Export Control Amendment Act 1991

Overview

The Export Control Amendment Act 1991 was enacted by the Parliament of Australia to amend the Export Control Act 1982, addressing certain regulatory gaps and enhancing enforcement mechanisms. The principal objective of this legislation is to strengthen the regulatory framework governing the export of controlled goods, ensuring compliance with international obligations and national security interests. This amendment introduces more stringent penalties for various offences related to the export of prescribed goods, including imprisonment terms that replace or supplement the previous fines. Additionally, the Act allows for the issuance of certificates concerning the export of goods, facilitating compliance with international certification requirements and domestic regulations. These amendments aim to bolster the effectiveness of the Export Control Act 1982 in managing the export of goods that may pose risks to national security or international relations.

Scope and Application

The Export Control Amendment Act 1991 amends the Export Control Act 1982, which applies to individuals and entities involved in the export of goods from Australia. This includes those who present goods for export to authorised officers, the export of specified goods, and the supply of goods or services to authorised officers. The Act applies nationally across Australia, covering all states and territories. The scope of the Act extends to the export of prescribed goods, which are subject to specific conditions and restrictions, and it mandates the presentation of these goods to authorised officers for compliance verification. The Act imposes penalties, including imprisonment, for various offences such as the false representation of compliance with export conditions, export of prohibited goods, and obstructing authorised officers. The Act also provides for the issuance of export certificates and outlines the process for their application and cancellation. The Act's application can be further defined and extended through subordinate regulations, which can set out specific conditions, restrictions, and processes related to exports.

Key Provisions

The Export Control Amendment Act 1991 primarily serves to amend the Export Control Act 1982, introducing significant changes to the definitions, obligations, and penalties associated with the export of prescribed goods. Section 3 redefines key terms such as "enter for export" and "enter for export to a specified place," clarifying the stages at which goods must be presented to authorised officers for compliance checks. Section 7a introduces new offences related to the false representation of compliance with export conditions and restrictions, with penalties including imprisonment for up to five years. Section 8 adjusts the penalties for exporting prescribed goods without compliance, replacing monetary fines with imprisonment for up to five years. Additionally, Section 23 introduces provisions for the issue of export certificates by the Secretary, which may be required by importing countries or necessary under Australian law. The Act imposes several obligations on parties involved in the export process. Section 7a requires that any person entering prescribed goods for export must truthfully represent compliance with applicable conditions and restrictions, with false representation constituting an offence. Section 23 mandates that the Secretary may issue certificates for goods to be exported, provided certain conditions are met, and allows for the cancellation of such certificates if the information is found to be incorrect. Furthermore, Section 12 and Section 13 obligate individuals to assist authorised officers in their duties, with failure to do so resulting in penalties. Authorised officers themselves are subject to restrictions, as outlined in Section 24(1a), which prohibits them from receiving goods or services from registered establishment owners or their agents without prior written approval from the Secretary. Breaches of the amended provisions carry severe penalties. Section 7a imposes a penalty of imprisonment for five years for falsely representing compliance with export conditions. Section 8 also carries a maximum penalty of five years imprisonment for exporting prescribed goods without compliance. Section 12 and Section 13, which deal with obstructing authorised officers and failure to assist them respectively, are subject to a penalty of imprisonment for six months. Additionally, contravention of regulations relating to official marks and false trade descriptions, as amended in Section 14 and Section 15, incur a penalty of imprisonment for five years. Section 16, concerning false declarations, carries a penalty of imprisonment for 12 months. The amendments also affect indictable offences, with Section 17 now including offences under sections 7a, 8, 14, and 15, carrying a maximum penalty of imprisonment for 12 months.