Export Control Amendment Act 2003

Overview

The Export Control Amendment Act 2003, enacted by the Parliament of Australia and assented to on 25 August 2003, serves to amend the Export Control Act 1982. This amendment was introduced to address specific gaps in the existing export control framework, particularly in relation to the export of goods from the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands. The policy objective of this Act is to ensure that the export control mechanisms are robust and inclusive of all Australian territories, thereby maintaining national security and compliance with international obligations. The Act includes provisions for the issuance of certificates for goods exported from these territories, aligning with the requirements of the Criminal Code and other relevant legislative provisions. The Act came into effect in stages, with certain provisions commencing immediately upon Royal Assent, while others were set to commence on dates specified by proclamation or following the commencement of related legislation. This staggered approach facilitated a smooth transition and integration of the new measures with existing laws. By addressing the specific needs of the territories of Christmas Island and Cocos (Keeling) Islands, the Export Control Amendment Act 2003 ensures that the export control regime is comprehensive and effectively managed across all Australian jurisdictions.

Scope and Application

The Export Control Amendment Act 2003 amends the Export Control Act 1982 and applies to all persons and entities engaged in the export of goods, services, or technology from Australia, as well as to the conduct and transactions involved in such activities. The Act has a Commonwealth jurisdiction and extends its reach to all territories of Australia, including the mainland and external territories, with certain exceptions for the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, which are addressed separately in the amendments. The Act allows for the creation of subordinate legislation to further specify the types of exports that require certification and the process by which such certification may be granted, thereby extending or restricting the application of the primary Act through regulations. The Act came into effect on various dates, as specified in the commencement section, with certain provisions taking effect immediately after the commencement of related acts and others on dates to be fixed by proclamation.

Key Provisions

The Export Control Amendment Act 2003 amends the Export Control Act 1982 by making several changes to its provisions. Firstly, it updates the reference in subsection 11Q(5) to replace "section 16" with "section 137.1 or 137.2 of the Criminal Code that relates to the information or document" (Schedule 1, item 1). Secondly, it clarifies the geographical scope of Australia by excluding the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands in subsection 23(1) (Schedule 1, item 2). Thirdly, it introduces a new subsection 23(1AA) to allow for the issuance of certificates in relation to goods to be exported from these territories (Schedule 1, item 3). The regulations governing these certificates can specify that they may be issued by the Secretary, an authorised officer, or a person approved by the Secretary (Schedule 1, item 3(1AB)). Lastly, it amends subsection 23(2) to reflect the inclusion of subsection (1AA) (Schedule 1, item 4). The Act imposes several obligations on parties involved in the export of goods. Firstly, it mandates that any reference to "Australia" in the Export Control Act 1982 exclude the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands unless otherwise specified (Schedule 1, item 2). Secondly, it requires that any export of goods from these territories be accompanied by a certificate as provided for in the regulations, if applicable (Schedule 1, item 3). This certificate must relate to matters such as certification requirements of the destination country, compliance with the Act, or other relevant matters concerning the goods being exported (Schedule 1, item 3(1AA)). The regulations can specify the authority to issue such certificates (Schedule 1, item 3(1AB)). Breach of the provisions of the Export Control Act 1982, as amended by this Act, can lead to various civil and criminal consequences. Offences under the amended Act may include failure to comply with the requirements for certification of goods from the excluded territories, which could result in penalties as stipulated under the Export Control Act 1982. The maximum penalties for breaches can vary depending on the specific offence and are outlined in the Export Control Act 1982. These penalties can include fines and/or imprisonment, with the exact penalties depending on the severity and nature of the breach.