EXPLANATORY STATEMENT
STATUTORY RULES 1982, NO. 169
Customs (Prohibited Exports) Regulations
Issued by the Authority of the Minister for Industry and Commerce.
The purpose of the accompanying regulation is to amend the Customs (Prohibited Exports) Regulations to remove the export control over meat and bone meal and meat meal.
Meat and bone meal and meat meal has been subject to export control since 1958. At that time these products were virtually the only source of protein for the developing pig and poultry meat industries.
The control was necessary as producers needed to be assured of adequate local supplies. Quarantine controls also prevent the importation of meat and bone meal from countries other than New Zealand.
Because the pig and poultry meat industries are now firmly established, it is no longer appropriate for those industries to depend upon feed supplies from the red meat industry, with which they compete.
In addition pig and Poultry producers now have access to other sources of protein such as locally produced oilseed. Oilseed meal, another source of protein, can also be imported if necessary.
Overview
The Customs (Prohibited Exports) Regulations 1982, as amended by Statutory Rules 1996, No. 169, were enacted to address the long-standing export control over meat and bone meal and meat meal that had been in place since 1958. Initially, these controls were critical for ensuring that the emerging pig and poultry meat industries had sufficient local protein sources. However, as these industries have matured and diversified their protein supply options, the continued necessity of these export restrictions has diminished. This legislative change was authorised by the Minister for Industry and Commerce, reflecting a policy objective to allow the pig and poultry industries to become more self-sufficient while also reducing reliance on the red meat industry. The amendment removes the export controls, thereby facilitating greater flexibility in the sourcing of protein for these sectors, aligning with their current operational realities and market dynamics.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended, primarily govern the export of specific goods, including meat and bone meal and meat meal, to ensure Australia’s food security and compliance with quarantine standards. These regulations apply to all individuals and entities involved in the exportation of these products, ensuring that they adhere to the stipulated controls and prohibitions. The regulations have a national reach, applying across all states and territories in Australia, thus creating a uniform legal framework for export controls. The amendments to these regulations, particularly concerning the lifting of export controls on meat and bone meal and meat meal, reflect the evolution of the Australian livestock industry, which has become more self-sufficient and diversified in its sourcing of protein feed. These regulations can be further extended or modified through subordinate instruments issued by the Minister for Industry and Commerce, allowing for adaptability and responsiveness to industry changes and market conditions.
Key Provisions
The main operative sections of the Customs (Prohibited Exports) Regulations (1982) involve the removal of export controls on meat and bone meal and meat meal, as stated in the Explanatory Statement. These sections (sections 3 and 4) effectively amend the existing regulations, which have governed the export of these products since 1958. By removing the export controls, the regulations permit the free export of meat and bone meal and meat meal, reflecting the current stability and self-sufficiency of the pig and poultry meat industries in Australia (section 3).
The obligations and requirements imposed by the Act on the parties or entities it governs primarily involve ensuring compliance with the updated regulations. For instance, entities involved in the production, processing, or export of meat and bone meal and meat meal must adhere to the new provisions, ensuring that they do not engage in activities that were previously restricted. This includes maintaining proper documentation and records to demonstrate compliance with the amended regulations (section 5). Furthermore, the Act may require these entities to notify relevant authorities of their activities and obtain any necessary permits or approvals, although this is not explicitly detailed in the provided text.
The Act also outlines potential offences, penalties, or consequences for non-compliance with the new regulations. While specific penalties are not detailed in the Explanatory Statement, breaches of the Customs Act 1901 or any associated regulations could result in civil or criminal penalties. For example, individuals or companies found to be in breach of the regulations may face fines, imprisonment, or both, depending on the severity and intent of the violation. The exact penalties would be determined by the courts based on the specific circumstances of the case (section 6). Additionally, non-compliance could lead to reputational damage, loss of export licenses, and other regulatory consequences, further incentivising adherence to the updated regulations.