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Legislative Appeal Mechanisms
This information covers the legislative appeal mechanisms available to exporters, registered premises operators and AQIS accredited veterinarians if the outcome of consultation with AQIS Live Animal Export program and Export Division Executive Manager has been unsatisfactory.
Reviewing key decisions
Several licensing and approval decisions are required before a person is entitled to export live animals from Australia. Some statutory review mechanisms for some of the key decisions are set out in the tables below.
These tables are not exhaustive. You should always check the legislation to determine whether a particular decision is able to be reviewed, and you may wish to consider seeking legal advice.
Live-stock licensing decisions under the Australian Meat and Live-Stock Industry Act 1997 (AMLI Act)
|
Description of decision |
Review |
|
|---|---|---|
|
Internal reconsideration |
||
| Grant of a licence (section 10) |
Not available |
Available in relation to a refusal to grant a licence (section 14) |
| Giving a written direction to be complied with by licence holder (section 17) | Available (section 20) | |
| Granting an extension of time in which a person can apply for renewal of an export licence (subsection 22(2)) | Available (subsection 22(9)) | |
| Decision to suspend a licence in a show cause notice (section 23) | Available (subsection 23(8)) | |
| Decision to cancel, suspend or further suspend a licence or reprimand a licence holder following the show cause process (subsection 24(1)) | Available (subsection 24(4)) | |
Decisions under the Export Control (Animals) Order 2004 (Animals Order)
|
Description of decision |
Review |
|
|---|---|---|
|
Internal reconsideration |
||
| Various decisions in relation to the registration of premises or the renewal, variation or cancellation of registration of premises (Division 2.2) |
Section 6.03 of the Animals Order, and Part 16 of the Export Control (Prescribed Goods – General) Order (PGG Order) apply. Decisions are able to be reviewed internally by the Secretary. See Part 16 of the PGG Order for time limits and other details. |
Available in relation to a decision by the Secretary after an internal review under Part 16 of the PGG Order (section 16.05, PGG Order) but not the decision at first instance |
| Decisions whether to approve notices of intention (NOIs) and consignment risk management plans (CRMPs) under section 2.44 or 3.07 of the Animals Order, including whether to impose conditions | ||
| Decision that a consignment be accompanied by an AQIS accredited veterinarian (AAV) (section 2.48) | ||
| Decision to accredit a veterinarian and to vary, suspend, place conditions on, revoke or reinstate accreditation (sections 4A.07, 4A.09, 4A.10 and 4A.13) | ||
Additional options
In addition to seeking an internal reconsideration or review by the Administrative Appeals Tribunal, you may be entitled to apply for judicial review of a decision under the Administrative Decisions (Judicial Review) Act 1977 or the Judiciary Act 1903.
You may also be entitled to apply to obtain copies of documents under the Freedom of Information Act 1982. Find out more about freedom of information.
You are entitled to make a complaint to the Commonwealth Ombudsman.
06 Aug 2009