EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 31
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. Sub-section 10(1) of the Act provides that the function of an authorized officer under the Act is to ascertain whether the provisions of the Act and the Export Control (General) Regulations, and conditions or restrictions applicable to the export of prescribed goods have been complied with.
Sub-regulation 5(1) of the Export Control (General) Regulations provides that the export of prescribed goods is prohibited unless the conditions and restrictions contained in the various Exports Regulations as in force on 31 December 1982 are complied with.
Some of the conditions and restrictions contained in those Exports Regulations no longer reflect current practice in the inspection of certain prescribed goods. Changes in the technology associated with some export industries has meant that it is neither possible or necessary that an authorized officer personally supervise the total volume of export production. It is, however, a condition of some Exports Regulations that production for export take place under the supervision of an authorized officer.
Advice has been received from the Attorney-General’s Department that, where such conditions appear in the Exports Regulations, it is necessary that an authorized officer personally inspect the total volume of production for export. This is an unnecessary burden on both industry and the Export Inspection Service of the Department of Primary Industry.
It has been decided that amendment of the Export Control (General) Regulations will be necessary so that they more clearly reflect current export inspection procedures. These amending Regulations impose certain modifications in relation to export controls on prescribed goods. The regulations to be amended are those associated with the modification of the conditions and restrictions specified in the following Exports Regulations:
• Exports (Canned and Frozen Fruits) Regulations - regulation 6,
• Exports (Dried Fruits) Regulations - regulation 8,
• Exports (Fish) Regulations - regulation 9,
• Exports (Fresh Fruit) Regulations - regulation 10,
• Exports (Fresh Vegetables) Regulations - regulation 11, and
• Exports (Grain) Regulations - regulation 13.
The proposed amendments to regulations 6, 8, 9, 10, 11 and 13 of the Export Control (General) Regulations will omit references to inspection having to take place under the direct supervision of an authorized officer.
Overview
The Export Control (General) Regulations Amendment 1984 was enacted to address outdated practices in the inspection of certain export goods under the Export Control Act 1982. This amendment was introduced by the Parliament of Australia, aiming to modernise export control regulations and alleviate unnecessary burdens on both the industry and the Department of Primary Industry's Export Inspection Service. The problem identified was that some conditions in the Export Control (General) Regulations no longer aligned with current inspection practices due to advancements in technology, particularly in export industries. The policy objective was to ensure that regulations more accurately reflect contemporary inspection procedures, thereby facilitating smoother operations for exporters while maintaining necessary oversight and compliance with export control standards.
Scope and Application
The Export Control (General) Regulations Amendment, issued under the Export Control Act 1982, pertains to the regulation of the export of certain prescribed goods. This amendment applies to entities involved in the export of canned and frozen fruits, dried fruits, fish, fresh fruit, fresh vegetables, and grain, ensuring these exports comply with the updated inspection procedures. The amendments are designed to reflect current practices and the evolving nature of export industries, particularly in light of technological advancements that have made it impractical for authorized officers to personally supervise every aspect of export production. By removing the requirement for direct supervision by an authorized officer, these regulations aim to alleviate the burden on both industry and the Export Inspection Service of the Department of Primary Industry. The changes apply nationally and are aimed at streamlining the export process while maintaining the integrity of the export control system.
Key Provisions
The main operative sections of the Export Control (General) Regulations Amendment (C2004L04503) primarily concern the modification of specific regulations regarding the export of prescribed goods. These changes are intended to streamline the inspection process and reflect current industry practices. Specifically, the amendment targets regulations 6, 8, 9, 10, 11, and 13 of the Exports (Canned and Frozen Fruits), (Dried Fruits), (Fish), (Fresh Fruit), (Fresh Vegetables), and (Grain) Regulations, respectively (regulations 6, 8, 9, 10, 11, and 13). The amendment removes the requirement that inspections of export production be conducted under the direct supervision of an authorized officer, allowing for more efficient and less burdensome inspection procedures.
The obligations and requirements imposed by these regulations on parties and entities involved in the export of prescribed goods are primarily centred around compliance with the updated inspection procedures. Exporters must now ensure that their production meets the conditions and restrictions set out in the relevant Exports Regulations, without the necessity of direct supervision by an authorized officer. This change is intended to reduce the administrative burden on both the industry and the Export Inspection Service of the Department of Primary Industry. Exporters are required to demonstrate compliance with these regulations, which may involve self-reporting and maintaining records of their export activities.
Failure to comply with the amended regulations could result in various civil or criminal consequences, depending on the severity of the breach. While the specific penalties are not detailed within the explanatory statement, breaches of the Export Control Act 1982 and associated regulations can typically lead to significant penalties. These may include fines, imprisonment, or both, depending on the nature and extent of the breach. The maximum penalties for breaches of export control regulations can vary, but they are generally severe enough to enforce compliance and deter non-compliance. The precise penalties would be determined in the context of the relevant laws and the specific circumstances of each case.