EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1)
Section 3 of the Export Control Act 1982 (‘the Act’) defines ‘prescribed goods’ to mean goods, or goods included in a class of goods, that are declared by the regulations to be prescribed goods for the purposes of the Act. Section 7 of the Act provides that the regulations may prohibit the export of prescribed goods from Australia absolutely or to a specified place or unless specified conditions or restrictions are complied with or to a specified place unless conditions or restrictions are complied with.
Subsection 25(1) of 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 carrying out or for giving effect to the Act. The matters that the regulations may make provision for include:
- under paragraph 25(2)(f) of the Act, the prescribing of penalties not exceeding 50 penalty units for offences against the regulations; and
- under paragraph 25(2)(g) of the Act, subject to subsection 25(3) of the Act, 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.
Subsection 25(3) of the Act states that an order shall not be made prescribing any penalty for an offence.
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 (Fish and Fish Products) Orders 2005 (‘the Principal Orders’) regulate the export of fish and fish products.
The purpose of the Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1) is to amend the Principal Orders to correct a typographical error and a grammatical error that have been identified.
No consultation has occurred as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.
The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Orders are set out below:
Order 1
1. This order provides that the name of these amending Orders is the Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1).
Order 2
2. This order provides that these Orders commence on the day after they are registered.
Order 3
3. This order provides that Schedule 1 amends the Export Control (Fish and Fish Products) Orders 2005.
Schedule 1 Amendments
[1] Order 55
This amendment corrects a typographical error by removing the word ‘and’ and inserting the word ‘of’. It also corrects punctuation and inserts a comma in the first line.
Overview
The Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1) were enacted to amend the Export Control (Fish and Fish Products) Orders 2005. This amendment was introduced to correct minor typographical and grammatical errors identified in the principal Orders, thereby ensuring clarity and accuracy in the regulations governing the export of fish and fish products. The Export Control Act 1982 empowers the Governor-General to make regulations for the purposes of controlling the export of prescribed goods from Australia, including fish and fish products. The policy objective of these amendments is to maintain the integrity and enforceability of the export regulations without altering the existing substantive arrangements.
The Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1) were issued under the authority of the Minister for Agriculture, Fisheries and Forestry. As the amendments were of a minor nature, no consultation was deemed necessary as they did not substantially alter the existing regulatory framework. These Orders serve as a legislative instrument under the Legislative Instruments Act 2003, ensuring that the corrections are formally adopted and effective from the date of registration.
Scope and Application
The Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1) pertains to the regulation of the export of fish and fish products under the Export Control Act 1982, applying to entities involved in the export of such goods. These Amendment Orders aim to correct minor typographical and grammatical errors in the Export Control (Fish and Fish Products) Orders 2005, ensuring the regulations remain accurate and enforceable. They are applicable on a national level within Australia and do not introduce any substantive changes to the existing regulatory framework. The scope of the Act, as amended, continues to focus on the prohibition or restriction of the export of prescribed goods, including fish and fish products, in line with the provisions set out in the Export Control Act 1982 and its subsidiary regulations. The amendments do not extend or restrict the application of the primary Act but serve to enhance the clarity and enforceability of the regulations.
Key Provisions
The Export Control (Fish and Fish Products) Amendment Orders 2006 (No.1) amend the Export Control (Fish and Fish Products) Orders 2005 to correct minor typographical and grammatical errors. Order 1 designates the name of these amending orders, while Order 2 specifies the commencement date, which is the day after registration. Order 3 indicates that Schedule 1 contains the amendments to the Principal Orders. The primary amendments are found in Schedule 1, Order 55, which rectifies a typographical error by replacing the word ‘and’ with ‘of’ and adjusts punctuation by inserting a comma.
These regulations impose specific obligations on parties involved in the export of fish and fish products. They ensure that the export process adheres to the corrected definitions and grammatical structures, thereby maintaining the integrity and clarity of the legal framework. By correcting these errors, the regulations aim to prevent any misinterpretation that could lead to non-compliance with the Export Control Act 1982.
The Export Control Act 1982 and the accompanying regulations do not explicitly state new offences, penalties, or consequences for breaches in these specific amendments. However, the broader regulatory framework under the Act includes provisions for penalties not exceeding 50 penalty units for offences against the regulations. The Act allows the Governor-General to make regulations prescribing such penalties, and while the Amendment Orders themselves do not introduce new penalties, they are part of a regulatory scheme that includes enforcement mechanisms. Any breach of the corrected provisions could, therefore, still be subject to the existing penalties as outlined in the Act.