Export Control (General) Regulations (Amendment)

Overview

The Export Control (General) Regulations Amendment 1984 was enacted to amend existing regulations under the Export Control Act 1982, aiming to provide a more robust and adaptable legislative framework for export inspection. The Act, enacted in 1982, was introduced to address the need for stringent control over the export of certain goods to ensure compliance with national and international standards. The policy objective, as outlined in the explanatory statement, is to refine the regulatory approach to export inspection, making it more flexible and firmly based. These amendments, introduced by the Minister for Primary Industry, were designed to respond to the evolving needs of the agricultural and related industries. By removing certain goods from the scope of export inspection, the legislation seeks to streamline regulatory processes while maintaining necessary controls on critical exports. The proposed changes were set to take effect on 1 December 1984, aligning with the introduction of new Orders for the regulation of grain, plants, and plant products. This amendment also included the removal of certain dairy-related commodities from the list of prescribed goods, reflecting industry feedback on the necessity of export inspection for these items.

Scope and Application

The Export Control (General) Regulations Amendment (Statutory Rules 1984 No. 343) pertains to the Export Control Act 1982 and its regulations, specifically focusing on the regulation of the export of certain goods. The amendment is issued by the Minister for Primary Industry and aims to refine the legislative framework for export inspection by introducing new Orders for the export of grain, plants, and plant products, while simultaneously removing certain commodities from the list of prescribed goods that require export inspection. This amendment applies to entities involved in the export of these goods, including agricultural producers, food manufacturers, and other relevant industries. The geographic reach of these regulations is nationwide, given that the Export Control Act 1982 operates on a Commonwealth level. The amendment involves the removal of specific goods, such as refined tallow, margarine, and vegetable fat, from the list of prescribed goods, thus excluding them from the regulatory scope of export inspection. The new Orders for grain, plants, and plant products, which will come into effect on 1 December 1984, will then impose specific conditions and restrictions on their export. This amendment also includes consequential changes to ensure the coherence and effectiveness of the overall regulatory framework.

Key Provisions

The main operative sections of the proposed Export Control (General) Regulations Amendment (No. 343) Statutory Rules 1984 involve several key changes to the existing regulations governing the export of certain goods. Section 4(1) of the proposed amendment specifies that the regulations will prescribe conditions and restrictions on the export of grain, plants and plant products, aligning with the government's objective to establish a more robust and flexible legislative framework for export inspection (subsection 25(1) of the Export Control Act 1982). Additionally, sub-regulation 10(1) removes the need for export inspection for certain dairy and related products, including refined tallow, margarine and vegetable fat, based on a review by the Department of Primary Industry (section 7 of the Export Control Act 1982). The amendment imposes specific obligations on parties and entities involved in the export of prescribed goods. These obligations include compliance with the newly introduced conditions and restrictions on the export of grain, plants and plant products as specified in the Grain, Plants and Plant Product Orders. The regulations require that these goods meet the prescribed conditions and restrictions to be exported legally (section 4(1)). Furthermore, the removal of export inspection requirements for refined tallow, margarine and vegetable fat, as per the amendment, means that entities exporting these goods are no longer subject to the previous inspection mandates (section 7). Any breach of the new regulations could result in civil or criminal consequences, including penalties. For example, the Export Control Act 1982 includes provisions for offences related to the unauthorised export of prescribed goods, with penalties that may include fines and imprisonment. The exact penalties would depend on the specific offence and the discretion of the court, but the Act allows for substantial penalties to ensure compliance with export regulations. The amendment itself does not specify new penalties but relies on existing provisions within the Act to enforce compliance and penalise breaches.