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. 2)
Sub-section 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 to be prescribed or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Paragraph 25(2)(d) of the Act allows regulations to be made for the imposition of fees in connection with the performance of services by authorised officers and the remission of fees so imposed. 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 made under the Act.
The Export Control (Fees) Orders 2001 (“the Principal Orders”) impose fees in connection with the performance of services by authorised officers, including the performance of particular services related to the export of live animals or animal reproductive material.
The purpose of the Export Control (Fees) Amendment Orders 2005 (No. 2) (“the Amendment Orders”) is to amend the Principal Orders to create a standing exemption for fees payable in relation to export of disability assistance dogs, so that persons with disabilities who require the assistance of a disability assistance dog are not charged export fees for services provided in relation to that dog at the time of its export. The exemption is provided in recognition of the fact that disability assistance dogs enable persons with disabilities to travel and function independently. The exemption is designed to reduce the expense associated with the export of disability assistance dogs by persons requiring their assistance but it is not intended to reduce the integrity of export services provided in relation to those dogs.
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 Amendment Orders are as follows:
Order 1
This order provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2005 (No. 2).
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 replaces the reference to the ‘Export Control (Animals) Orders’ in the definition for animal reproductive material in suborder 4(1) of the Principal Orders with a reference to the Export Control (Animals) Order 2004. This amendment is consequential on the making of the Export Control (Animals) Order 2004, which revoked the Export Control (Animals) Orders.
Item 2
This item omits the definition for live animal, as live animal is no longer defined in the Export Control (Animals) Order 2004. The meaning of live animal in the Export Control (Animals) Order 2004 and the Principal Orders is the meaning given in the ordinary dictionary definition of live animal.
Item 3
This item inserts a new order 23A after order 23, which specifies that nothing in Part 4 or Schedule 4 is taken to impose any fee for any service in connection with the export of a dog that has been professionally trained to assist a person with a particular disability and that, at the time of its export from Australia, is accompanying a person with a disability who has a certificate from a medical specialist practitioner in a speciality relevant to the disability stating that the person requires the assistance of such a dog.
Item 4
This item omits the words ‘under the Export Control (Animals) Orders’ from items 1 and 2 in Schedule 4, as these orders no longer exist. The item does not insert a reference to the Export Control (Animals) Order 2004, as this reference is not necessary in the context of the Schedule.
Overview
The Export Control (Fees) Amendment Orders 2005 (No. 2) were enacted to amend the Export Control (Fees) Orders 2001, which were themselves made under the authority of the Export Control Act 1982. The 2005 Amendment Orders were introduced to address the issue of export fees for disability assistance dogs, aiming to alleviate the financial burden on persons with disabilities who rely on these specially trained animals for assistance and independence. The Act was enacted by the Australian Parliament and serves to regulate the export of certain goods, services, and technologies. The policy objective behind these amendments was to create a standing exemption for fees associated with the export of disability assistance dogs, recognising the crucial role these animals play in enabling individuals with disabilities to travel and function independently. The amendments were of a minor nature and did not require extensive consultation or a regulation impact statement, as they did not substantially alter existing arrangements.
Scope and Application
The Export Control Act 1982, as amended by the Export Control (Fees) Amendment Orders 2005 (No. 2), applies to the fees associated with the export of live animals and animal reproductive material, particularly focusing on the services rendered by authorised officers. This legislation applies to individuals and entities involved in the export of such animals, with a specific focus on providing an exemption for export fees in relation to disability assistance dogs. The jurisdictional reach of this Act is national, as it is a Commonwealth Act, thereby extending across all states and territories of Australia. The Act does not specify exclusions or exemptions beyond those detailed within the Amendment Orders, which include the exemption for fees related to the export of professionally trained disability assistance dogs. The application of the Act may be further extended or restricted by subordinate instruments, such as the Export Control (Fees) Orders 2001, which the Amendment Orders seek to modify.
Key Provisions
The main operative sections of the Export Control (Fees) Amendment Orders 2005 (No. 2) are found within Schedule 1, which amends the Principal Orders by introducing a new order 23A. Order 23A (item 3) specifies that no fee shall be imposed for any service in connection with the export of a dog that has been professionally trained to assist a person with a particular disability and is accompanying a person with a disability who holds a certificate from a medical specialist practitioner relevant to the disability. The purpose of this provision is to exempt the export of disability assistance dogs from fees, thereby alleviating the financial burden on individuals with disabilities who rely on these animals for support and independence (item 3).
The Amendment Orders impose obligations on authorised officers under the Export Control Act 1982 to ensure that no fee is charged for services related to the export of professionally trained disability assistance dogs. These officers must verify that the dog is accompanying a person with a disability and that the person holds the requisite certificate from a medical specialist practitioner (item 3). The Amendment Orders also require the updated Principal Orders to reflect the changes made, ensuring that the regulatory framework aligns with the intent to exempt disability assistance dogs from export fees (item 3).
The Amendment Orders do not explicitly create new offences or penalties for breach of the provisions. However, any unauthorised imposition of fees contrary to the new order 23A could potentially be challenged under the Export Control Act 1982. While no specific penalties are outlined in the Amendment Orders themselves, the Act provides for civil and criminal penalties for breaches, including fines and imprisonment, depending on the severity and intent of the violation. The precise penalties would be determined in accordance with the relevant sections of the Export Control Act 1982.
In summary, the Export Control (Fees) Amendment Orders 2005 (No. 2) primarily aim to exempt disability assistance dogs from export fees, thereby supporting individuals with disabilities who depend on these animals. The Amendment Orders impose specific obligations on authorised officers to ensure compliance with the fee exemption and update the Principal Orders to reflect these changes. Although no new penalties are introduced in the Amendment Orders, existing provisions under the Export Control Act 1982 provide for enforcement actions against unauthorised fee impositions.