EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 136
Issued by the Authority of the Minister of State for Primary Industry
EXPORT CONTROL (GENERAL) REGULATIONS
(AMENDMENT)
Section 25 of the Export Control Act 1982 (the Act) provides for the Governor-General to make regulations for the purposes of carrying out or giving effect to the Act. The Section also enables regulations to be made for or in relation to the imposition of fees in respect of the registration of premises, vehicles, ships or aircraft; the quarantine or denaturing of prescribed goods; the analysis of samples and the extent to which a certificate of analysis is to be prima facie evidence of the facts stated in that certificate; the imposition of fees for the services of authorized officers; the keeping of records, penalties not exceeding $1,000 and the making of orders by the Minister. Section 7 of the Act provides that the regulations may prohibit the export of prescribed goods from Australia absolutely, to a specified place or unless specified conditions or restrictions are complied with. The Act came into operation on 1 January 1983.
Sub-regulation 3(1) of the Export Control (General) Regulations provides for definitions including “meat” and “dairy produce”.
The product “refined tallow” can contain all animal fat, all vegetable fat or a combination of animal and vegetable fat and is currently covered by the conditions and restrictions applicable to both meat and dairy products.
These dual controls are causing industry appreciable difficulties and it has been decided that they should be eliminated by treating refined tallow in the same manner as dairy produce.
To do this it is necessary to amend the Export Control (General) Regulations.
The proposed Regulations will make the following amendments:
a) alter the definition of “dairy produce” in existing sub-regulation 3(1) to include refined tallow
b) alter the definition of “meat” in existing sub-regulation 3(1) to exclude refined tallow
c) include a definition of “refined tallow” in existing sub-regulation 3(1)
d) alter in existing Regulation 7 the modifications of the repealed Exports (Dairy Produce) Regulations so that they are read to include refined tallow
e) amend existing Regulation 31 to include refined tallow in the fee structure of dairy produce.
It is further proposed to revise the existing regulations as follows to delete provisions that are no longer applicable:
a) repeal existing regulation 2 which provides for the repealing of Statutory Rules specified in the Schedule to the Regulations
b) amend the definition of “repealed regulations”
c) repeal existing sub-regulation 33(1) which contains a further definition of repealed regulations
d) repeal the Schedule to the Regulations which provides a list of all Regulations that regulation 2 repealed.
The proposed amendments seek to alleviate administrative difficulties and to reflect industry wishes.
Overview
The Export Control (General) Regulations (Amendment) 2004 (C2004L04501) were enacted to address the issue of dual controls on refined tallow, which was causing difficulties for industry. The Export Control Act 1982, administered by the Parliament of Australia, was designed to regulate the export of goods, including meat and dairy products, from Australia. The problem identified was that refined tallow was subject to regulations governing both meat and dairy products, which created complexity and confusion for exporters. The policy objective of the amendment was to streamline regulations and better align them with industry needs by treating refined tallow similarly to dairy produce.
Scope and Application
The Export Control (General) Regulations (Amendment) Statutory Rules 1983 aim to amend the Export Control (General) Regulations to streamline the export control processes for refined tallow by aligning its regulation with that of dairy produce. The proposed changes include redefining "dairy produce" to include refined tallow, redefining "meat" to exclude refined tallow, and introducing a new definition of "refined tallow" within the regulations. These amendments seek to eliminate the dual controls currently affecting refined tallow, which has been causing difficulties for the industry. The regulations also include modifications to existing provisions to ensure that refined tallow is appropriately integrated into the existing fee structure for dairy produce. Additionally, the proposed amendments involve repealing and revising certain existing regulations that have become redundant due to these changes. These regulations apply to entities and individuals involved in the export of prescribed goods, including refined tallow, from Australia, and are subject to the overarching provisions of the Export Control Act 1982. The amendments aim to simplify regulatory compliance and better align with industry needs.
Key Provisions
The Export Control (General) Regulations (Amendment) Statutory Rules 1983 aim to amend the Export Control (General) Regulations to address industry concerns regarding the classification and export controls of refined tallow. Section 25 of the Export Control Act 1982 provides the authority for these amendments, which include changes to definitions and regulatory structures to streamline the export process for refined tallow. Under sub-regulation 3(1), the definition of "dairy produce" is expanded to include refined tallow, while the definition of "meat" is narrowed to exclude it. Additionally, a new definition for "refined tallow" is introduced. Regulation 7 is modified to ensure that the regulations now encompass refined tallow, and Regulation 31 is updated to reflect the new fee structure applicable to refined tallow.
The obligations imposed by these regulations require parties involved in the export of refined tallow to adhere to the new definitions and fee structures. This includes ensuring that refined tallow is classified and exported in accordance with the updated regulatory framework, which now treats it as dairy produce rather than meat. This change aims to simplify the export process and reduce administrative burdens on exporters. Furthermore, these regulations mandate the payment of applicable fees as outlined in the amended Regulation 31, which now includes refined tallow within the fee structure for dairy produce.
Failure to comply with these regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, the Export Control Act 1982 generally allows for penalties not exceeding $1,000 for breaches of the regulations. Additionally, the Minister can make orders to enforce compliance, and persistent non-compliance could lead to more severe legal consequences. The intent behind these penalties is to ensure adherence to the updated regulatory requirements and to protect the integrity of the export control system.