EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 354
Issued by the Authority of the Minister of State for Transport and Construction for and on behalf of the Minister of State for Primary Industry
EXPORT CONTROL (GENERAL) REGULATIONS
The Export Control Act 1982 (the Act) (Act No. 47 Assented to on 9 June 1982) provides a single legislative framework for the Government’s export inspection and related control responsibilities which are presently administered under a number of different Acts. The Act will come into operation on 1 January 1983.
Section 25 of the Act empowers the Governor-General to make regulations required or permitted by, or necessary or convenient for 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 $1000 and the making of orders by the Minister.
Under the present legislative arrangements there are 10 sets of Exports Regulations covering canned and frozen fruits, dairy produce, dried fruits, fish, fresh fruit, fresh vegetables, general, grain, honey and meat. The Act provides for the use of associated regulations and a system of Ministerial orders governing day-to-day technical and administrative matters to implement the new system. As the
Ministerial orders will take some time to develop it is necessary to make interim arrangements to provide for the conditions and restrictions governing the export of prescribed goods in the existing Exports Regulations to continue under the Act.
The proposed regulations will have the effect of importing the conditions and restrictions prescribed by the existing 10 sets of Exports Regulations, as in force on 31 December 1982, as the conditions and restrictions of export for the purposes of section 7 of the Act. The existing Exports Regulations will then be repealed on 1 January 1983 by proposed regulation 2.
The proposed regulations contain details relating to those goods which are declared to be prescribed goods, specific exemptions, the conditions and restrictions to be complied with, necessary modifications to the existing Exports Regulations, the issue of exemptions by the Secretary under certain circumstances, the registration and renewal of registration of premises and ships, the suspension and cancellation of such registration and the temporary suspension of the registration of premises and ships. They also provide for the lodgement of notices of intention to export, the issue of export permits, the re-examination of the goods and cancellation of export permits, controls over official marks and marking devices, the manner in which samples are to be dealt with, the analysis of samples and the issue of certificates of analysis, fees for officers services, delegation of the Secretary’s powers, a saving provision and the protection of the renewal of registration of export meat premises.
With the exception of the provisions relating to temporary suspension of registration and control over official marks all of the above requirements are contained in the existing Exports Regulations. Their specific inclusion is necessary as they are not considered to be conditions or restrictions. The temporary suspension and control of stamps provisions are necessary to overcome deficiencies in the present system identified by the Royal Commission into the Australian Meat industry.
As the proposed regulations import the present conditions and restrictions in the existing Exports Regulations they will have no effect on day-to-day export inspection operations and will not impose any additional requirements on the industries involved.
The proposed regulations are to take effect on 1 January 1983, the day on which the Act will come into operation.
Overview
The Export Control Act 1982 was enacted by the Australian Parliament to streamline and consolidate the various legislative provisions governing the export inspection and control of goods under multiple Acts into a unified framework. This Act addresses the complexity and fragmentation of the existing legislative arrangements by providing a singular legislative basis for the government's export control responsibilities. The Act aims to ensure a consistent and efficient system for the regulation of exports, thereby facilitating trade while maintaining necessary standards and controls. Section 25 of the Act empowers the Governor-General to make regulations necessary for its implementation, including those relating to fees, registration, quarantine, and penalties. These regulations will initially replicate the existing conditions and restrictions from the ten sets of Exports Regulations in force at the time, before being repealed on 1 January 1983, the effective date of the Act. This transitional approach ensures continuity in export controls while paving the way for a more streamlined regulatory system.
Scope and Application
The Export Control Act 1982 applies to the regulation of exports of goods from Australia, providing a unified legislative framework to replace the multiple existing Acts governing export inspection and related controls. The Act applies to all persons and entities involved in the export of prescribed goods, which include a wide range of products such as canned and frozen fruits, dairy produce, dried fruits, fish, fresh fruit, fresh vegetables, grain, honey, and meat. The Act encompasses various industries, including agricultural and food sectors, and governs their conduct and transactions involving the export of prescribed goods. Geographically, the Act operates at the Commonwealth level, applying across Australia. The Act allows for the creation of regulations and Ministerial orders to implement and administer the legislative framework, with the proposed Export Control (General) Regulations set to import existing conditions and restrictions from the previous 10 sets of Exports Regulations, ensuring continuity in export controls while the Ministerial orders are being developed. The Act does not specify exclusions or exemptions; however, the regulations provide for certain exemptions under specific circumstances. The Act's provisions are supported by subordinate regulations and Ministerial orders, which will govern technical and administrative aspects of export controls.
Key Provisions
The Export Control (General) Regulations 1982 (C2004L04499) incorporate the existing conditions and restrictions on the export of prescribed goods from the ten sets of Exports Regulations that were in force on 31 December 1982. This includes the regulations governing canned and frozen fruits, dairy produce, dried fruits, fish, fresh fruit, fresh vegetables, general, grain, honey, and meat. Section 7 of the Export Control Act 1982 (the Act) establishes the framework for these regulations, and section 25 empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The regulations will come into operation on 1 January 1983, the same day the Act begins.
The regulations impose specific obligations on entities involved in the export of prescribed goods. For instance, they mandate the registration of premises and ships (regulation 3), require the lodgement of notices of intention to export (regulation 4), and outline the process for the issue of export permits (regulation 5). They also detail the conditions and restrictions that must be complied with, including controls over official marks and marking devices (regulation 10) and the manner in which samples are to be dealt with (regulation 11). Furthermore, the regulations provide for the re-examination of goods and the cancellation of export permits (regulation 6), as well as the analysis of samples and the issue of certificates of analysis (regulation 12).
Breaches of the Export Control (General) Regulations 1982 may result in various penalties and consequences. The regulations specify penalties not exceeding $1000 for non-compliance with certain provisions (regulation 13). These penalties are intended to enforce adherence to the conditions and restrictions governing the export of prescribed goods. The Act itself does not specify maximum penalties beyond this amount, but it allows for the imposition of fines and potential legal action for more serious violations. The regulations also empower the Minister to make orders that could further define the scope of enforcement actions.
The regulations include provisions for the temporary suspension of registration of premises and ships (regulation 8), a measure aimed at addressing deficiencies identified by the Royal Commission into the Australian Meat Industry. This provision allows for the suspension of registration where necessary, providing a mechanism to ensure compliance and safety in the export process. Additionally, the regulations cover the issue of exemptions by the Secretary under certain circumstances (regulation 7), allowing for flexibility in the enforcement of the Act while maintaining control over the export of prescribed goods.