Export Control Act 1982
No. 47, 1982
Compilation No. 30
Compilation date: 23 June 2020
Includes amendments up to: Act No. 73, 2020
Registered: 21 July 2020
About this compilation
This compilation
This is a compilation of the Export Control Act 1982 that shows the text of the law as amended and in force on 23 June 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act binds the Crown
4AA Application of the Criminal Code
4A Regulations may provide for the extension of Act to certain Territories
5 Saving of other laws
Part II—Export and entry for export of prescribed goods
6 Notice of intention to export prescribed goods
7 Prohibition on export of prescribed goods
7A Entering for export of certain prescribed goods
8 Export of prescribed goods
8A Preparation of prescribed goods for export—offence
8B Preparation of prescribed goods for export—strict liability offence
9 Contravention of licence conditions etc.
Part IIA—Accreditation of veterinarians for purposes of approved export programs in relation to eligible live animals etc.
Division 1—General
9A Approved export programs
9B Accreditation of veterinarians
9C Costs of authorised officers
9D Authorised officers to undertake certain approved export program activities
9E Authorised officers to monitor and audit etc. approved export program activities
Division 2—Offences
Subdivision A—Veterinarians
9F Offence of undertaking approved export program without accreditation
9G Offence of contravening direction to keep records etc. in relation to approved export program
9H Offence of failing to remedy deficiency in undertaking approved export program
Subdivision B—Exporters etc.
9I Offence of not…
Overview
The Export Control Act 1982 was enacted by the Australian Parliament to address the need for controlling the export of certain goods. The Act provides for the regulation of the export of specified goods, including live animals and animal reproductive material, to ensure compliance with national and international standards and requirements. It empowers the Secretary to grant licences and permissions for the export of prescribed goods, subject to specific conditions and restrictions. The Act also outlines enforcement measures, including the powers of authorised officers to monitor, search, and seize goods, and the issuance of warrants for these purposes. Additionally, it addresses the accreditation of veterinarians for approved export programs, ensuring the health and welfare of live animals during export. The policy objective of the Act is to maintain the integrity of Australia's export processes, protect public health and safety, and uphold international trade agreements and standards.
Scope and Application
The Export Control Act 1982 governs the export of certain goods from Australia, regulating both the export of prescribed goods and the activities related to these goods. The Act applies to the Commonwealth, the Australian Capital Territory, and the Northern Territory. It does not apply to Norfolk Island, the Territory of Christmas Island, or the Territory of Cocos (Keeling) Islands, though regulations may extend its application to these territories. The Act binds the Crown and includes provisions for its extension to other territories through subordinate regulations. The Act imposes various restrictions and requirements on the export of prescribed goods, including the need for licenses, compliance with conditions, and adherence to approved export programs for live animals and animal reproductive material. It also regulates the activities of veterinarians and authorised officers in ensuring the health and welfare of animals during export. The Act grants authorised officers extensive powers to enter, search, and seize goods and documents related to compliance with the Act. Additionally, it includes provisions for the forfeiture of goods, penalties for non-compliance, and the issuance of certificates for export compliance.
Key Provisions
- The Export Control Act 1982 provides for the control of the export of certain goods and related activities. The Act covers the export of prescribed goods, which are goods specified in regulations made under the Act. The Act regulates the export of these goods by requiring notices of intention to export, prohibiting certain exports, and imposing conditions or restrictions on the export of certain goods. Additionally, the Act governs the accreditation of veterinarians for approved export programs involving live animals or animal reproductive material.
- Part II of the Act outlines the requirements for the export of prescribed goods. Section 6 requires a person intending to export such goods to notify the Secretary or an authorised officer of their intention, with failure to do so resulting in a penalty of up to 12 months imprisonment. Section 7 allows for the prohibition of the export of prescribed goods under regulations, which may include absolute prohibitions, prohibitions to specific locations, or conditional prohibitions subject to compliance with specified conditions or restrictions. Section 7A imposes penalties for falsely representing compliance with export conditions or restrictions when entering goods for export.
- Furthermore, the Act includes provisions for offences related to the export of prescribed goods, such as exporting goods in contravention of prohibitions or conditions (Section 8), and penalties for offences under this section can include up to 5 years imprisonment. The Act also addresses the preparation of prescribed goods for export, imposing strict liability offences for non-compliance with conditions or restrictions related to the preparation and export of these goods (Sections 8A and 8B).
- Part IIA of the Act introduces the concept of approved export programs for the export of live animals or animal reproductive material. This part of the Act establishes the accreditation of veterinarians to undertake these programs, outlines the powers and functions of authorised officers in relation to these programs, and sets out offences and penalties for non-compliance by veterinarians, exporters, and others involved in these programs.
- In terms of enforcement, the Act grants authorised officers extensive powers to enter and search premises, seize evidential material, and execute warrants for searches and seizures (Divisions 1-6 of Part III). These powers are subject to conditions and limitations, including the requirement for warrants in most cases, the availability of assistance and use of force, and the right of the occupier of premises to observe searches being conducted.
- The Act also includes provisions for the protection of authorised officers and other persons from liability for actions taken in good faith under the Act (Section 22). It further regulates the supply of goods or services to authorised officers and the electronic transmission of information and documents for the purposes of the Act (Sections 24 and 24A). The Act concludes with provisions for regulations and orders to be made under it, including the imposition of fees and penalties (Section 25).
- Area of Law
- International Trade Law
- Export Control Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegated & Subordinate Legislation
- Extraterritorial Application
- Regulatory Standards
- Prohibited Conduct
- Offence Provisions
- Civil Penalty Provisions