EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Fees) Amendment Orders 2005 (No. 1)
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 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.
The Export Control (Fees) Orders 2001 (“the Principal Orders”), are made by the Minister under regulation 3 of the Export Control (Orders) Regulations 1982 (“the Regulations”) which 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 (Fees) Amendment Orders 2005 (“the Amendment Orders”) is to make amendments to certain provisions of the Principal Orders arising from the enactment of the Export Control (Prescribed Goods – General) Order 2005 (“the new Prescribed Goods Orders”) which repeal the Prescribed Goods (General) Orders 1985 (“the old Prescribed Goods Orders”). In particular, the Amendment Orders substitute the references to the old Prescribed Goods Orders with the new Prescribed Goods Orders.
The Amendment Orders also make amendments to the Principal Orders arising from the enactment of the following orders:
- The Export Control (Dairy, Eggs and Fish) Orders 2005 which repeal the Export Control (Processed Food) Orders;
- The Export Control (Meat and Meat Products) Orders 2005 which repeal the Export Meat Orders; and
- The Export Control (Plants and Plant Products) Orders 2005 which repeal the Grain, Plants and Plant Products Orders, the Export Control (Fresh Fruit and Vegetables) Orders and the Export Control (Dried Fruits) Orders.
Consultation was not undertaken for the making of the Amendment Orders 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 Orders are set out below:
Order 1
This order provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2005 (No. 1).
Order 2
This order provides that the Amendment Orders commence on 1 July 2005.
Order 3
This order provides that Schedule 1 amends the Principal Orders.
Schedule 1 Amendments
Item 1
This item substitutes the reference to the Prescribed Goods (General) Order 1985 with a reference to the Export Control (Prescribed Goods – General) Orders 2005.
Item 2
This item substitutes the reference to the Grains, Plant and Plant Products Orders with a reference to the Export Control (Plants and Plants Products) Orders 2005.
Item 3
This item substitutes the reference to the Export Control (Dried Fruits) Orders with a reference to the Export Control (Plants and Plant Products) Orders 2005.
Item 4
This item deletes the definition of EDI user identifier as this term is not used in the Principal Orders and inserts a definition of egg products. This term has not previously been separately defined in the Principal Orders but was incorporated into the definition of eggs. The term has been separately defined as having the same meaning as in the Export Control (Dairy, Eggs and Fish) Orders 2005 which ensure consistency with those orders.
Item 5
This item amends the definition of eggs so that it has the same meaning as in Order 8 of the Export Control (Dairy, Eggs and Fish) Orders 2005, ensuring consistency between the Principal Orders and the Export Control (Dairy, Eggs and Fish) Orders 2005.
Item 6
This item substitutes the reference to the Export Control (Processed Food) Orders with a reference to Order 8 of the Export Control (Dairy, Eggs and Fish) Orders 2005.
Item 7
This item inserts a definition of fish products which is defined to mean the same as 'fish products' in Order 8 of the Export Control (Dairy, Eggs and Fish) Orders 2005. This definition has been inserted to ensure consistency between the Principal Orders and the Export Control (Dairy, Eggs and Fish) Orders 2005.
Item 8
This item substitutes the reference to Export Control (Fresh Fruit and Vegetables) Orders with a reference to the Export Control (Plants and Plant Products) Orders 2005.
Item 9
This item inserts a definition of government certificate which is defined to have the same meaning as in the Export Control (Dairy, Eggs and Fish) Orders 2005. The amendment has been made to ensure consistency with the Principal Orders and the Export Control (Dairy, Eggs and Fish) Orders 2005 which uses the term health certificate.
Item 10
This item substitutes the reference to Grain, Plants and Plant Products Orders with the Export Control (Plants and Plant Products) Orders 2005.
Item 11
This item deletes the definition of health certificate to reflect the inclusion of the term 'health certificate' in amending Item 10 above.
Item 12
This item inserts definitions for the terms meat, meat products, milk and milk products. The definitions for the terms meat and meat products align with the definitions used in the Export Control (Meat and Meat Products) Orders 2005 and ensure consistency between the Principal Orders and those orders. The definitions for the terms milk and milk products ensure consistency with the definitions of these terms in Order 8 of the Export Control (Dairy, Eggs and Fish) Orders 2005. Item 13 also deletes the definition of MSQA establishment. This definition has been deleted as the distinction between MSQA and non-MSQA establishments is not retained in the Export Control (Meat and Meat Products) Orders 2005.
Item 13
This item deletes the definition of non-MSQA establishment for the reason described in amending Item 12 above.
Items 14, 15 and 17
This item substitutes references to the Grain, Plants and Plant Products Orders, Prescribed Goods (General) Orders 1985 and the Export Meat Orders with references to the Export Control (Plants and Plant Products) Orders 2005, Export Control (Prescribed Goods – General) Orders 2005 and the Export Control (Meat and Meat Products) Orders 2005 respectively.
Item 16
This item deletes the reference to unprocessed nuts as this term is not used in the Export Control (Plants and Plant Products) Orders 2005.
Item 18
This item amends order 14 to clarify that fees are imposed for fish, fish products, eggs and egg products. The item also substitutes the reference to Prescribed Goods (General) Orders 1985 with a reference to the Export Control (Prescribed Goods – General) Order 2005.
Item 19
This item amends order 25 to make it clear that references to meat, fish, milk and eggs also includes references to meat products, fish products, milk products and egg products. Similarly, the reference to Order 8A of the Prescribed Goods (General) Orders 1985 has been substituted with a reference to section 8.05 of the Export Control (Prescribed Goods – General) Order 2005.
Item 20
This item substitutes 'fish' with 'fish or fish products' to reflect the amendments made to the definition of fish and the insertion of the definition for 'fish products'.
Item 21
This item deletes Part 6 of the Principal Orders as the Export Control (Prescribed Goods – General) Order 2005 do not retain approval for chemical compounds.
Item 22
This item substitutes the reference to the Prescribed Goods (General) Orders 1985 with a reference to the Export Control (Prescribed Goods – General) Order 2005.
Item 23
This item amends the heading to Part 8 of the Principal Orders to delete the reference to 'certifying bodies' and to insert in its place the term 'approved auditors'. This heading has been amended as the Export Control (Dairy, Eggs and Fish) Orders 2005 does not make provision for third party certifying bodies.
Item 24
This item deletes the definition of accredited third party certifying body in Order 36 as this term is no longer used in the Export Control (Dairy, Eggs and Fish) Orders 2005.
Item 25
This item substitutes the reference to the Export Control (Processed Food) Orders with a reference to Order 8 of the Export Control (Dairy, Eggs and Fish) Orders 2005.
Item 26
This item deletes Order 37 for the reasons described in amending Item 24 above.
Items 27 and 28
This item amends Order 39 to substitute the term 'accredited third party certifying bodies' with the term 'approved auditors' for the reasons described in amending Item 24 above.
Item 29
This item deletes Order 40(1) for the reasons described in amending Item 24 above.
Item 30
This item deletes the reference to accredited third party certifying body and replaces it with a reference to approved auditor for the reasons described in amending Item 24 above.
Item 31
This item omits Order 50 as these fees are already captured by Order 19 of the Principal Orders.
Item 32
This item substitutes the reference to the Prescribed Goods (General) Orders 1985 with a reference to the Export Control (Prescribed Goods – General) Order 2005.
Item 33
This item amends schedule 1, item 1, columns 2 and 3 so that they apply a single hourly rate for the area technical manager. This amendment has been made because the description of the daily and hourly rates for area technical managers do not refer to 'other than routine audits' nor distinguish between MSQA or non-MSQA establishments - that is, the MSQA and non-MSQA is not retained in the Export Control (Meat and Meat Products) Orders 2005.
Item 34
This item amends schedule 1, item 2, columns 2 and 3 to combine the daily rates for an area technical manager for the same reasons described in amending Item 33 above.
Item 35
This item amends schedule 3, item 9 to substitute the reference to the Prescribed Goods (General) Orders 1985 with the correct reference in the Export Control (Prescribed Goods – General) Orders 2005.
Item 36
This item substitutes the reference to 'meat' with a reference to 'meat, meat products'.
Item 37
This item amends heading to item 1 of schedule 5, by deleting the reference to health certificate and replacing it with a reference to government certificate for the reasons described in amending Item 10 above.
Item 38
This item substitutes the reference to 'dairy products' with a reference to 'milk or milk products'.
Item 39
This item amends the heading to items 31 to 33 of schedule 5, to refer to 'eggs or egg products'.
Item 40
This item substitutes the reference to Prescribed Goods (General) Order 1985 with the correct reference in the Export Control (Prescribed Goods – General) Orders 2005.