EXPLANATORY STATEMENT
Statutory Rules 1985Â No. 37
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 that the Governor - General may make regulations not inconsistent with the Act prescribing matters required by or permitted by the Act for the purpose of carrying out or giving effect to the Act. Section 7 of the Act provides that regulations may prohibit the export of prescribed goods unless specified conditions or restrictions are complied with. Section 3 of the Act defines prescribed goods as goods, or goods included in a class of goods, that are declared by the regulations to be prescribed for the purposes of the Act.
Sub-section 4(1) of the Export Control (General) Regulations prescribes, for the purposes of Section 7 of the Act, the goods that are the subject of conditions and restrictions on export as specified in the regulations.
The Minister for Primary Industry proposes, under the Prescribed Goods (Orders) Regulations, to introduce on 29 April 1985 Orders to provide for the regulatory control of the export of dairy produce, eggs and fish. 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.
Regulation 7 deletes references to dairy produce, fish and honey from regulation 17 which provides for the Secretary to register premises in which prescribed are prepared.
Regulation 8 amends sub-regulation 21(b) which requires a notice of intention to export prescribed goods to be submitted by omitting references to chutneys, dairy produce, dried or preserved vegetables, fish, honey, jam, pickles or sauces.
Regulation 9 deletes references to dairy produce, fish and honey from sub-regulation 31(1) which provides for the fees for the imposition of fees for service of an authorized officer.
Regulation 10 repeals regulations 7, 9, 14 and 23 to 27 (inclusive) as a consequence of dairy produce, fish and honey no longer being prescribed goods.
Regulation 11 provides, through the Schedule, consequential amendments to relevant regulations.
Overview
The Export Control (General) Regulations Amendment, issued under Statutory Rules 1985 No. 37 by the Authority of the Minister of State for Primary Industry, amends the Export Control (General) Regulations to refine the regulatory framework governing the export of specific goods. Enacted in 1985, this amendment addresses the need for a more streamlined and adaptable legislative approach to export inspection, particularly concerning dairy produce, eggs, and fish. The policy objective is to provide a robust legislative basis that enhances the effectiveness and flexibility of export control measures, ensuring compliance with international standards and domestic policies. The enacting body, the Parliament, aims to facilitate smoother and more regulated export processes, thereby protecting national interests while maintaining trade relations.
Scope and Application
The Export Control (General) Regulations Amendment, issued under the Export Control Act 1982, applies to the export of specific goods, namely dairy produce, eggs, and fish, and it is designed to enhance the regulatory framework governing the export of these items. The Act applies to any person or entity intending to export these goods from Australia. This includes individuals, corporations, and other entities that are engaged in the export of the specified goods. The regulation has a national reach, as it is enacted under the authority of the Commonwealth of Australia and applies across all states and territories. The regulation excludes goods such as chutneys, dairy produce, dried or preserved vegetables, fish, honey, jam, pickles, and sauces from certain regulatory requirements such as registration of premises and notice of export intention. The Act allows for further specification and restriction of the application of these regulations through subordinate instruments, ensuring that the regulatory framework remains flexible and responsive to changing circumstances.
Key Provisions
The main operative sections of these regulations pertain to the control and management of the export of dairy produce, eggs, and fish. Regulation 4 specifies the types of goods that will be subject to export controls. Regulation 7 removes dairy produce, fish, and honey from the list of goods that require registration of premises, as specified in regulation 17. Regulation 8 modifies sub-regulation 21(b) to exclude certain goods such as chutneys, dairy produce, dried or preserved vegetables, fish, honey, jam, pickles, or sauces from the notice of intention to export. Regulation 9 adjusts sub-regulation 31(1) to exclude fees associated with dairy produce, fish, and honey. Regulation 10 repeals specific regulations (7, 9, 14, and 23 to 27) due to the reclassification of dairy produce, fish, and honey as non-prescribed goods. Finally, Regulation 11 makes consequential amendments to other relevant regulations through the Schedule.
These regulations impose several obligations on parties involved in the export of dairy produce, eggs, and fish. Firstly, entities that previously needed to register premises for the preparation of these goods must now cease this registration process as outlined in Regulation 7. Secondly, those intending to export these goods must no longer submit a notice of intention to export as per the changes in Regulation 8. Thirdly, fees related to the service of an authorised officer for these goods are adjusted or removed, as detailed in Regulation 9. The repealed regulations, as specified in Regulation 10, must no longer be adhered to by exporters. Finally, consequential amendments made through Regulation 11 require parties to comply with updated regulatory requirements.
Non-compliance with these regulations can result in various consequences. Firstly, failure to deregister premises as per Regulation 7 can lead to continued oversight and potential penalties for non-compliance with outdated regulations. Secondly, omitting the notice of intention to export as required by Regulation 8 may result in delays or refusal of export permits. Thirdly, incorrect or non-payment of fees as specified in Regulation 9 can lead to fines or other administrative penalties. Violations of the repealed regulations (Regulation 10) can attract penalties under the old regulatory framework. Lastly, not adhering to the consequential amendments in Regulation 11 can result in further legal or administrative actions, depending on the specifics of the amendments.