Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1)

Administered by Department of Agriculture

Legislation au F2011L01888 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1)

Made under the Export Control (Orders) Regulations 1982
(under the Export Control Act 1982)

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

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 regulations.

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 regulations to be prescribed goods for the purposes of the Act. 

The Export Control (Fish and Fish Products) Orders 2005 (Principal Orders) 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 Orders 2011 (No. 1) (Amendment Orders) is to make various minor amendments to the Principal Orders. These amendments are largely to correct grammatical errors that have been identified. An amendment will be made to Order 8 of the Principal Orders to substitute the definition of Australian Fish Name with the new definitions of Australian Fish Name and Australian Fish Names Standard.  The definition for Australian Fish Names Standard incorporates by reference the Australian Fish Names Standard AS SSA 5300.  An amendment will be made to Schedule 4 of the Principal Orders so that protective clothing will not be required to be worn in designated food handling areas for handling and storage of packaged fish and packaged fish products.  An amendment will also be made to Schedule 5 to add Pinctada spp as being permitted to be harvested for export as food.

Consultation

As part of the collaborative approach with industry, the department consulted with the Fish Ministerial Task Force (Fish MTF) - consisting of the Seafood Export Consultative Committee and the Tuna Boat Owner’s Association – in the identification of these amendments.  In relation to the amendment to Schedule 5, the Australian Shellfish Quality Assurance Advisory Committee was also consulted.  These bodies 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 (ID 12469).  

Details

Details of the Amendment Orders are set out below:

Section 1 provides that the name of the Amendment Order is the Export Control (Fish and Fish Products) Amendment Orders 2011.

Section 2 provides that the Amendment Orders commence the day after registration on the Federal Register of Legislative Instruments. 

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

Schedule 1 Amendments

Item 1 omits the definition of Australian Fish Name in Order 8 of the Principal Orders and inserts

  • a new definition of Australian Fish Name  and
  • a new definition of Australian Fish Names Standard.

The new definition of Australian Fish Name provides that a reference to an Australian Fish Name, in relation to a fish species produced in Australia or imported to Australia, is a reference to the standard fish name for the species in the Australian Fish Names Standard.   Prior to this amendment, the definition for Australian Fish Name provided that this was a reference to the name for the fish as listed in the Australian Seafood Handbook Domestic Species (CSIRO, 2001). 

The item also inserts a new definition which provides that a reference to the Australian Fish Names Standard in these Orders is a reference to the publication titled the Australian Standard AS SSA 5300-2009.  This standard is authored by Seafood Service Australia, Fish Names Committee. The effect of the new definition is to incorporate by reference the Australian Fish Name Standard into the definition of Australian Fish Name, which directly refers to the Australian Fish Name Standard.

Item 2 amends the definition of occupier in Order 8 of the Principal Orders.  The item omits the words ‘registered; and’ at the end of paragraph (a) of the definition of occupier and inserts in its place the words ‘registered; or’. 

 

The purpose of the amendment is to correct a drafting and grammatical error in paragraph (a) of the definition of occupier in the Principal Orders.

 

Item 3 amends the definition of occupier in Order 8 of the Principal Orders.  The item omits the words ‘the person’ after ‘if that person cannot be ascertained —‘and inserts in its place the words ‘is the person’. 

 

The effect of the amendment is to make clear that where the operator of a business preparing fish and fish products for export as food cannot be ascertained then it is deemed to be the person in charge of the operations.  Paragraph (b) as it is currently worded does not make it clear that there are two individuals being described.

 

The purpose of the amendment is to correct a drafting and grammatical error in paragraph (b) of the definition of occupier in the Principal Orders.

 

Item 4 amends order 69 of the Principal Orders by renumbering suborders 63.1 and 63.2 as suborders 69.1 and 69.2.  The purpose of the amendment is to correct incorrect numbering of the suborders in the Principal Orders.

 

Item 5 inserts a new subclause 25.1A in Schedule 4 of the Principal Orders.  Clause 25 of Schedule 4 provides for protective clothing to be worn in a food handling area.

The effect of the new subclause 25.1A is to make clear that where fish and fish products are already packaged and they are handled or stored in a food handling area set aside solely for that purpose, subclause 25.1 does not apply. 

The purpose of the amendment is to waive the requirement for a person to wear protective clothing in a food handling area in establishments that store packaged fish and packaged fish products, as the risk of contamination is low.

Item 6 replaces subclause 3.2 of Schedule 5 of the Principal Orders.  The new subclause provides that the prohibition on the harvest of shellfish as export for food from prescribed harvest areas in subclause 3.1 does not apply to:

  • scallops or Pinctada spp where the final product is only the adductor muscle; or
  • to shellfish harvested from offshore locations.

Prior to this amendment, the exemption did not include the adductor muscle of Pinctada spp.

Subclause 3.2 has also been redrafted in line with Plain English drafting principles.

The purpose of the amendment is to reflect the department’s assessment that Pintada spp. does not pose the same food-safety risk as a bivalve mollusc where the final product for export is only the adductor muscle.

Item 7 omits at the start of subparagraph 11.2(b)(iii) of Schedule 9 the words ‘designates a person’ and inserting the words ‘the designation of a person’. 

The purpose of the amendment is to correct a grammatical error and to make the language of the subparagraph consistent with the preceding two subparagraphs. 

Overview

The Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1) were made under the Export Control (Orders) Regulations 1982 and are issued by the authority of the Minister for the Department of Agriculture, Fisheries and Forestry. These amendment orders were introduced to correct minor grammatical errors and to update certain definitions and exemptions in the Export Control (Fish and Fish Products) Orders 2005. The Export Control Act 1982 provides the legislative authority for the Export Control (Orders) Regulations 1982, and the Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1) were developed in consultation with industry bodies, including the Fish Ministerial Task Force, the Seafood Export Consultative Committee, and the Tuna Boat Owner’s Association. The Office of Best Practice Regulation determined that these amendments are of a minor or machinery nature and do not substantially alter existing arrangements.

Scope and Application

The Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1) applies to the export of fish and fish products from Australia, and amends the Export Control (Fish and Fish Products) Orders 2005. This legislation pertains to the industries involved in the export of fish and fish products, including fish farmers, processors, and exporters, as well as to the conduct and transactions related to these exports. The amendment orders are made under the Export Control Act 1982 and the Export Control (Orders) Regulations 1982, and therefore have a national reach, applying across Australia. The amendment orders correct grammatical errors and clarify certain definitions and provisions within the existing orders, without introducing any significant changes to the overall regulatory framework. There are no stated exclusions or exemptions in these amendment orders, and no thresholds are specified. The application of the Act may be extended or restricted through subordinate instruments, such as further amendment orders or specific regulations made under the authority of the Act.

Key Provisions

The Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1) (Amendment Orders) primarily serve to correct grammatical errors in the Export Control (Fish and Fish Products) Orders 2005 (Principal Orders). The Amendment Orders introduce several key changes to existing provisions. Firstly, the definition of "Australian Fish Name" in Order 8 of the Principal Orders has been updated to reference the Australian Fish Names Standard, specifically incorporating by reference the Australian Standard AS SSA 5300 (Item 1). This change aims to provide clarity and consistency in naming standards for fish species. Additionally, Order 8 has been amended to correct drafting and grammatical errors in the definition of "occupier" (Items 2 and 3). Furthermore, subclause 25.1A has been inserted into Schedule 4 to exempt the handling and storage of packaged fish and fish products in designated food handling areas from the requirement of wearing protective clothing, acknowledging the lower risk of contamination in such scenarios (Item 5). Lastly, Schedule 5 has been amended to allow the harvesting of Pinctada spp for export as food when the final product is solely the adductor muscle, reflecting a lower food-safety risk assessment for this specific product (Item 6). The Amendment Orders impose several obligations on parties governed by the Act. These include ensuring compliance with the updated definitions and standards, particularly concerning the naming and handling of fish and fish products. The amendments necessitate adherence to the Australian Fish Names Standard and the removal of unnecessary protective clothing requirements in specific circumstances. Additionally, businesses involved in the harvesting of Pinctada spp must ensure that their practices align with the new provisions that permit the export of the adductor muscle under certain conditions. Violations of the Export Control Act 1982 or its regulations can result in civil and criminal penalties. The Act empowers authorised officers to enforce compliance, and breaches may lead to substantial fines. For example, under section 113 of the Act, the maximum penalty for contravening an export control order is 200 penalty units, or for corporations, up to 1,000 penalty units. Additionally, section 115 allows for imprisonment for offences under the Act, with the severity of the penalty dependent on the nature and extent of the breach. Therefore, adherence to the provisions of the Amendment Orders is crucial to avoid potential legal repercussions.

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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.