EXPLANATORY STATEMENT

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Export Control (Orders) Regulations 1982

Export Control (Fees) Amendment Orders 2010 (No. 1)

Legislative Authority

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 to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

Paragraph 25(2)(a) of the Act allows regulations to be made for the imposition of fees in relation to the registration of an establishment. 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)(daaa) of the Act allows regulations to be made for the imposition of fees in connection with the performance of a service by the Secretary or a delegate of the Secretary. 

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 the Secretary, delegates of the Secretary and authorised officers.

Purpose and Impact

The purpose of the Export Control (Fees) Amendment Orders 2010 (No. 1) (‘the Amendment Orders’) is to substitute references to ‘game meat’ with ‘wild game meat’. This is as a consequence of the commencement of the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 (‘the Wild Game Orders’). The Wild Game Orders are the result of a division of the former Game, Poultry and Rabbit Meat Orders 1985 into the Wild Game Orders, the Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 and the Export Control (Rabbit and Ratite Meat) Orders 1985. The Amendment Orders have no substantial effect on the operation of the Principal Orders.

The Wild Game Orders shift the terminology used from ‘game meat’ to ‘wild game meat’. This is simply a change in the terminology, rather than a change to the substantive meaning of ‘game meat’.

The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Amendment Orders commence on the commencement of the Wild Game Orders.

Consultation

The Department of Agriculture, Fisheries, and Forestry, as represented by the Australian Quarantine and Inspection Service, undertook extensive consultation with the relevant industry bodies on the making of the Wild Game Orders and the Poultry Orders. The regulation impact statements included in the explanatory statements to those orders provide a detailed account of the nature of the consultation. The Office of Best Practice Regulation advised that a regulation impact statement is not required for the Amendment Orders.

The relevant Programs within the Department of Agriculture, Fisheries and Forestry have also been consulted with respect to the changes made by the Amendment Orders to the Principal Orders. These Programs have no objections to these consequential amendments being made to the Principal Orders.

Operation

Details of the Amendment Orders are as follows:

Order 1  provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2010 (No. 1).

Order 2  provides that the Amendment Orders commence on the commencement of the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 (‘the Wild Game Orders’). The Wild Game Orders commence on 1 December 2010 or, if they have not been registered by then, on the day after they are registered.

Order 3  provides that Schedule 1 amends the Export Control (Fees) Orders 2001 (‘the Principal Orders’).

Schedule 1 – Amendments

Item 1  substitutes the note to order 4H of the Principal Orders. This substitution replaces ‘game meat’ with ‘wild game meat’. This is a consequence of the commencement of the Wild Game Orders. It has no substantive effect on the operation of the Principal Orders.

Item 2  substitutes the second note to Schedule 1 of the Principal Orders. This substitution replaces ‘game meat’ with ‘wild game meat’. This is a consequence of the commencement of the Wild Game Orders. It has no substantive effect on the operation of the Principal Orders.

Item 3  substitutes the note to Schedule 1A of the Principal Orders. This substitution replaces ‘game meat’ with ‘wild game meat’. This is a consequence of the commencement of the Wild Game Orders. It has no substantive effect on the operation of the Principal Orders.

Item 4  substitutes the note to Schedule 1B of the Principal Orders. This substitution replaces ‘game meat’ with ‘wild game meat’. This is a consequence of the commencement of the Wild Game Orders. It has no substantive effect on the operation of the Principal Orders.

Item 5  substitutes the note to Schedule 1C of the Principal Orders. This substitution replaces ‘game meat’ with ‘wild game meat’. This is a consequence of the commencement of the Wild Game Orders. It has no substantive effect on the operation of the Principal Orders.