Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1)

Administered by Department of Agriculture

Legislation au F2012L01266 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1)

made under the Export Control (Orders) Regulations 1982 and
Export Control Act 1982

Legislative Authority

Section 7 of the Export Control Act 1982 (Act) provides that the regulations may prohibit the export of prescribed goods from Australia. Section 25(1) of the Act provides that the Governor-General may make regulations. Regulation 3 of the Export Control (Orders) Regulations 1982 (Regulations) provides that the Minister may by instrument in writing, make orders in respect to any matter for or in relation to which provision may be made by the Regulation.

Under section 3 of the Act, prescribed goods can be declared by regulation. Section 3 defines “prescribed goods” to mean goods, or goods included in a class of goods, that are declared by the Regulation to be prescribed goods for the purposes of the Act. 

The Export Control (Fish and Fish Products) Orders 2005 (Principal Order) regulate the export of fish and fish products from Australia and Order 9 declares fish and fish products to be prescribed goods.

Purpose

The purpose of the Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1) (Amendment Order) is to make various minor amendments to the Principal Order. These amendments include clarification and definitions within the Principal Order.

Consultation

The department consulted with the Seafood Export Consultative Committee (SECC) in the identification of these amendments.  SECC consists of the seafood peak industry bodies including the Commonwealth Fisheries Association and the National Aquaculture Council. Industry representation on SECC also includes a number of individual participants representing specific sectors of the seafood export industry such as the prawn, lobster, abalone and scallops industry. SECC support the amendments.

The Office of Best Practice Regulation (OBPR) determined that the amendments are of a minor or machinery nature and do not substantially alter existing arrangements (OBPR 13772).


Details

Details of the Amendment Order are set out below:

Section 1 provides that the name of the Amendment Order is the Export Control (Fish and Fish Products) Amendment Order 2012 (No.1).

Section 2 provides that the Amendment Order commences on the day after it is registered. 

Section 3 provides that Schedule 1 amends the Export Control (Fish and Fish Products) Order 2005.

Schedule 1 Amendments

Item 1 amends the definition of Australian Fish Names Standard AS SSA 5300-2009 in Order 8 of the Principal Order by replacing the definition with:

  • Australian Fish Names Standard means the Australian Standard known as ‘AS SSA 5300-2011’.

Note The Australian Standard known as AS SSA 5300-2011 is available for purchase from the Standards Australia website—see www.standards.org.au.

 

The new definition of Australian Fish Names Standard reflects the updated version of the standard, currently available. This provides that a reference to the Australian Fish Names Standard in this Order is a reference to the publication titled the Australian Standard AS SSA 5300-2011.  The fish names standard is produced by Seafood Service Australia, Fish Names Committee, which is available for purchase on the Standards Australia website.

Item 2 amends the definition of catcher boat in Order 8, paragraph (b) of the Principal Order.  The item omits the words ‘(other than shucking molluscs)’ and inserts in its place the words ‘(other than shucking shellfish)’.  The purpose of this amendment is to amend the definition of catcher boat and to correct the drafting inconsistency between Order 8 and Order 23.

 

Order 8 contains a reference to molluscs, referring to abalone and shellfish. All other references in the Order are to shellfish, which by definition excludes abalone. Due to this difference in wording, abalone has been expressly excluded from the definition of catcher boat.

 

Item 3 amends the definition of catcher boat in Order 8, at the foot of the Principal Order.  The item inserts ‘Note: For the definition of preparation, see section 3 of the Act.’

 

The purpose of this amendment is for consistency between Order 8 and Order 23, to identify which activities are preparations. A note similar to the note below Order 23 will be included in Order 8 that provides a signpost to the reader of the definition of that term in section 3 of the Export Control Act 1982 (the Act).

 

Item 4 amends Suborder 17.1 (b) by replacing with ‘(b) they are for export in small consignments; or’ and inserting a new paragraph ‘(c) they are for export to New Zealand.’

 

The purpose of the amendment is to refer to, in a separate Suborder, consignments of fish and fish products for exports that are destined for international countries other than New Zealand from those exports destined for New Zealand. This amendment intends the latter to be referred to in a separate Suborder “(c)”. This change does not amend the intent of the Order but serves to clarify it.

 

Item 5 substitutes the current heading of Order 23 with ‘Establishments that engage in particular activities related to fish’.

The purpose of this amendment is to remove the reference to “Etc”. This change does not amend the intent of the Order but serves to clarify it.

Item 6 amends Order 23, paragraph (c) of the current Suborder by removing ‘killing’ and replacing it with ‘killing (other than shucking shellfish)’.

This amendment is required to make the definition of a catcher boat in Order 8 and 23 consistent in relation to the references to shellfish.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Amendment Order is to make various minor amendments to the Principal Order. These amendments clarify definitions within the Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1).

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Peter Douglas Sidebottom MP, Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

 

Overview

The Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1) was enacted to make several minor amendments to the Export Control (Fish and Fish Products) Orders 2005. This legislative instrument was developed under the authority of the Export Control Act 1982 and the Export Control (Orders) Regulations 1982, which empower the Minister to regulate the export of prescribed goods, including fish and fish products. The primary objective of this amendment is to enhance clarity and consistency within the existing regulations by updating definitions and correcting minor drafting inconsistencies. The Australian Government consulted with the Seafood Export Consultative Committee, which comprises industry peak bodies and representatives from various sectors of the seafood export industry, all of whom support the amendments. These changes do not fundamentally alter the existing regulatory framework but aim to improve its precision and coherence.

Scope and Application

The Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1) applies to the export of fish and fish products from Australia, governing the entities and persons involved in these activities. It is a subordinate instrument made under the Export Control (Orders) Regulations 1982 and the Export Control Act 1982, thereby extending the application of the principal Export Control (Fish and Fish Products) Orders 2005. The Order applies nationally across Australia, impacting various sectors of the seafood export industry including prawn, lobster, abalone, and scallops sectors, as well as the broader seafood industry represented by bodies like the Commonwealth Fisheries Association and the National Aquaculture Council. The Order does not introduce new exclusions or exemptions but refines existing definitions and provisions to ensure clarity and consistency within the regulatory framework. The minor amendments made by this Order are intended to correct drafting inconsistencies and improve the precision of definitions, without altering the fundamental intent of the principal Order. The amendments reflect the updated Australian Fish Names Standard and align the terminology across different sections of the Order, ensuring that references to shellfish exclude abalone and clarify activities considered as preparations.

Key Provisions

The main operative sections of the Export Control (Fish and Fish Products) Amendment Order 2012 (No. 1) include Section 1, which specifies the name of the Amendment Order, and Section 2, which outlines that the Amendment Order commences the day after it is registered. Schedule 1 of the Order amends the Export Control (Fish and Fish Products) Order 2005, with specific changes detailed in Items 1 through 6. Item 1 updates the definition of "Australian Fish Names Standard" to reflect the most recent version of the standard, "AS SSA 5300-2011." Item 2 corrects a drafting inconsistency by amending the definition of "catcher boat" to exclude abalone explicitly. Item 3 adds a note to the definition of "catcher boat" to clarify activities considered as preparations, in line with Order 23. Item 4 introduces a separate Suborder for consignments of fish and fish products intended for export to New Zealand. Item 5 updates the heading of Order 23 to remove the reference to "Etc" for clarity. Finally, Item 6 modifies the definition in Order 23, paragraph (c), to ensure consistency with the references to shellfish in Order 8. The Amendment Order imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that any reference to the "Australian Fish Names Standard" in the Principal Order must now refer to "AS SSA 5300-2011." This change ensures that all industry participants are using the most current version of the standard. Secondly, the exclusion of abalone from the definition of "catcher boat" requires relevant parties to adhere to this specific exclusion when defining or interpreting "catcher boat." Thirdly, the note added to the definition of "catcher boat" serves as a signpost to the definition of "preparation" in section 3 of the Export Control Act 1982, thereby imposing a requirement on industry participants to consult this section for clarification. Fourthly, the separate Suborder for exports to New Zealand means that parties must differentiate between consignments destined for New Zealand and other international countries. Lastly, the updated heading of Order 23 and the amended definition in paragraph (c) necessitate that parties ensure their activities align with the clarified definitions to avoid any misinterpretations or non-compliance. The Amendment Order does not introduce new offences or penalties but ensures that any breach of the clarified definitions and provisions would be subject to the existing penalties under the Export Control Act 1982. Under section 36 of the Act, any person who contravenes an order made under the Act commits an offence and may be liable to a penalty. For corporations, the maximum penalty can be up to 500 penalty units (approximately AUD 77,500 as of 2023), while for individuals, the maximum penalty can be up to 50 penalty units (approximately AUD 7,750 as of 2023). Additionally, section 37 of the Act provides that any person who causes or permits a contravention of the Act may also be liable to the same penalties as those who directly commit the offence. These penalties underscore the importance of compliance with the clarified definitions and provisions within the Amendment Order.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.