Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 (Cth)

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Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

I, Justine Saunders APM, Acting Secretary of the Department of Agriculture, Fisheries and Forestry, make the following rules.

Dated 13 October 2025

Justine Saunders APM

Acting Secretary of the Department of Agriculture, Fisheries and Forestry

Contents

1Name

This instrument is the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The day after this instrument is registered.

16 October 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Export Control Act 2020.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1AmendmentsPart 1AuditsExport Control (Tariff Rate QuotasFeed Grain Export to Indonesia) Rules 20211

Paragraph 10(a)

Repeal the paragraph, substitute:

  1. (a)

    any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

2

Paragraph 14(1)(a)

Repeal the paragraph, substitute:

  1. (a)

    any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

3

Subparagraph 15(2)(b)(iii)

Repeal the subparagraph, substitute:

  1. (iii)

    the person to whom the certificate was issued fails to provide facilities and assistance to an auditor as required by section 271 of the Act or fails to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

4

Paragraph 22(1)(a)

Repeal the paragraph, substitute:

  1. (a)

    the person fails to provide facilities and assistance to an auditor as required by section 271 of the Act or fails to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

5

Subsection 32(4)

Repeal the subsection (including the note), substitute:

  1. (4)

    The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

    Note: For the relevant person for an audit, see section 269 of the Act.

  2. (5)

    The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

  3. (6)

    The auditor must comply with any request under subsection (5) before the end of the later of the following periods:

    1. (a)

      the period of 14 business days beginning on the day the Secretary made the request;

    2. (b)

      the period of 14 business days beginning on the day the audit is completed or ends.

Export Control (Tariff Rate QuotasGeneral) Rules 20216

Paragraph 115(2)(a)

Repeal the paragraph, substitute:

  1. (a)

    any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

7

Subparagraph 119(2)(b)(iii)

Repeal the subparagraph, substitute:

  1. (iii)

    the person to whom the certificate was issued fails to provide facilities and assistance to an auditor as required by section 271 of the Act or fails to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

8

Subsection 125(4)

Repeal the subsection (including the note), substitute:

  1. (4)

    The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

    Note: For the relevant person for an audit, see section 269 of the Act.

  2. (5)

    The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

  3. (6)

    The auditor must comply with any request under subsection (5) before the end of the later of the following periods:

    1. (a)

      the period of 14 business days beginning on the day the Secretary made the request;

    2. (b)

      the period of 14 business days beginning on the day the audit is completed or ends.

Export Control (Tariff Rate QuotasSheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 20219

Paragraph 19(4)(a)

Repeal the paragraph, substitute:

  1. (a)

    any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

10

Paragraph 20(7)(a)

Repeal the paragraph, substitute:

  1. (a)

    any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

11

Subparagraph 23(2)(b)(iii)

Repeal the subparagraph, substitute:

  1. (iii)

    the person has failed to provide facilities and assistance to an auditor as required by section 271 of the Act or has failed to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;

12

Subsection 33(4)

Repeal the subsection (including the note), substitute:

  1. (4)

    The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

    Note: For the relevant person for an audit, see section 269 of the Act.

  2. (5)

    The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

  3. (6)

    The auditor must comply with any request under subsection (5) before the end of the later of the following periods:

    1. (a)

      the period of 14 business days beginning on the day the Secretary made the request;

    2. (b)

      the period of 14 business days beginning on the day the audit is completed or ends.

Part 2Quota allocation for cotton for export to IndiaExport Control (Tariff Rate QuotasGeneral) Rules 202113

Section 74J

Omit “500 tonnes”, substitute “100 tonnes”.

Part 3Application provisionsExport Control (Tariff Rate QuotasFeed Grain Export to Indonesia) Rules 202114

In the appropriate position in Part 7

Insert:

Division 2—Application provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

39Amendments made by the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

  1. (1)

    The amendments of sections 10, 14, 15 and 22 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 apply in relation to the following:

    1. (a)

      a failure on or after the commencement of that Part to provide facilities and assistance to an auditor as required by section 271 of the Act;

    2. (b)

      a request made by an auditor under paragraph 272(1)(a) of the Act on or after the commencement of that Part.

  2. (2)

    The amendment of section 32 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

Export Control (Tariff Rate QuotasGeneral) Rules 202115

In the appropriate position in Chapter 7

Insert:

Part 4—Application provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

141Amendments made by the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

  1. (1)

    The amendments of sections 115 and 119 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 apply in relation to the following:

    1. (a)

      a failure on or after the commencement of that Part to provide facilities and assistance to an auditor as required by section 271 of the Act;

    2. (b)

      a request made by an auditor under paragraph 272(1)(a) of the Act on or after the commencement of that Part.

  2. (2)

    The amendment of section 125 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

  3. (3)

    The amendment of section 74J made by Part 2 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 applies in relation to the quota year beginning on 1 January 2026 and each later quota year.

Export Control (Tariff Rate QuotasSheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 202116

In the appropriate position in Part 6

Insert:

Division 5—Application provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

53Amendments made by the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025

  1. (1)

    The amendments of sections 19, 20 and 23 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 apply in relation to the following:

    1. (a)

      a failure on or after the commencement of that Part to provide facilities and assistance to an auditor as required by section 271 of the Act;

    2. (b)

      a request made by an auditor under paragraph 272(1)(a) of the Act on or after the commencement of that Part.

  2. (2)

    The amendment of section 33 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

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