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.
Overview
The Export Control Act 1982 was enacted to regulate the export of goods, services, and technology from Australia, particularly to prevent the unauthorised export of items that could threaten national security or contravene international obligations. The Act was introduced to address the need for stringent control over exports to protect Australia's interests and adhere to international standards. The Export Control (Animals) Amendment Order 2005 (No. 2) was subsequently introduced to make minor adjustments to the Export Control (Animals) Order 2004, primarily to reflect the repeal of the Prescribed Goods (General) Orders 1985 and their replacement with the Export Control (Prescribed Goods - General) Order 2005. This Amendment Order was made under the authority of the Minister for Agriculture, Fisheries and Forestry, ensuring that references to the outdated Prescribed Goods Orders were updated to align with the new regulatory framework. The policy objective is to streamline and modernise the export control mechanisms to maintain efficacy and compliance with current legal standards.
Scope and Application
The Export Control (Animals) Amendment Order 2005 (No. 2) amends the Export Control (Animals) Order 2004, updating references to the old Prescribed Goods (General) Orders 1985 with references to the new Export Control (Prescribed Goods - General) Order 2005. This Amendment Order applies to entities involved in the export of animals and goods specified under the Export Control Act 1982, primarily targeting those who are required to comply with export control regulations to ensure adherence to international obligations and standards. The changes are effective from 1 July 2005 and are confined to the substitution of references, without introducing new substantive rules or significantly altering existing arrangements. Consequently, the scope remains within the bounds of the Export Control Act 1982, ensuring that the legislative intent to regulate and control the export of animals and goods is maintained. This amendment facilitates smoother integration with the updated Prescribed Goods Order, ensuring that all references within the principal order are aligned with the current regulatory framework.
Key Provisions
The Export Control (Animals) Amendment Order 2005 (No. 2) amends certain provisions of the Export Control (Animals) Order 2004, primarily by updating references from the old Prescribed Goods (General) Orders 1985 to the new Export Control (Prescribed Goods - General) Order 2005 (Sections 1-3 and Schedule 1). This amendment is intended to align the regulations with the most recent legislative changes, ensuring that the references within the Export Control (Animals) Order 2004 are current and consistent with the new regulatory framework. The changes are of a minor nature and do not alter the substantive requirements or obligations under the existing legislation.
Under the Export Control Act 1982, the Minister for Agriculture, Fisheries and Forestry has the authority to make orders concerning the export of animals and related matters, as long as these orders do not conflict with the Act or the regulations made under it (Sections 25(1) and 25(2)(g)). The Export Control (Animals) Amendment Order 2005 (No. 2) falls within this framework, as it updates specific references in the Export Control (Animals) Order 2004 to reflect the new Prescribed Goods Order. This ensures that any requirements or permissions under the Export Control Act continue to operate effectively within the updated regulatory environment.
The Amendment Order imposes certain obligations on entities and individuals involved in the export of animals. Specifically, it mandates that exporters ensure that their practices comply with the updated references to the new Prescribed Goods Order. This includes adhering to any new requirements or restrictions that may be introduced through the updated order. The changes are designed to streamline and modernise the regulatory framework while maintaining the overall intent and objectives of the Export Control Act.
The Export Control Act 1982 provides for various offences and penalties for breaches of its provisions. Any person who contravenes the Act or the regulations made under it may be subject to fines, imprisonment, or both, depending on the nature and severity of the offence. For example, under the Act, a person who exports animals without the necessary approval or in violation of the conditions attached to an export permit may face significant penalties. The maximum penalties for such offences can include substantial fines and/or imprisonment, reflecting the seriousness of non-compliance with export control regulations.