EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Animals) Amendment Order 2005 (No. 2)
Subsection 25(1) of the Export Control Act 1982 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Paragraph 25(2)(g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations.
Regulation 3 of the Export Control (Orders) Regulations 1982 provides that the Minister may, by instrument in writing, make orders, not inconsistent with regulations made under the Act, with respect to any matter for or in relation to which provision may be made by regulations under the Act.
The purpose of the Export Control (Animals) Amendment Order 2005 (No. 2) (“the Amendment Order”) is to make amendments to certain provisions of the Export Control (Animals) Order 2004 (“the Principal Order”) which are consequential upon the enactment of the Export Control (Prescribed Goods - General) Order 2005 (“the new Prescribed Goods Order”) which repeal the Prescribed Goods (General) Orders 1985 (“the old Prescribed Goods Orders”). In particular, the Amendment Order substitutes references to the old Prescribed Goods Orders with the new references to the new Prescribed Goods Order.
Consultation was not undertaken for the making of the Amendment Order because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. For the same reason, the Office of Regulation Review advised that a regulation impact statement is not required.
Details of the Amendment Order are set out below:
Section 1
This section provides that the name of the Amendment Order is the Export Control (Animals) Amendment Order 2005 (No. 2).
Section 2
This section provides that the Amendment Order commences on 1 July 2005.
Section 3
This section provides that Schedule 1 amends the Principal Order.
Schedule 1 – Amendments
Items 1 to 13
These items replace references to the old Prescribed Goods Orders with references to the new Prescribed Goods Order.