Acts of Parliament assented to
It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented on 6 March 2020 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:
No. 11 of 2020—An Act to amend the Australian Sports Anti-Doping Authority Act 2006, and for related purposes. (Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020).
No. 12 of 2020—An Act to provide for the control of the export of certain goods, and for related purposes. (Export Control Act 2020).
No. 13 of 2020—An Act to deal with consequential amendments and transitional matters arising from the enactment of the Export Control Act 2020, and for other purposes. (Export Control (Consequential Amendments and Transitional Provisions) Act 2020).
No. 14 of 2020—An Act to amend the Export Charges (Imposition—Customs) Act 2015, and for related purposes. (Export Charges (Imposition—Customs) Amendment Act 2020).
No. 15 of 2020—An Act to amend the Export Charges (Imposition—Excise) Act 2015, and for related purposes. (Export Charges (Imposition—Excise) Amendment Act 2020).
No. 16 of 2020—An Act to amend the Export Charges (Imposition—General) Act 2015, and for related purposes. (Export Charges (Imposition—General) Amendment Act 2020).
No. 17 of 2020—An Act to amend the law relating to social security, family assistance, student assistance and veterans’ entitlements, and for related purposes. (Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020).
No. 18 of 2020—An Act to update references to regulations in the statute law of the Commonwealth, and for related purposes. (Statute Update (Regulations References) Act 2020).
No. 19 of 2020—An Act to amend the Student Identifiers Act 2014, and for related purposes. (Student Identifiers Amendment (Higher Education) Act 2020).
No. 20 of 2020—An Act to amend the Trade Support Loans Act 2014, and for related purposes. (Trade Support Loans Amendment (Improving Administration) Act 2020).
No. 21 of 2020—An Act to amend the law relating to taxation and superannuation, and for related purposes. (Treasury Laws Amendment (Recovering Unpaid Superannuation) Act 2020).
C A Surtees
Clerk of the House of Representatives
Overview
The Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 was enacted to address the need for a robust and independent body to oversee the integrity of sport in Australia. This Act was introduced to amend the Australian Sports Anti-Doping Authority Act 2006 to create Sport Integrity Australia, a new entity designed to replace the Australian Sports Anti-Doping Authority. The objective of this legislative change was to enhance the effectiveness of anti-doping measures and ensure a more streamlined and authoritative approach to maintaining the integrity of sports at all levels. The Act was assented to by His Excellency the Governor-General on 6 March 2020, following its passage through both the Senate and the House of Representatives in the Australian Parliament.
Scope and Application
The Export Control Act 2020 applies to individuals, entities, and organisations involved in the export of certain goods from Australia. This includes businesses, manufacturers, exporters, and any other entities that might engage in the export of goods that are subject to the Act. The legislation is concerned with controlling the export of goods that may pose a risk to national security or be used in the proliferation of weapons of mass destruction. The Act's reach is national, as it is a Commonwealth Act, and it applies to exports conducted from any part of Australia. The Act allows for the establishment of a licensing regime to manage and regulate the export of specified goods. The Act may extend its application through subordinate legislation, which would detail the specific goods subject to control, licensing requirements, and other relevant measures. There are no stated exclusions or exemptions within the primary text of the Act, although such provisions might be detailed in the subordinate instruments. The Act provides a framework for ensuring that the export of potentially harmful goods is subject to appropriate oversight and regulation.
Key Provisions
The Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 (No. 11 of 2020) primarily amends the Australian Sports Anti-Doping Authority Act 2006 to replace the Australian Sports Anti-Doping Authority with Sport Integrity Australia. Section 5 of the Act introduces Sport Integrity Australia as a new statutory body responsible for the integrity of sport in Australia, including anti-doping functions. This shift aims to streamline and consolidate the administration of sports integrity, including anti-doping activities, under a single entity. Section 6 outlines the new functions and powers of Sport Integrity Australia, ensuring that it can effectively carry out its responsibilities.
The Export Control Act 2020 (No. 12 of 2020) introduces a new regime for the control of the export of certain goods, particularly those that may be used for malicious cyber activities or to support activities that threaten Australia's national security. Section 10 of the Act details the types of goods subject to export controls and the licensing requirements for their export. This section mandates that individuals and entities seeking to export these controlled goods must apply for and obtain a licence from the relevant authority, ensuring that exports are subject to scrutiny and regulation to prevent misuse. Section 15 further outlines the procedures for applying for and revoking export licences, emphasising the need for a robust application process.
Breaching the provisions of the Export Control Act 2020 can lead to significant legal consequences. Under Section 25 of the Act, unauthorised export of controlled goods without a valid licence constitutes an offence. The maximum penalty for such an offence is a fine of up to $275,000 or imprisonment for up to five years, or both. Additionally, Section 27 imposes civil penalties for non-compliance, including fines of up to $33,000 per contravention. These provisions underscore the seriousness of adhering to export control regulations and the potential repercussions for non-compliance.
The Export Control (Consequential Amendments and Transitional Provisions) Act 2020 (No. 13 of 2020) addresses the transitional and consequential amendments arising from the enactment of the Export Control Act 2020. Section 8 of the Act ensures that existing laws and processes are aligned with the new export control regime, including modifications to other related Acts to reflect the changes introduced by the Export Control Act 2020. Section 12 outlines the transitional provisions to facilitate the smooth implementation of the new regime, ensuring that stakeholders have the necessary time and guidance to comply with the new requirements. These provisions are crucial for maintaining legal continuity and ensuring that the new export control measures are effectively integrated into existing legal frameworks.