licence
4. For the purposes of paragraph 16C (1) (c) of the Act, an application shall state- (a) the name and address of the applicant; (b) whether the applicant is an individual or a body corporate; (c) whether the application is for a licence to export meat or live-stock or both meat and live-stock; (d) whether the application is in respect of an existing meat export business or live-stock export business or a proposed meat export business or live-stock export business; (e) the kind of meat or live-stock export business in respect of which the export licence is required, including- (i) the kind of meat or live-stock exported; (ii) in the case of a meat export business-the place of slaughter and preparation of the meat; (iii) the type of export transactions involved; and (iv) the countries to which the meat or live-stock is being, or is proposed to be, exported; (f) whether the applicant has been involved previously in the industry and, if so, the nature of that involvement; (g) the knowledge of, and experience in, the industry of the persons who participate or would participate, as the case may be, in the management and control of the meat or live-stock export business or proposed meat or live-stock export business; (h) in the case of an applicant who is an individual- (i) whether the applicant operates the meat or live-stock export business, or intends to operate the proposed meat or live-stock export business, on his own account or in partnership with another individual or a body corporate; and (ii) in the case of an applicant who operates or intends to operate in partnership- (A) the names and addresses of the partners; and (B) the extent to which, and capacity in which, the applicant participates, or intends to participate, in the conduct or management of the business; (j) in the case of an applicant that is a body corporate, not being a university, a department of the government of the Commonwealth or a charitable organization- (i) whether the applicant is a subsidiary of, or is under the direction or financial control of, a foreign corporation, authority or organization that has direct or indirect control of the importation of meat or live-stock into the country in which the foreign corporation, authority or organization was incorporated or established and, if so, the name of the foreign corporation, authority or organization; (ii) where the applicant has a share capital- (A) the number and value of shares issued; (B) the names and addresses of the directors and executive officers, the number of shares held by each director or principal officer and the amount paid up in respect of each share; and (C) the names and addresses of each person, other than a director or a principal officer, who has a substantial shareholding in the corporation, the number and class of shares held by each such person and the amount paid up in respect of each share; (iii) whether the applicant is a subsidiary of, or related to, another corporation and, if so, the name and address, the place of incorporation and the address of the registered office of each corporation of which the applicant is a subsidiary or to which it is related; (iv) whether a person or another body corporate has a relevant interest in a share of the body corporate and, if so, the name and address of each such person or body corporate; (v) where the applicant is a statutory authority-the name, address, title and position of each person who participates in the management and control of the authority and the name of the Act under which the authority was incorporated; and (vi) where the applicant is a local governing body-the name, address, title and position of each person who participates, or would participate, as the case may be, in the management and control of the meat or live-stock export business or proposed meat or live-stock export business; (k) whether the applicant or any person who participates or would participate, as the case may be, in the management or control of the meat or live-stock export business or proposed meat or live-stock export business has been convicted of a relevant offence, not being an offence committed more than 10 years before the date of the application; and (m) particulars of the arrangements made or to be made by or on behalf of the applicant to ensure adequate quality control in respect of the meat or live-stock to be exported. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 5
Documents to accompany application for meat export licence or live-stock
export licence
5. For the purposes of paragraph 16C (1) (d) of the Act, the following documents are prescribed: (a) in the case of a body corporate that is a company-a copy of the most recent annual return and of the documents required by the Companies Act 1981 to be attached to an annual return; (b) in the case of a body corporate that is a co-operative society, a statutory authority or a local governing body-a copy of the most recent audited financial statement showing the financial transactions and state of the affairs of the body corporate; (c) in the case of an individual- (i) where the individual operates the meat or live-stock business, or intends to operate the proposed meat or live-stock business on his own account-a copy of an audited statement of the assets and liabilities of the person, being a statement prepared in respect of a period of 12 months ending during the period of 3 months immediately preceding the date of the application; (ii) where the individual operates the meat or live-stock export business, or intends to operate the proposed meat or live-stock export business, in partnership-a copy of the partnership agreement and of the most recent audited balance sheet, and profit and loss account, of the partnership business. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 6
Prescribed events
6. For the purposes of paragraph 16F (g) of the Act, each of the following events is prescribed: (a) the ceasing by the holder of the licence to carry on the meat or live-stock export business to which the licence relates; (b) in the case of an export licence held by a body corporate- (i) the making of a claim in respect of the export of meat or live-stock by the body corporate, or the incurring by the body corporate of a loss or liability, being a claim, loss or liability that, in the opinion of the Directors or executive officers of the body corporate, is likely substantially to affect the ability of the body corporate to carry on the meat or live-stock export business; (ii) a change in the name of the body corporate; or (iii) a change in the name of a body corporate that is a subsidiary of, or related to, the body corporate that is the holder of the licence; (c) in the case of a licence held by an individual-the making of a claim in respect of the export of meat or live-stock by the individual, or the incurring by the individual of a loss or liability, being a claim, loss or liability that is likely to result in the holder of the licence being unable to meet a contract entered into with respect to the export of meat or live-stock; (d) in the case of a licence held by an individual who operates the meat or live-stock business in partnership-a change in, or the dissolution of, the partnership; (e) the receipt of notification by the holder of the licence that the holder is no longer regarded as an approved supplier of meat and live-stock by the importing authority, instrumentality or organization of a foreign government; (f) in the case of a body corporate that is a company-the passing of a special resolution that the company be wound up voluntarily. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 7
Information and matters to be included in application for renewal of export
licence
7. For the purposes of paragraph 16Q (3) (b) of the Act, an application shall state- (a) the name and address of the applicant; and (b) whether an event of the kind referred to in section 16F of the Act, or regulation 6, has occurred, being an event of which the Corporation has not been notified, and, if so, particulars of that event. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 8
Documents to accompany application for renewal of export licence
8. For the purposes of paragraph 16Q (3) (c) of the Act, the following documents are prescribed: (a) in the case of a body corporate that is a company-a copy of the most recent annual return and of the documents required by the Companies Act 1981 to be attached to an annual return; (b) in the case of a body corporate that is a co-operative society, a statutory authority or a local governing body-a copy of the most recently audited financial statement showing the financial transactions and state of the affairs of the body corporate; (c) in the case of a body corporate that is a company or a co-operative society-a report by the directors or auditors of the body corporate or co-operative society made not earlier than 30 days before the date of the application, stating whether, after having made reasonable inquiry, the directors or auditors, as the case requires, are aware, in respect of the period between the date to which the balance sheet was made up and the date of the report, of- (i) any circumstance that, in their opinion, has varied or may vary materially the liabilities, or has affected or may affect the value of the assets, of the body corporate or co-operative society, as the case requires; or (ii) any contingent liabilities of the body corporate or co-operative society that do not appear in the accounts referred to in paragraph (a) or (b); (d) in the case of an individual- (i) an audited statement of the assets and liabilities of the person; and (ii) a report by the auditor made not earlier than 30 days before the date of the application, stating whether, after having made reasonable inquiry, the auditor is aware, in respect of the period between the date to which the audited statement was made up and the date of the report, of- (A) any circumstance that, in his opinion, has varied or may vary materially the liabilities, or has affected or may affect the value of the assets, of the person; or (B) any contingent liabilities of the person that do not appear in the statement referred to in sub-paragraph (d) (i). 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 9
Matters to be taken into account in determining integrity, competence and
financial standing
9. (1) For the purposes of sub-section 16R (2) of the Act, the following matters are prescribed: (a) the notices (if any) under section 16R of the Act that have been served on the holder of the licence; (b) where such a notice has been served-the belief by virtue of which the notice was given and the grounds on which the Corporation formed that belief. (2) For the purposes of sub-section 16R (3) of the Act, the following matters are prescribed:
(a) the matters specified in paragraphs (1) (a) and (b); (b) any substantial decrease in the volume of exports of meat or live-stock by the person or body corporate. (3) For the purposes of sub-section 16R (4) of the Act, the following matter is prescribed, that is to say, the matter specified in paragraph (2) (b).
1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 10
Manner in which samples are to be dealt with
10. For the purposes of sub-section 47 (4) of the Act, a sample of any matter or thing taken in accordance with sub-section 47 (3)- (a) shall be labelled, tagged or marked in such a manner as to enable it to be identified; (b) shall be held under conditions, whether as to temperature or otherwise, that are unlikely to affect the result of the analysis of the sample; (c) shall be kept in the custody or control of an authorized officer until it is despatched to an approved analyst for analysis or until it is destroyed or otherwise disposed of; and (d) may be analysed by an approved analyst. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 11
Prescribed information for the purposes of paragraph 47H (3) (b) of the Act
11. For the purposes of paragraph 47H (3) (b) of the Act, the following information is prescribed, that is to say, the name and address of the nominee. 1983 No. 249 AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (CONDITIONS OF EXPORT)
REGULATIONS - REG 12
Prescribed person for the purposes of section 50C of the Act
12. For the purposes of sub-section 50C (3) of the Act, the Chairman is prescribed.