Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026
No. 44, 2026
An Act to amend the Export Control Act 2020, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Registered establishments and government certificates
Export Control Act 2020
Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026
No. 44, 2026
An Act to amend the Export Control Act 2020, and for related purposes
[Assented to 20 May 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 21 May 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Registered establishments and government certificates
Export Control Act 2020
1 Subsection 72(1)
After “kind of goods”, insert “(whether or not it relates to a consignment of goods)”.
2 After subsection 72(3)
Insert:
(3A) A government certificate that relates to a kind of goods and does not relate to a consignment of goods (or to 2 or more consignments of goods) remains in force until the earlier of the following:
(a) any expiry date specified in the certificate;
(b) the day that is 18 months after the date on which it was issued.
3 Subsection 72(4)
Omit “subsections (2) and (3), a government certificate in relation to a kind of goods”, substitute “subsections (2), (3) and (3A), a government certificate in relation to a kind of goods (whether or not it relates to a consignment of goods)”.
4 Section 143 (heading)
Repeal the heading, substitute:
143 Export operations without required registration
5 After paragraph 143(1)(a)
Insert:
(ab) that kind of export operations in relation to that kind of goods is required by the rules to be carried out at an establishment which is registered for that kind of operations in relation to that kind of goods; and
6 Application of amendments
(1) The amendments made by items 1 to 3 of this Schedule apply in relation to government certificates issued on or after the commencement of this item.
(2) The amendments made by items 4 and 5 of this Schedule apply in relation to the conduct of an occupier of a registered establishment that occurs on or after the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 12 March 2026
Senate on 25 March 2026]
Overview
The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 was enacted to amend the Export Control Act 2020, addressing certain ambiguities and gaps related to the obligations of registered establishments and the validity of government certificates. This Act was introduced by the Parliament of Australia and received Royal Assent on 20 May 2026. The primary objective of this amendment is to clarify the scope and duration of government certificates and to explicitly define the requirements for export operations at registered establishments. This legislative change aims to enhance regulatory clarity and compliance by ensuring that both registered establishments and the issuing authorities have a clear understanding of their respective obligations under the Export Control Act.
Scope and Application
The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 amends the Export Control Act 2020 to clarify obligations concerning registered establishments and government certificates. This Act applies to entities and individuals involved in export operations, particularly those required to be conducted at registered establishments as specified under the rules. The legislation also applies to government certificates issued under the Export Control Act, with specific provisions governing the duration and applicability of such certificates. Geographically, this Act operates within the Commonwealth of Australia, impacting entities and individuals regardless of state or territory boundaries. Notably, this Act does not specify any exclusions or exemptions, thereby applying broadly to all relevant conduct and transactions. The application of these amendments is extended to conduct occurring on or after the commencement of this Act, as specified in the relevant provisions of the Schedule.
Key Provisions
The Export Control Amendment (Clarifying Obligations Relating to Registered Establishments) Act 2026 amends the Export Control Act 2020, focusing primarily on the clarification of obligations for registered establishments and government certificates. The key sections of the Act that amend the Export Control Act 2020 include modifications to the definitions and duration of government certificates (Schedule 1, items 1-3). Specifically, Section 72(1) is altered to clarify that the kind of goods can relate to either a consignment of goods or a broader category, while Section 72(3A) introduces a new provision that government certificates related to a kind of goods, not consignments, remain in force until the earlier of their specified expiry date or 18 months from issuance. Section 72(4) is also amended to include the new subsection 72(3A) in its references. Additionally, Section 143 now specifies that export operations related to a kind of goods must be conducted at a registered establishment if required by the rules (Schedule 1, items 4-5).
The obligations imposed by the Act on parties and entities include ensuring that export operations for certain kinds of goods are conducted at establishments registered for those operations. Registered establishments must comply with the rules governing the registration and operation of such establishments, including maintaining their registration status and meeting any other regulatory requirements. Additionally, entities that obtain government certificates must be aware of the new duration stipulations, ensuring that certificates related to kinds of goods but not specific consignments remain valid for up to 18 months unless otherwise specified. The Act also mandates that any export operations not in compliance with the registration requirements will be subject to penalties and enforcement actions.
The Act establishes specific consequences for breaches of its provisions, including both civil and criminal penalties. For instance, if an entity conducts export operations without the required registration, they may face fines and other civil penalties as stipulated under the Export Control Act 2020. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the original Act. Additionally, deliberate or negligent breaches of the obligations related to government certificates and registered establishments may result in criminal charges, with potential imprisonment for individuals found guilty of serious infractions. These provisions underscore the importance of compliance with the Act's requirements to avoid legal repercussions.