Export Control Amendment (Miscellaneous Measures) Act 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2021A00011 In force Act

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Export Control Amendment (Miscellaneous Measures) Act 2021

 

No. 11, 2021

 

 

 

 

 

An Act to amend the Export Control Act 2020, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Export Control Act 2020

 

 

 

Export Control Amendment (Miscellaneous Measures) Act 2021

No. 11, 2021

 

 

 

An Act to amend the Export Control Act 2020, and for related purposes

[Assented to 1 March 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Export Control Amendment (Miscellaneous Measures) Act 2021.

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.

2 March 2021

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

 

Export Control Act 2020

1  Paragraphs 120(3)(a) and (b)

Repeal the paragraphs, substitute:

 (a) the requirements referred to in paragraphs 112(2)(b) to (f) would continue to be met; and

 (b) any other requirement prescribed by the rules would be met; and

 (c) in the case of a variation because a new person (other than the occupier of the registered establishment) has started, or is to start, managing or controlling export operations at the registered establishment—the occupier of the registered establishment is a fit and proper person (having regard to the matters referred to in section 372).

2  At the end of subsection 225(2)

Add:

 ; (c) whether any other requirement prescribed by the rules has been met, or will be met before the goods to which the application relates are imported into the importing country.

3  Paragraph 242(c)

Repeal the paragraph, substitute:

 (c) at the time or within the period prescribed by the rules, or at a different time or within a different period allowed by the Secretary.

The rules may provide that the Secretary may approve a notice of intention to export a consignment of a kind of prescribed goods.

4  Section 243 (heading)

Omit “requirements”.

5  Subsection 243(1)

Omit all the words before paragraph (a), substitute:

 (1) If the rules provide for a notice of intention to export a consignment of prescribed goods to be given, the notice must:

6  Paragraph 243(1)(g)

Repeal the paragraph, substitute:

 (g) be given:

 (i) at the time or within the period prescribed by the rules; or

 (ii) if the Secretary allows a different time or a different period in relation to the consignment—at that time or within that period.

7  At the end of section 243

Add:

Rules may provide for the Secretary to approve notice of intention to export consignment

 (5) The rules may:

 (a) provide that the Secretary may approve, or refuse to approve, a notice of intention to export a consignment of a kind of prescribed goods that is given in compliance with the requirements referred to in subsection (1) for the notice; and

 (b) make provision for and in relation to matters related to the Secretary’s decision to approve or refuse to approve the notice.

8  Paragraph 372(1)(a)

After “117”, insert “, 120”.

9  Section 386 (at the end of the heading)

Add “or tariff rate quota certificates”.

10  At the end of subsection 386(1)

Add “or tariff rate quota certificates”.

11  Subsection 386(1) (note)

Omit “entitlements”, substitute “systems”.

12  Subsection 386(2)

After “entitlements”, insert “or tariff rate quota certificates”.

13  At the end of subsection 386(3)

Add “or tariff rate quota certificates”.

14  Paragraph 432(3)(g)

Repeal the paragraph, substitute:

 (g) any matter contained in any instrument or writing that:

 (i) sets out, or provides a method for calculating, the tariff rate quota for the importation of a kind of goods into a country from Australian territory; and

 (ii) is made by the authority or body that is responsible for regulating the importation of goods of that kind into that country from Australian territory;

 (h) any matter contained in an agreement between Australia and another country or a body (for example, the European Union) that sets out, or provides a method for calculating, the tariff rate quota for the importation of a kind of goods into a country covered by the agreement from Australian territory.

(148/20)

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 November 2020

Senate on 3 February 2021]

 

 

Overview

The Export Control Amendment (Miscellaneous Measures) Act 2021 was enacted by the Parliament of Australia to amend the Export Control Act 2020. This Act aims to introduce miscellaneous measures to strengthen the regulatory framework around the export of certain goods and technologies, ensuring that they do not contribute to the proliferation of weapons of mass destruction or other sensitive technologies. The Act came into effect on 2 March 2021, the day after receiving Royal Assent. It makes various amendments to the Export Control Act 2020, including changes to the conditions under which exports of prescribed goods can be approved, and it introduces new requirements for the approval of notices of intention to export certain consignments. These amendments are intended to enhance the effectiveness of export controls and align the regulatory environment with current national security and foreign policy objectives.

Scope and Application

The Export Control Amendment (Miscellaneous Measures) Act 2021 amends the Export Control Act 2020 to refine and update the regulatory framework governing the export of goods from Australia. This Act applies to individuals and entities involved in the export of specified goods, and it pertains to the export operations and transactions involving those goods. The geographic scope of the Act is nationwide, impacting all states and territories within the Commonwealth of Australia. The Act does not explicitly state any exclusions or exemptions, though it does provide for certain conditions under which the Secretary may approve notices of intention to export prescribed goods. The Act allows for further definition and regulation through subordinate instruments, which can specify particulars such as the timing and conditions for the approval of export notices, as well as other related matters. The Act came into effect on 2 March 2021, the day after receiving Royal Assent, with specific provisions within the Act commencing on the same date or as otherwise specified in the Act.

Key Provisions

The main operative sections of the Export Control Amendment (Miscellaneous Measures) Act 2021 (C2021A00011) primarily focus on modifying the Export Control Act 2020. The significant amendments include changes to the criteria for managing and controlling export operations at registered establishments (section 120), the addition of new considerations in determining whether a goods export licence should be granted (section 225), and adjustments to the notice of intention to export prescribed goods (sections 242 and 243). These sections also introduce the possibility for the Secretary to approve or refuse notices of intention to export certain goods (section 243(5)). Furthermore, the Act extends the scope of export controls to include tariff rate quota certificates (sections 372, 386, and 432). The obligations imposed by the Act on parties and entities primarily revolve around compliance with the updated rules and regulations under the Export Control Act 2020. For example, those managing or controlling export operations at registered establishments must ensure that the requirements specified in the new Act are met, including ensuring the occupier of the establishment is a fit and proper person. Additionally, the Act mandates that any notice of intention to export prescribed goods must be submitted at the time or within the period prescribed by the rules, or as allowed by the Secretary. Furthermore, the Act requires that certain conditions, such as compliance with tariff rate quotas, be adhered to when exporting goods. Breaches of the Act may result in various penalties and consequences. While specific penalties are not detailed within the Act itself, violations of the Export Control Act 2020 can generally lead to substantial fines and imprisonment under the original Act. For instance, non-compliance with export control regulations can result in penalties that include fines of up to AUD 100,000 and imprisonment for up to two years for individuals, and greater penalties for corporations. Additionally, failure to comply with the rules regarding notices of intention to export prescribed goods could result in the refusal of an export licence or other enforcement actions by the Secretary.

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International Trade Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
Civil Penalty Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.