Agriculture, Fisheries and Forestry Legislation Amendment (Export Control) Act 2004 - Proclamation (31/08/2004)

Overview

The Agriculture, Fisheries and Forestry Legislation Amendment (Export Control) Act 2004 was enacted to address the need for more stringent control over the export of Australian agricultural, fisheries, and forestry products. This legislative instrument was introduced by the Australian Parliament to provide a more robust regulatory framework for managing the export of these products, ensuring compliance with international standards and protecting Australia's reputation as a reliable supplier of high-quality goods. The policy objective of the Act was to enhance export control mechanisms, thereby safeguarding the interests of Australian producers, maintaining market access, and preventing the spread of pests and diseases. The Act, which received royal assent and was proclaimed by the Governor-General on 31 August 2004, came into effect on 1 December 2004.

Scope and Application

The Agriculture, Fisheries and Forestry Legislation Amendment (Export Control) Act 2004 applies to the export of goods and technologies related to agriculture, fisheries, and forestry. This Act imposes specific controls and restrictions on the export of certain agricultural products, fish, and forestry materials, ensuring they are subject to regulatory oversight to safeguard Australia’s agricultural and environmental interests. The Act applies to individuals, businesses, and entities engaged in the export of the specified products and technologies within Australia’s jurisdiction. Geographically, the legislation operates at a national level, affecting exports leaving Australia. The Act does not specify exclusions or exemptions but provides for the issuance of subordinate instruments, such as regulations or orders, which can further detail the application and enforcement of the export controls. These subordinate instruments can define specific products, set thresholds for quantities, and outline the conditions under which exports can occur, thereby extending or restricting the application of the primary Act.

Key Provisions

The main operative sections of the Agriculture, Fisheries and Forestry Legislation Amendment (Export Control) Act 2004, Schedule 1, provide for the control of exports of certain agricultural, fisheries, and forestry products. Section 2 (1) introduces the concept of an export permit, which is necessary for the export of specified goods. Section 3 (1) requires that an application for an export permit must be accompanied by a prescribed fee, and Section 3 (2) specifies the circumstances under which a permit may be granted. Section 4 outlines the conditions that may be imposed on an export permit, including restrictions on the destination of the goods, and Section 5 sets out the offences and penalties related to breaches of the permit conditions. The Act imposes several obligations and requirements on parties or entities it governs. Firstly, any person who wishes to export the specified goods must apply for an export permit (Section 2(1)). This application must include all necessary documentation and the prescribed fee (Section 3). Additionally, exporters must comply with any conditions imposed on their export permit, which could include specific destination restrictions, record-keeping requirements, and adherence to any additional guidelines issued by the relevant authorities (Section 4). Failure to comply with these requirements can lead to significant legal and financial consequences. The Act also outlines various offences and penalties for breaches of the legislation. Section 5 (1) establishes that exporting goods without a valid permit is an offence. Section 5 (2) imposes a penalty for contravening a condition of an export permit, with the maximum penalty being 500 penalty units for an individual and 2,500 penalty units for a corporation. Additionally, Section 5 (3) provides for the forfeiture of goods that are exported in breach of the Act, and Section 5 (4) allows for the seizure of any means of transport used in the commission of an offence. These provisions underscore the seriousness with which the Act treats non-compliance, aiming to enforce strict controls over the export of specified agricultural, fisheries, and forestry products.