Export Control (Hardwood Wood Chips) Regulations (Amendment)

Overview

The Export Control (Hardwood Wood Chips) Regulation (Amendment) 1996 No. 22 amends the Export Control (Hardwood Wood Chips) Regulations 1982, which are subsidiary legislation made under the authority of the Export Control Act 1982. The Act was enacted by the Australian Parliament to provide for the control over the export of certain prescribed goods, thereby addressing the need for regulation of the export of goods that could potentially impact national security, foreign policy, or international obligations. The purpose of these amending regulations is to rectify a specific oversight in the original regulations by including a description of the Tumut region in New South Wales, which was previously omitted, and to provide greater flexibility in the surrender and exchange of export licences for hardwood wood chips. The policy objective is to ensure that the regulations are comprehensive and effectively administered, while allowing for practical adjustments in the licensing process to meet the needs of exporters.

Scope and Application

The Export Control (Hardwood Wood Chips) Regulation (Amendment) 1996 No. 22 amends the Export Control (Hardwood Wood Chips) Regulations under the authority of the Export Control Act 1982. The Act applies to the control of the export of certain prescribed goods, and in this instance, it specifically relates to hardwood wood chips. The Regulations outline the regions from which hardwood wood chips may be sourced, and the amendments rectify an oversight by including a description of the Tumut region in New South Wales. The amendment provides greater flexibility in the regulation of the export of hardwood wood chips by allowing for the exchange of licences on a basis other than one for one, provided that the total approved allocation for the exporter remains unchanged. These regulations apply to persons or entities involved in the export of hardwood wood chips from the specified regions, thereby impacting relevant industries and their transactions. The scope of the legislation is national, as it pertains to the Commonwealth's authority over export controls. There are no specific exclusions or thresholds mentioned in the explanatory statement, and the application of the Act is not extended or restricted through subordinate instruments in this instance.

Key Provisions

The Export Control (Hardwood Wood Chips) Regulation (Amendment) 1996 No. 22 introduces several significant changes to the Export Control (Hardwood Wood Chips) Regulations, which are made under the authority of the Export Control Act 1982 (the Act). Regulation 2, for instance, amends Regulation 21 of the original regulations to clarify the process of surrendering and exchanging export licences. This amendment ensures that when a licence is surrendered and replaced with new ones, the Minister can now specify regions in the new licences that were not previously allowable under the old licences (Regulation 2). Regulation 3 further modifies the rules regarding the exchange of licences, allowing for the surrender of a single licence in return for two or more new licences of the same type, provided the total approved allocation for that exporter remains unchanged (Regulation 3). These amendments impose certain obligations on exporters of hardwood wood chips. Firstly, they must adhere to the updated definitions and descriptions of allowable regions, ensuring that any hardwood wood chips they export originate from specified areas. This includes the newly added Tumut region in New South Wales, which is detailed in Regulation 4. Secondly, exporters must comply with the updated procedures for the surrender and exchange of licences as outlined in Regulation 2 and Regulation 3. They must ensure that any new licences issued still fall within the total approved allocation, even if multiple new licences replace a single surrendered one. Failure to comply with the provisions of the Export Control (Hardwood Wood Chips) Regulation (Amendment) 1996 No. 22 may result in legal consequences. While the amending regulations themselves do not specify particular penalties, breaches of the Export Control Act 1982 or its regulations could lead to civil or criminal penalties. These may include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined in accordance with the overarching provisions of the Export Control Act 1982.