Independent observer deployment criteria and exporter responsibilities

Attention

• Australian Livestock Exporters' Council
• LiveCorp
• Livestock Exporters
• Meat and Livestock Australia

Purpose

To remind exporters of the independent observer deployment criteria and exporter responsibilities.

Key points

• The department has updated the Independent observers page on the department's website to provide information and advice on the supporting evidence an exporter should provide to demonstrate extenuating circumstances that may prevent an observer being accommodated on a vessel for a particular consignment.
• As set out on the department's website, exporters should prepare for an observer to accompany a voyage when:
• the voyage departs from ports south of latitude 26 degrees south and crossing the equator.
• it is the first voyage undertaken by you following a notifiable mortality incident.
• it is the first voyage of any new exporter or vessel.
• the voyage is considered a long-haul voyage with any complex arrangements. This includes those with multiple ports of discharge, carrying buffalo or enacting management plans (e.g. heavy cattle).
• The department may also direct an observer to accompany other voyages and will notify the exporter if this is required.
• These criteria have not changed since the recommencement of observer deployments in May 2022 and exporters should be fully aware that the department will take steps to deploy an observer where a voyage meets a criterion.
• Where an exporter anticipates extenuating circumstances may prevent an observer being accommodated, the policy states that the department will consider, on a case by case basis, the circumstances of the voyage before deciding whether to direct an observer to accompany a voyage. Exporters should provide evidence that clearly demonstrates what steps they took to prepare for deployment, and the extenuating circumstances that may prevent deployment.

Instructions

1. An exporter should be prepared for an observer to accompany a voyage if it meets an observer deployment criterion.
2. Where a voyage meets an observer deployment criterion, the department will issue a notice of proposed direction under subsection 313(1) of the Export Control Act 2020 to deploy an observer.
3. The exporter will be provided the opportunity to submit a written response to the notice of intention showing cause why the proposed direction should not be made.
4. If there are extenuating circumstances that may prevent an observer being accommodated, an exporter must provide the department sufficient evidence for the delegate to deviate from the deployment policy.
• An exporter needs to identify to the department what actions they have taken to prepare for an observer, including actions to accommodate them on the vessel.
• An exporter must provide supporting evidence that there are extenuating circumstances and a statutory declaration that the supporting evidence is true and accurate to the best of the exporter's knowledge.
• Supporting evidence may include:
• Original advice from the vessel operator regarding crew numbers and accommodation spaces onboard the vessel.
• Detailed reasoning for multiple reef pilots.
• Recent vessel refurbishments that alter the number of accommodation spaces.
• Crew contract periods.
5. Where an exporter advises that there is insufficient space to accommodate an observer, exporters should be prepared for the department to verify the information provided to the department.
• Where there are discrepancies or insufficient information provided, the department may seek further information or progress to issuing a notice of direction to deploy an observer.

Background

• On 9 October 2023, the department temporarily paused the deployment of observers on voyages carrying Australian livestock to all ports in the Middle East region due to uncertain security conditions.
• On 22 November 2023, the department determined that deployment of observers could recommence on voyages carrying Australian livestock to ports in the Gulf of Oman and Persian Gulf.
• Deployments of observers on livestock voyages travelling to/through the Red Sea or to any ports in Israel remain paused due to the changing and uncertain security conditions.
• We will continue to monitor the situation and consider the safety and practicality of international travel for observers when deciding to deploy.

Emily Bell
Director (A/g)
Live Animal Export Branch
Department of Agriculture, Fisheries and Forestry
 
Louise Mulcahy
Contact officer
Phone: 02 6272 4581
Email: io.reporting@aff.gov.au