EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 307
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 effect to the Act. The section also enables regulations to be made 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.
At present export inspection of meat is administered under the Export Control (General) Regulations made under the Act. A comprehensive review of the way in which export inspection is provided to the meat industry has highlighted the need for substantial change in the way in which such inspection is administered.
It has been decided that in order to provide a more flexible legislative base for the provision of export inspection of meat that such inspection should become the subject of orders made by the Minister under the Export Control (Orders) Regulations.
This will require amendments to the Export Control (General) Regulations to delete all references to meat, meat products and the Exports (Meat) Regulations.
The proposed regulations 2 and 3 together with the Schedule will delete all such references from the Export Control (General) Regulations.
Proposed regulation 1 provides for the amendments to come into effect on 1 January 1984 to coincide with the introduction of orders dealing with meat which are being made by the Minister.
Overview
The Export Control (General) Regulations Amendment, issued under Statutory Rules 1982 No. 307 by the Minister of State for Primary Industry, was enacted in 1982 to address a gap in the administration of meat export inspection. The Export Control Act 1982 established a framework for export control regulations, but a review identified the need for a more flexible approach to administering meat export inspections. This amendment aims to streamline the process by allowing the Minister to issue specific orders for meat export inspections, thereby replacing the previous system with one that offers greater flexibility. The changes are designed to take effect from 1 January 1984, aligning with the introduction of new Minister-issued orders for meat export inspections. The policy objective is to enhance the efficiency and effectiveness of meat export inspection procedures, ensuring they are better suited to industry needs.
Scope and Application
The Export Control (General) Regulations Amendment (Statutory Rule 1982 No. 307) amends the Export Control (General) Regulations to better align with the current administration of meat export inspections. This amendment is a response to a comprehensive review that has underscored the need for a more adaptable legislative framework for managing meat export inspections. The amendment removes all references to meat, meat products, and the Exports (Meat) Regulations from the Export Control (General) Regulations, effectively transferring the regulatory control of meat export inspections to the Minister, who will issue orders under the Export Control (Orders) Regulations. The changes are set to take effect on 1 January 1984, synchronising with the introduction of new orders specifically for meat exports. This legislative adjustment provides a more streamlined and efficient approach to the administration of export inspections, thereby enhancing the regulatory process for the meat industry.
Key Provisions
The main operative sections of the Export Control (General) Regulations Amendment (Statutory Rules 1982 No. 307) pertain primarily to regulation 2, which deletes references to meat, meat products, and the Exports (Meat) Regulations from the Export Control (General) Regulations (paragraphs 2 and 3). Regulation 1 specifies that these amendments will take effect on 1 January 1984, aligning with the introduction of new orders concerning meat exports that the Minister will implement (section 1). The Schedule accompanying these regulations details the precise textual changes to be made to the Export Control (General) Regulations.
These amendments impose specific obligations on the parties involved, particularly the Minister for Primary Industry and any entities engaged in meat exports. The Minister is tasked with making orders under the new legislative framework to govern the inspection of meat exports, replacing the previous regulatory structure (section 25(1) of the Export Control Act 1982). Entities involved in the meat export industry must comply with these new orders, which will detail the inspection and certification processes required for meat exports.
Failure to comply with the new regulations and orders pertaining to meat exports could result in significant consequences. The Act provides for both civil and criminal penalties for breaches of the regulations. Specifically, individuals or entities found to be in violation of the new orders could face fines or other penalties as stipulated in the Export Control Act 1982. The exact penalties would depend on the nature and severity of the breach, but they could potentially include substantial financial penalties. Furthermore, ongoing non-compliance could lead to more severe sanctions, including the possibility of legal action to enforce compliance or other regulatory measures.