Export Control (Miscellaneous Amendments) Act 1982 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENT OF THE AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973
3. Principal Act
4. Repeal of section 39 and substitution of new section—
39. Operation of certain laws not affected
PART III—AMENDMENT OF THE AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978
5. Principal Act
6. Repeal of section 38 and substitution of new section—
38. Operation of certain laws not restricted
PART IV—AMENDMENT OF THE AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977
7. Principal Act
8. Repeal of section 51 and substitution of new section—
51. Operation of certain laws not restricted
TABLE
OF PROVISIONS—
Section
PART V—AMENDMENT OF THE AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
9. Principal Act
10. Repeal of section 45 and substitution of new section—
45. Operation of certain laws not restricted
PART VI—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905
11. Principal Act
12. Interpretation
13. Notice of intention to export
14. Insertion of new section—
10a. Application of Part
15. Prohibition of exports not bearing the prescribed trade description
16. Penalty for applying false trade description to exports
17. Exportation of falsely marked goods
18. Review of decisions
PART VII—AMENDMENT OF THE CUSTOMS ACT 1901
19. Principal Act
20. Interpretation
21. Smuggling and unlawful importation and exportation
22. Unlawful exportation of food
23. Regulations
PART VIII—AMENDMENT OF THE DAIRY PRODUCE ACT 1924
24. Principal Act
25. Repeal of section 19a and substitution of new section—
19a. Operation of certain laws not affected
PART IX—AMENDMENT OF THE DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
26. Principal Act
27. Interpretation
28. Inspecting officer to certify inspection on export notice, &c.
PART X—AMENDMENT OF THE EDIBLE OILS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
29. Principal Act
30. Interpretation
31. Inspecting officer to certify inspection on export notice, &c.
PART XI—AMENDMENT OF THE EGG EXPORT CONTROL ACT 1947
32. Principal Act
33. Repeal of section 16 and substitution of new section—
16. Operation of certain laws not affected
PART XII—AMENDMENT OF THE EGGS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
34. Principal Act
35. Interpretation
36. Inspecting officer to certify inspection on export notice, &c.
TABLE
OF PROVISIONS—
Section
PART XIII—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) ACT 1981
37. Principal Act
38. Interpretation
39. Regulations
PART XIV—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) COLLECTION ACT 1981
40. Principal Act
41 Interpretation
42. Due date for payment
PART XV—AMENDMENT OF THE HONEY (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
43. Principal Act
44. Interpretation
45. Inspecting officer to certify inspection on export notice, &c.
PART XVI—AMENDMENT OF THE HONEY INDUSTRY ACT 1962
46. Principal Act
47. Repeal of section 31 and substitution of new section—
31 Operation of certain laws not restricted
PART XVII—AMENDMENT OF THE LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) ACT 1979
48. Principal Act
49. Title
50. Interpretation
PART XVIII—REPEAL OF THE MEAT EXPORT (PENALTIES) ACT 1981
51. Principal Act
52. Repeal
PART XIX—AMENDMENT OF THE TOBACCO MARKETING ACT 1965
53. Principal Act
54. Repeal of section 27 and substitution of new section—
27. Operation of certain laws not restricted
PART XX—AMENDMENT OF THE WHEAT MARKETING ACT 1979
55. Principal Act
56. Unauthorized dealings with wheat
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“39. Nothing in this Act or the
regulations affects the operation of the
“38. Nothing in this Act or the
regulations restricts the operation of the
“51. Nothing in this Act or the
regulations restricts the operation of the
“45. Nothing in this Act or the
regulations restricts the operation of the
(a) by omitting the definition of “Officer” and substituting the following definition:
“‘Officer’ means an officer of Customs.”; and
(b) by omitting the definition of “The Secretary”.
“10a.
This Part does not apply in relation to goods that are prescribed goods within
the meaning of the
(a) by omitting from sub-section (2) “Secretary” and substituting “Comptroller-General of Customs”;
(b) by omitting from sub-section (2) “of State for Primary Industry”;
(c) by omitting from sub-section (3) “Secretary” (wherever occurring) and substituting “Comptroller-General of Customs”; and
(d) by omitting from sub-section (3) “of State for Primary Industry”.
“(2) A person who contravenes sub-section (1) is guilty of an offence and is punishable on conviction by a fine not exceeding $200.”.
(a) by omitting “Secretary” and substituting “Comptroller-General of Customs”; and
(b) by omitting “of State for Primary Industry”.
“(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Comptroller-General of Customs under sub-section 7 (3), section 10, sub-section 11 (3) or section 13, other than a decision in respect of which an appeal has been made to the Minister under that sub-section or section, as the case may be.
“(2) A person is not entitled to appeal to the Minister against a decision to which sub-section (1) applies if an application has been made under that sub-section for a review of that decision.”.
(a) by omitting paragraph (1) (c); and
(b) by omitting sub-section (3).
“19a.
Nothing in this Act or the regulations affects the operation of the
(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:
“‘authorized officer’ has the same meaning as in section 3 of the
Export Control Act 1982;”;(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:
“‘export notice’, in relation to dairy products, means a notice furnished in relation to the dairy products in pursuance of regulations made for the purpose of section 6 of the
Export Control Act 1982;”; and(c) by omitting from sub-section (1) the definition of “officer”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) An authorized officer who—
(a) in pursuance of the
Export Control Act 1982 or regulations made under that Act, inspects and examines dairy products intended for export; and(b) in relation to those dairy products, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,
shall certify to that effect on the export notice in relation to the dairy products.”; and
(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the
Export Control Act 1982”.
(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:
“‘authorized officer’ has the same meaning as in section 3 of the
Export Control Act 1982;”;(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:
“‘export notice’, in relation to edible oils, means a notice furnished in relation to the edible oils in pursuance of regulations made for the purpose of section 6 of the
Export Control Act 1982;”; and(c) by omitting from sub-section (1) the definition of “officer”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) An authorized officer who—
(a) in pursuance of the
Export Control Act 1982 or regulations made under that Act, inspects and examines edible oils intended for export; and(b) in relation to the edible oils, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,
shall certify to that effect on the export notice in relation to the edible oils.”; and
(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the
Export Control Act 1982”.
“16. Nothing in this Act or the
regulations affects the operation of the
(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:
“‘authorized officer’ has the same meaning as in section 3 of the
Export Control Act 1982;”;(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:
“‘export notice’, in relation to eggs, means a notice furnished in relation to the eggs in pursuance of regulations made for the purpose of section 6 of the
Export Control Act 1982;”; and(c) by omitting from sub-section (1) the definition of “officer”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) An authorized officer who—
(a) in pursuance of the
Export Control Act 1982 or regulations made under that Act, inspects and examines eggs intended for export; and(b) in relation to the eggs, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,
shall certify to that effect on the export notice in relation to the eggs.”; and
(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the
Export Control Act 1982”.
(a) by omitting “export permit is issued, under Regulation 24 of the Exports (Fish) Regulations,” from the definition of “exporter” and substituting “prescribed export permit is issued”; and
(b) by omitting the definition of “fish inspected for export” and substituting the following definitions:
“‘fish inspected for export’ means fish in respect of which a prescribed export permit is issued;
‘prescribed export permit’, in relation to fish, means a licence, permit or other permission issued in relation to the export of those fish that is declared by the regulations to be a prescribed export permit.”.
“; ‘prescribed export permit’ has the same meaning as in the
Fish (Export Inspection Charge )Act 1981.”.
(a) by omitting from sub-section (1) the definition of “certified export notice” and substituting the following definitions:
“‘authorized officer’ has the same meaning as in section 3 of the
Export Control Act 1982;‘certified export notice’ means an export notice certified in accordance with section 4;”;
(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:
“‘export notice’, in relation to honey, means a notice furnished in relation to the honey in pursuance of regulations made for the purpose of section 6 of the
Export Control Act 1982;”; and(c) by omitting “pursuance of paragraph 24 (1) (c) of the Exports (Honey) Regulations” from the definition of “honey inspected for export” in sub-section (1) and substituting “accordance with section 4”.
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) An authorized officer who—
(a) in pursuance of the
Export Control Act 1982 or regulations made under that Act, inspects and examines honey intended for export; and(b) in relation to the honey, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,
shall certify to that effect on the export notice in relation to the honey.
“(1a) A copy of a certified export notice shall be served in a manner prescribed by the regulations on the person who furnished the export notice.”; and
(b) by omitting from sub-section (2) “the Exports (Honey) Regulations” and substituting “any regulations made under the
Export Control Act 1982”.
“31. Nothing in this Act or the
regulations restricts the operation of the
“An Act to impose a charge on the slaughter of live-stock at premises used in connection with the slaughtering and dressing of animals for export”.
“‘abattoir’ means prescribed premises used for the carrying on of operations in connection with the slaughtering and dressing of animals from which meat intended for export is obtained;”.
“27. Nothing in this Act or the
regulations restricts the operation of the
1. No. 194, 1973, as amended. For previous amendments, see No. 199, 1976; No. 15, 1978; and Nos. 16 and 145, 1981.
2. No. 193, 1978.
3. No. 67, 1977, as amended. For previous amendments, see No. 36, 1978; No. 76, 1979; No. 167, 1980; and Nos. 61 and 150, 1981.
4. No. 161, 1980.
5. No. 16, 1905, as amended. For previous amendments, see No. 37, 1926; No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 93, 1966; No. 216, 1973; and Nos. 61 and 151, 1981.
6. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 19, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 19, 92, 116, 155, 177 and 180, 1979; Nos. 13, 15, 110 and 171, 1980; and Nos. 45, 61, 64, 67, 152 and 157, 1981.
7. No. 38, 1924, as amended. For previous amendments, see No. 45, 1934; No. 70, 1935; No. 26, 1936; No. 20, 1937; No. 18, 1938; No. 24, 1942; No. 53, 1947 (as amended by No. 80, 1950); No. 37, 1953; No. 17, 1954; No. 74, 1958; No. 49, 1962; No. 79, 1963; No. 43, 1965; No. 93, 1966; No. 3, 1972; No. 216, 1973 (as amended by No. 20, 1974); No. 82, 1975; No. 79, 1976; No. 53, 1977; and Nos. 36 and 96, 1978.
8. No. 11, 1982.
9. No. 13, 1982.
10. No. 76, 1947, as amended. For previous amendments, see No. 63, 1948; No. 21, 1951; No. 24, 1953; No. 18, 1954; No. 93, 1966; No. 216, 1973; and No. 36, 1978.
11. No. 15, 1982.
12. No. 57, 1981.
13. No. 58, 1981.
14. No. 000, 1982.
15. No. 105, 1962, as amended. For previous amendments, see No. 71, 1965; No. 93, 1966; No. 11, 1972; No. 185, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 36, 1978; No. 145, 1980; and No. 61, 1981.
16. No. 45, 1979.
17. No. 149, 1981.
18. No. 85, 1965, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; and No. 36, 1978.
19. No. 166, 1979.
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