Export Control (General) Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1984 NO. 343

Issued by the Authority of the Minister of State for Primary Industry.

EXPORT CONTROL (GENERAL) REGULATIONS

AMENDMENT

Sub-section 25(1) of the Export Control Act 1982 (the Act) provides for the Governor-General to make regulations for the purpose of carrying-out or giving affect to the Act. Section 3 of the Act provides for regulations to be made to declare certain goods to be prescribed goods and section 7 of the Act provides that regulations may prohibit the export of prescribed goods unless specified conditions or restrictions are complied with.

Sub-regulation 4(1) of the Export Control (General) Regulations prescribes goods that are the subject of conditions and restrictions on export as specified in those regulations.

The Minister for Primary Industry proposes to introduce on the 1 December 1984 Orders to provide the regulatory control of the export of grain, plants and plant products. The introduction of these Orders is in line with the Government’s intention to provide a more firmly based and flexible legislative framework for the provision of export inspection.

Grain, plants and plant products are currently prescribed goods for the purposes of the Export Control (General) Regulations and as a consequence it will be necessary to delete from the Export Control (General) Regulations all references to these prescribed goods.

In addition, a recent review by the Department of Primary Industry of export inspection of dairy and related products has identified certain commodities which the industries concerned consider no longer warrant export inspection. The commodities involved are refined tallow, margarine and vegetable fat.

These goods are prescribed goods for the purposes of the Export Control (General) Regulations and will need to be removed from the list of prescribed goods if they are to fall outside the regulatory scope of export inspection legislation.

The opportunity has been taken to make some necessary consequential amendments and these are achieved through regulation 10 and the Schedule.

As indicated by regulation 1 these Regulations shall come into operation on 1 December 1984 which is the same day on which the Minister will introduce the Grain, Plants and Plant Product Orders.

Details of the proposed Regulations are attached.