EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Fees) Amendment Orders 2007 (No. 1)
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.
The purpose of the Export Control (Fees) Amendment Orders 2007 (No. 1) (‘the Amendment Orders’) is to:
- amend the definition of mung beans in Order 4 to reflect the repeal of the Export Control (Mung Beans) Orders and the incorporation of mung beans into the Export Control (Plants and Plant Products) Orders 2005.
Consultation was not undertaken in relation to this minor consequential amendment to the Export Control (Fees) Orders 2001 as the Office of Best Practice Regulation advised that the amendment would have a low impact on business, and would appear to impose no or low compliance costs. Therefore no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement) was required.
The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of Amendment Orders are as follows:
Order 1 provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2007 (No.1).
Order 2 provides that the Amendment Orders commence on 1 November 2007.
Order 3 provides that Schedule 1 amends the Principal Orders.
Schedule 1 - Amendments
Item 1
Item 1 amends the definition of mung beans in suborder 4(1) by amending the reference from the Export Control (Mung Beans) Orders to the Export Control (Plants and Plant Products) Orders 2005. This amendment is necessary as the Export Control (Mung Beans) Orders were repealed on 1 November 2007 and from that date mung beans are now regulated by the Export Control (Plants and Plant Products) Orders 2005.
Overview
The Export Control (Fees) Amendment Orders 2007 (No. 1) were introduced to amend the Export Control (Fees) Orders 2001, reflecting the repeal of the Export Control (Mung Beans) Orders and the incorporation of mung beans into the Export Control (Plants and Plant Products) Orders 2005. Enacted by the Governor-General under the authority of the Export Control Act 1982, these amendment orders aim to ensure the fees associated with services performed by authorised officers remain aligned with the current regulatory framework. The policy objective of these orders is to streamline the regulatory process and maintain consistency in the administration of export control fees, thereby minimising compliance costs and maintaining the effectiveness of export control measures. No consultation or further analysis was deemed necessary due to the low impact and minimal compliance costs associated with these amendments.
Scope and Application
The Export Control (Fees) Amendment Orders 2007 (No. 1) pertain to the Export Control Act 1982, which governs the regulation of exports in Australia, and applies to individuals, entities, and industries engaged in the export of goods. The Act allows for the imposition of fees in connection with the performance of services by authorised officers and the remission of fees so imposed. The Amendment Orders specifically amend the definition of mung beans in the Export Control (Fees) Orders 2001, reflecting the repeal of the Export Control (Mung Beans) Orders and their incorporation into the Export Control (Plants and Plant Products) Orders 2005. These Orders, which are a legislative instrument under the Legislative Instruments Act 2003, commenced on 1 November 2007 and serve to ensure consistency in the regulatory framework for mung beans exports, thereby facilitating compliance for businesses involved in exporting these goods. No consultation was deemed necessary for these minor consequential amendments as they were assessed to have a low impact on business and impose no or low compliance costs.
Key Provisions
The Export Control (Fees) Amendment Orders 2007 (No. 1) make several amendments to the Export Control (Fees) Orders 2001, primarily to update the definition of mung beans in line with the regulatory changes brought about by the repeal of the Export Control (Mung Beans) Orders. This is specified in Order 3 of the Export Control (Orders) Regulations 1982, which allows the Minister to make orders that are consistent with the Export Control Act 1982 and the related regulations. Specifically, Item 1 of Schedule 1 updates the reference in the Principal Orders from the repealed Export Control (Mung Beans) Orders to the Export Control (Plants and Plant Products) Orders 2005, ensuring the fees structure remains aligned with the current regulatory framework. These amendments were deemed to have a low impact on business and compliance costs, hence no additional consultation or analysis was required.
The obligations imposed by these Amendment Orders primarily concern the updating of fee schedules and definitions to reflect changes in regulatory frameworks. Parties involved in the export of mung beans or related plant products must ensure their compliance with the updated definitions and fee structures as outlined in the Export Control (Plants and Plant Products) Orders 2005. Authorised officers who perform services related to the export control of these products must also adhere to the new fee structures as specified in the amended orders.
Failure to comply with the requirements set out in the Export Control (Fees) Amendment Orders 2007 (No. 1) may result in penalties or other consequences, although the specific details of these penalties are not outlined in the provided text. Generally, under the Export Control Act 1982, breaches of the Act or related regulations can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties might involve imprisonment, depending on the severity and intent of the breach. The precise penalties would be determined by the courts based on the nature and extent of the non-compliance.