Export Control Amendment Act 2003 (Cth)

Export Control Amendment Act 2003

No. 80, 2003

An Act to amend the Export Control Act 1982, and for related purposes

Contents

Export Control Amendment Act 2003

No. 80, 2003

An Act to amend the Export Control Act 1982, and for related purposes

[Assented to 25 August 2003]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Export Control Amendment Act 2003.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent	25 August 2003
2. Schedule 1, item 1	Immediately after the commencement of Schedule 2 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	24 May 2001
3. Schedule 1, items 2 to 4	A single day to be fixed by Proclamation, subject to subsection (3)	25 February 2004

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

2. (3)

   If a provision covered by item 3 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the Export Control Act 19821

Subsection 11Q(5)

Omit “section 16”, substitute “section 137.1 or 137.2 of the Criminal Code that relates to the information or document”.

2

Before subsection 23(1)

Insert:

1. (1A)

   In this section:

Australia does not include the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.

3

After subsection 23(1)

Insert:

1. (1AA)

   The regulations may provide for the issue of a certificate in relation to goods to be exported from the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands if:

   1. (a)

      the certificate relates to matters in respect of which a country requires certification before the goods may be imported into that country from that Territory; or

   2. (b)

      the certificate relates to requirements of this Act that must be satisfied before the goods may be exported from that Territory; or

   3. (c)

      the certificate relates to matters concerning goods of the kind that are to be exported.

The certificate may state that the goods are from the “Australian Territory of Christmas Island” or the “Australian Territory of Cocos (Keeling) Islands” as the case may be.

1. (1AB)

   The regulations made for the purposes of subsection (1AA) may provide for the issue of a certificate by:

   1. (a)

      the Secretary; or

   2. (b)

      an authorised officer; or

   3. (c)

      a person who is approved in writing by the Secretary for the purposes of the regulations.

4

Subsection 23(2)

Omit “subsection (1)”, substitute “subsection (1) or (1AA)”.

(29/03)

[Minister’s second reading speech made in—

House of Representatives on 27 March 2003

Senate on 11 August 2003]