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 The Amendment Orders also update a reference to the Grain, Plants and Plant Products Orders, which have been repealed, with a reference to the new orders which replace them, the Export Control (Plant and Plant Products) Orders 2005.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.
Overview
The Export Control (Hay and Straw) Amendment Orders 2005 (No. 1) were enacted to update and streamline the regulatory framework for the export of hay and straw under the Export Control Act 1982. This legislation was introduced by the Minister for Agriculture, Fisheries and Forestry, aiming to ensure the smooth transition and application of new regulations replacing older ones. The objective is to maintain effective export control mechanisms without the need for significant consultation or regulatory impact assessments due to the minor nature of the amendments. These changes primarily involve substituting references to repealed orders with new ones to ensure continued compliance and operational efficiency within the existing legal structure.
Scope and Application
The Export Control (Hay and Straw) Amendment Orders 2005 (No. 1) serve to amend existing regulations under the Export Control Act 1982, specifically those pertaining to the export of hay and straw, to ensure compliance with more recent legislative changes. These orders apply to any person or entity involved in the export of hay and straw in Australia, ensuring that all relevant parties adhere to the updated regulatory framework. The Amendment Orders are designed to align the existing provisions with the new Export Control (Prescribed Goods - General) Order 2005 and the Export Control (Plant and Plant Products) Orders 2005, thereby replacing references to the repealed Prescribed Goods (General) Orders 1985 and Grain, Plants and Plant Products Orders. These amendments have a national reach, impacting all states and territories within Australia. Notably, the scope of these amendments is confined to the administrative adjustments necessitated by the legislative updates, and therefore, they do not impose new substantive obligations or restrictions beyond what was already in place under the previous orders. The minor nature of these changes means that no consultation or regulatory impact statement was required during their development.
Key Provisions
The Export Control (Hay and Straw) Amendment Orders 2005 (No. 1) primarily serve to update and amend existing regulations concerning the export control of hay and straw, ensuring they align with more recent legislative changes. The main operative sections of these Amendment Orders involve substituting outdated references with new ones, ensuring consistency across related legislation. For example, Order 1 (item 1) renames the Amendment Orders, while Order 3 mandates that Schedule 1 amends the Principal Orders. Schedule 1 includes specific amendments that update references from the old Prescribed Goods (General) Orders 1985 to the new Export Control (Prescribed Goods - General) Order 2005, as well as from the Grain, Plants and Plant Products Orders to the Export Control (Plant and Plant Products) Orders 2005. These amendments ensure that all references are current and reflective of the latest regulatory framework.
The obligations and requirements imposed by these Amendment Orders on the parties or entities they govern include adhering to the updated references in the regulations. For example, entities involved in the export of hay and straw must now comply with the Export Control (Prescribed Goods - General) Order 2005 and the Export Control (Plant and Plant Products) Orders 2005. This necessitates that they stay informed about changes in the regulatory environment and adjust their practices accordingly. The regulations aim to streamline the export control process and ensure that all parties are operating under the most current legal standards.
Breaches of the provisions within the Export Control Act 1982 and the related Amendment Orders can result in significant consequences. While the Amendment Orders themselves do not specify new offences, they update existing regulations, and non-compliance with these updated regulations can lead to penalties under the primary Act. For example, failure to comply with an export control order can result in civil penalties, including fines. The maximum penalty for a civil breach is generally specified in the primary Act, which can be substantial depending on the nature and severity of the breach. Additionally, continued non-compliance or more severe breaches may attract criminal penalties, including imprisonment. It is crucial for entities involved in the export of hay and straw to ensure they are fully compliant with all relevant regulations to avoid these potential consequences.