EXPLANATORY STATEMENT
STATUTORY RULES 1983 No.44
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) assented to on 9 June 1982 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.
Sub-regulation 4(1) of the Export Control (General) Regulations provides for the declaration of prescribed goods and fish is included in the declared list. Sub-regulation 4(2), however, excludes from the requirements of the Regulations fish that is not intended for human consumption,
fish imported from a licensed foreign boat and fish that was imported after having been first landed in a port or place outside Australia. In practice these exemptions have made control over fish intended for export difficult because of the procedures required by the industry and Customs.
Customs clearance procedure relies on checking the ship’s manifest rather than physically sighting the product. The ship’s manifest frequently describe the product simply as “fish” and it is virtually impossible, under these circumstances, to distinguish between fish excluded from the Regulations and fish to which the Regulations apply and for which an export permit must be issued. This has created a situation under which fish which requires an export permit could be exported without one.
It is necessary to rectify this situation by providing some form of control over the export of all fish. This can be achieved by amending the Export Control (General) Regulations.
The proposed amendments to the Regulations make provision for the following:
(a) Repeal of the exclusions in paragraphs 4(2)(e), (f) and (g) of the Regulations thus making all fish prescribed goods;
(b) For fish presently excluded by paragraphs 4(2)(e), (f) and (g) of the Regulations to comply with the following limited conditions only
(i) be subject to examination;
(ii) have a notice of intention to export lodged; and
(iii) be covered by an export permit; and
(c) All other fish to comply with all the provisions of the Regulations.
The proposed amendments reflect current administrative arrangements and will not impose any additional requirements on industry.
Overview
The Export Control (General) Regulations (Amendment) 2004 were issued to address the problem of inadequate control over the export of fish from Australia, as identified within the Export Control Act 1982. The Act, enacted by the Australian Parliament, aims to regulate the export of goods from Australia, including the imposition of fees and penalties for non-compliance. The 2004 amendments were made to close the loophole that allowed certain fish, such as those not intended for human consumption or those imported from licensed foreign boats, to be exported without the necessary permits. By amending the Export Control (General) Regulations, the policy objective is to ensure that all fish exports are subject to the same regulatory requirements, thereby enhancing the effectiveness of the export control system. This amendment was necessary to rectify the current situation where fish requiring an export permit could be exported without one, due to the limitations in customs clearance procedures.
Scope and Application
The Export Control (General) Regulations (Amendment) Statutory Rules 1983 apply to the export of fish from Australia, amending the Export Control (General) Regulations to address issues with the current system which has led to difficulties in regulating the export of fish. These amendments are made under Section 25 of the Export Control Act 1982, which allows the Governor-General to make regulations for carrying out or giving effect to the Act. The Act itself applies to persons or entities exporting prescribed goods from Australia, with the primary focus of the amendment being on fish intended for human consumption. The regulations have a national reach across Australia, as they are issued under the authority of the Commonwealth. The amendment removes certain exclusions that previously allowed some types of fish to be exported without an export permit, thereby making all fish subject to the regulations unless otherwise specified. These changes ensure that all fish exports must be subject to examination, have a notice of intention to export lodged, and be covered by an export permit, except for those fish already excluded under the specific conditions outlined in the regulations.
Key Provisions
The main operative sections of the Export Control (General) Regulations (Amendment) (No. 44) 1983 address the regulation of the export of fish from Australia, particularly aiming to rectify the oversight that allowed certain fish to be exported without an export permit. Section 4(1) of the original regulations listed fish as prescribed goods, but certain types of fish were excluded from the regulations under sub-regulation 4(2)(e), (f), and (g). These exclusions have caused difficulties in controlling the export of fish intended for human consumption, leading to situations where fish requiring an export permit could be exported without one. The proposed amendments aim to repeal these exclusions, thereby making all fish subject to the regulations and ensuring that an export permit is required for all fish exports.
The obligations imposed by the amended regulations are straightforward yet crucial for compliance. Fish that was previously excluded from the regulations, such as fish not intended for human consumption, imported fish from licensed foreign boats, and fish that was imported after being landed outside Australia, will now need to undergo examination, have a notice of intention to export lodged, and be covered by an export permit. This ensures a level of scrutiny and control that was previously lacking. All other fish, which were already subject to the regulations, must comply with all the provisions set forth in the regulations.
Failing to comply with the amended regulations could result in significant consequences. The Export Control Act 1982 provides for penalties not exceeding $1,000 for breaches, and the Minister has the authority to make orders to enforce compliance. Additionally, any person who exports fish without the required export permit may face civil or criminal penalties, depending on the severity and intent of the breach. These amendments are designed to ensure that all fish exports are properly controlled and regulated, thereby protecting Australia's interests and maintaining the integrity of its export processes.