EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 320
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs Administration Act 1985
Customs Legislation Amendment Regulation 2012 (No. 2)
Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.
Similarly, section 18 of the Customs Administration Act 1985 (the Administration Act) allows the Governor-General to make regulations not inconsistent with the Administration Act prescribing all matters which by the Administration Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Administration Act.
The purpose of the Regulation is to repeal regulation 9AAA of the Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) to remove the prohibition on the exportation of bulk wheat except by an accredited wheat exporter.
Recent amendments to the Wheat Export Marketing Act 2008 (the Wheat Export Act) made by the Wheat Export Marketing Amendment Act 2012 (the Wheat Export Amendment Act) included amendments to the regulation of the export of bulk wheat. The new conditions regulating the export of bulk wheat are contained in the Wheat Export Amendment Act. Accordingly, the Principal Regulations are being amended to remove the regulation of the export of bulk wheat.
The Regulation also makes a minor consequential amendment to the Customs Administration Regulations 2000 to remove a reference to the body known as ‘Wheat Exports Australia’ which will be abolished by the Wheat Export Amendment Act on 31 December 2012.
The amendment to repeal regulation 9AAA of the Principal Regulations commences on 10 December 2012 to coincide with the abolition of the Wheat Export Accreditation Scheme.
The amendment to remove the reference to ‘Wheat Exports Australia’ commences on 1 January 2013 which is the day after the body will be abolished by the Wheat Export Amendment Act.
As the Regulation is of a minor or machinery nature, no consultation was undertaken in relation to the Regulation.
1216955A
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Customs Legislation Amendment Regulation 2012 (No. 2)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulation
The Regulation amends the Customs (Prohibited Exports) Regulations 1958 (the Prohibited Exports Regulations) and the Customs Administration Regulations 1926 (the Administration Regulations) consequential to the passage of the Wheat Export Marketing Amendment Act 2012 which amends the Wheat Export Marketing Act 2008, to amongst other things, include for regulation of the export of bulk wheat and abolish the body known as ‘Wheat Exports Australia.’
As a result of these amendments, the current regulation on the export of bulk wheat is being removed from the Prohibited Exports Regulations and the reference to Wheat Exports Australia is being removed from Administration Regulations.
Human Rights implications
This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
This legislative instrument does not raise any human rights issues.
Minister for Home Affairs
Overview
The Customs Legislation Amendment Regulation 2012 (No. 2) was introduced to amend the Customs (Prohibited Exports) Regulations 1958 and the Customs Administration Regulations 1926, in response to the Wheat Export Marketing Amendment Act 2012 which modified the Wheat Export Marketing Act 2008. This change involved the regulation of bulk wheat exports and the abolition of the body known as 'Wheat Exports Australia'. The regulation removes the prohibition on the exportation of bulk wheat except by an accredited wheat exporter, reflecting the new conditions established by the Wheat Export Marketing Amendment Act. Additionally, it eliminates the reference to 'Wheat Exports Australia' from the Customs Administration Regulations 1926 to align with its abolition under the Wheat Export Marketing Amendment Act. Issued under the authority of the Minister for Home Affairs, the regulation ensures that the Customs and Administration Acts are updated to reflect current legislative changes without impacting human rights, as confirmed by the Statement of Compatibility with Human Rights.
The Customs Legislation Amendment Regulation 2012 (No. 2) was enacted to address the need for regulatory alignment following the Wheat Export Marketing Amendment Act 2012. This amendment aimed to update the Customs (Prohibited Exports) Regulations 1958 by removing the export prohibition on bulk wheat, except for exports by accredited wheat exporters, and to adjust the Customs Administration Regulations 1926 by removing the reference to 'Wheat Exports Australia', which was abolished by the Wheat Export Marketing Amendment Act. The regulation, issued by the Minister for Home Affairs, ensures that the Customs and Customs Administration Acts remain effective and compliant with the latest legislative reforms, while affirming compatibility with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Customs Legislation Amendment Regulation 2012 (No. 2) applies to the Customs Act 1901 and the Customs Administration Act 1985, specifically addressing the export of bulk wheat and the reference to the abolished entity 'Wheat Exports Australia'. It targets entities involved in the export of bulk wheat and their associated administrative procedures, as well as the regulatory framework governing these activities. The regulation's jurisdictional reach is aligned with the Commonwealth of Australia, ensuring consistency across federal borders. The regulation repeals the prohibition on the export of bulk wheat, except by an accredited wheat exporter, effective from 10 December 2012, and removes references to 'Wheat Exports Australia' from the Customs Administration Regulations 2000, effective from 1 January 2013. These changes follow the amendments to the Wheat Export Marketing Act 2008 made by the Wheat Export Marketing Amendment Act 2012. The regulation does not engage with any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.
Key Provisions
The Customs Legislation Amendment Regulation 2012 (No. 2) primarily amends the Customs (Prohibited Exports) Regulations 1958 and the Customs Administration Regulations 2000. Regulation 9AAA of the Prohibited Exports Regulations, which imposed a prohibition on the export of bulk wheat except by an accredited wheat exporter, is repealed (paragraph 3). This repeal is aligned with recent amendments to the Wheat Export Marketing Act 2008 by the Wheat Export Marketing Amendment Act 2012, which introduced new conditions governing the export of bulk wheat. The repeal of regulation 9AAA commences on 10 December 2012, the same day as the abolition of the Wheat Export Accreditation Scheme. In addition, the Customs Administration Regulations 2000 are amended to remove the reference to 'Wheat Exports Australia', a body that will be abolished by the Wheat Export Amendment Act on 31 December 2012 (paragraph 4). This amendment comes into effect on 1 January 2013.
These changes place certain obligations on parties involved in the export of bulk wheat. The repeal of regulation 9AAA means that the export of bulk wheat is no longer restricted to accredited wheat exporters. This change likely requires exporters to comply with the new conditions set forth in the Wheat Export Marketing Amendment Act 2012, ensuring that they adhere to the updated regulatory framework. The removal of the reference to 'Wheat Exports Australia' from the Customs Administration Regulations 2000 signifies that any administrative or operational functions previously managed by this entity must now be managed under the new legislative environment established by the Wheat Export Marketing Amendment Act 2012.
There are no specific offences or penalties outlined within the Regulation itself, but any breaches of the Wheat Export Marketing Amendment Act 2012 may result in civil or criminal consequences. Under the Wheat Export Marketing Act 2008, penalties for breaches can include fines and imprisonment. The exact penalties depend on the nature and severity of the breach, with potential fines ranging up to several thousand Australian dollars and imprisonment terms extending up to two years for individuals, and greater penalties for corporate entities. These penalties reflect the seriousness with which the Australian government treats the regulation of wheat exports, ensuring compliance with the updated legislative requirements.