EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Hay and Straw) Amendment Orders 2005 (No. 1)
Subsection 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 or permitted by the Act or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Paragraph 25(2)(g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations.
The Export Control (Hay and Straw) Orders 2005 ("the Principal Orders"), are made by the Minister under regulation 3 of the Export Control (Orders) Regulations 1982 (“the Regulations”) which provides that the Minister may, by instrument in writing, make orders, not inconsistent with regulations made under the Act, with respect to any matter for or in relation to which provision may be made by regulations under the Act.
The purpose of the Export Control (Hay and Straw) Amendment Orders 2005 (No.1) (“the Amendment Orders”) is to make amendments to certain provisions of the Principal Orders consequential upon the enactment of the Export Control (Prescribed Goods - General) Order 2005 ("the new Prescribed Goods Orders") which repeal the Prescribed Goods (General) Orders 1985 ("the old Prescribed Goods Orders"). In particular, the Amendment Orders substitute references to the old Prescribed Goods Orders with references to the new Prescribed Goods Orders. The Amendment Orders also update a reference to the Grain, Plants and Plant Products Orders, which have been repealed, with a reference to the new orders which replace them, the Export Control (Plant and Plant Products) Orders 2005.
Consultation was not undertaken for the making of the Amendment Orders because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. For the same reason, the Office of Regulation Review advised that a regulation impact statement is not required.
Details of the amendments are set out below:
Order 1
This order provides that the name of the Amendment Orders is the Export Control (Hay and Straw) Amendment Orders 2005 (No.1).
Order 2
This order provides that the Amendment Orders commence on 1 July 2005.
Order 3
This order provides that Schedule 1 amends the Principal Orders.
Schedule 1 - Amendments
Items 1 and 2
These items remove the reference to the Prescribed Goods (General) Orders 1985 and substitutes the appropriate reference to the Export Control (Prescribed Goods - General) Order 2005.
Item 3
This item removes the reference to the Grain, Plants and Plant Products Orders and substitutes the appropriate reference to the Export Control (Plants and Plant Products) Orders
Items 4 to 8
These items remove the reference to the Prescribed Goods (General) Orders 1985 and substitutes the appropriate reference to the Export Control (Prescribed Goods - General) Order 2005.
Item 9
This item repeals the section in its entirety as the reference in the Prescribed Goods (General) Orders 1985 does not exist in the Export Control (Prescribed Goods - General) Order 2005.
Items 10 and 11
These items remove the reference to the Prescribed Goods (General) Orders 1985 and substitutes the appropriate reference to the Export Control (Prescribed Goods - General) Order 2005.