Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014

Administered by Department of Agriculture

Legislation au F2014L01185 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Agriculture

 

Export Control Act 1982 and Export Control (Orders) Regulations 1982

 

Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014

Legislative Authority
Section 3 of the Export Control Act 1982 (Act) defines ‘prescribed goods’ to mean goods, or goods included in a class of goods, that are declared by the Export Control (Orders) Regulations 1982 (Regulations) to be prescribed goods for the purposes of the Act.

Section 7 of the Act provides that the Regulations may prohibit the export of prescribed goods from Australia absolutely or to a specified place or unless specified conditions or restrictions are complied with or to a specified place unless conditions or restrictions are complied with.

Regulation 3 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 Export Control (Processed Fruits and Vegetables) Orders (Processed Fruits and Vegetables Orders) are made under the Regulations and regulates the export of processed fruits and vegetables and in particular, the conditions and restrictions of their export.

Purpose

The purpose of the Export Control Legislation (Processed Fruits and Vegetables)
Repeal Order 2014 (Repeal Order) is to:

  • enable processed fruits and vegetables to be treated as non-prescribed goods for the purpose of the Act;
  • make consequential amendments to the Export Control (Fees) Orders 2001 (Fees Order) to reflect that fees will no longer be charged for the certification of processed fruits and vegetables as prescribed goods.

 

Impact and Effect

The repeal of the Processed Fruits and Vegetables Orders will enable:

  • the Department of Agriculture to provide government to government certification for the export of processed fruit and vegetables to overseas markets through order 8.05 of the Export Control (Prescribed Goods–General) Order 2005.
  • a smoother passage for the export of processed fruits and vegetables to overseas markets which require official assurances on Australian foods for human consumption and human health.

 

The repeal of the Processed Fruits and Vegetables Orders will have minimal impact and effect as the processed fruits and vegetables industry is small, with fewer than 1000 government certificates issued annually for the export of these products. To date, there have been no market access issues involving government certification for the export of Australian processed fruits and vegetable products.


The consequential amendments made to the Fees Order resulting from the repeal of the
Processed Fruits and Vegetables Orders remove specific fees relating to processed fruits and vegetables, enabling fees relating to non-prescribed goods to be imposed so that they are consistent with similar goods.

 

Consultation
Consultation with industry has not been undertaken in relation to the amendments as the department’s current approach is to treat processed fruit and vegetables in the same manner as a non-prescribed good. As a result, the repeal of the Processed Fruits and Vegetables Orders will have no impact on stakeholders.

 

The Office of Best Practice Regulation (OBPR) was consulted on the proposed changes to the Repeal Order and has advised that a Regulation Impact Statement is not required (OBPR reference 17272).

Details of the Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014

Section 1 – Name of the Order

The section provides that the name of the Repeal Order is the Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014.

Section 2 – Commencement

This section provides for the Repeal Order to commence on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Authority

This provides that the Repeal Order is made under the Export Control (Orders) Regulations 1982.

Section 4 – Schedule(s)

Each instrument that is specified in a Schedule to the Repeal Order is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Repeal Order has effect according to its terms.

Schedule 1 – Repeals

Export Control (Processed Fruits and Vegetables) Orders made on 3 August 1987

 

Item 1 repeals the Processed Fruits and Vegetables Orders.

 

Schedule 2 – Consequential Amendments

 

Export Control (Fees) Orders 2001

 

Item 1 omits definitions of ‘processed fruits’ and ‘processed vegetables’ from section 4(1) of the Fees Order.

 

The purpose of this amendment is to remove obsolete references to the repealed Processed Fruits and Vegetables Order.

 

Item 2 removes paragraphs 40A(1)(b) and (c) of the Fees Order.

 

The purpose of this amendment is to remove an obsolete reference to ‘processed fruit’ and ‘processed vegetables’.

Item 3 removes the subheading of table item 4 from schedule 5 of the Fees Order.

 

The purpose of this amendment is to remove an obsolete reference to ‘processed fruit or processed vegetables’.

 

Item 4 removes the reference to fees relating to the certification of processed fruits and vegetables from schedule 5 of the Fees Order.

 

The purpose of this amendment is to remove obsolete fees for the certification of processed fruits and vegetables. The effect of this amendment is that exporters seeking certification of processed fruits and vegetables will now be subject to fees relating to non-prescribed goods set out in Schedules 1A and 1C of the Fees Order.

 

 


Statement of Compatibility with Human Rights
 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014
 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Export Control Legislation (Processed Fruits and Vegetables)
Repeal Order 2014 is to:

  • enable processed fruits and vegetables to be treated as non-prescribed goods for the purpose of the Act;
  • make consequential amendments to the Export Control (Fees) Orders 2001 (Fees Order) to reflect that fees will no longer be charged for the certification of processed fruits and vegetables as non-prescribed goods.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

 

 

 

 

 

 

 

Overview

The Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014, issued under the authority of the Minister for Agriculture, aims to amend the Export Control Act 1982 by treating processed fruits and vegetables as non-prescribed goods, thereby easing export conditions. This order repeals the Export Control (Processed Fruits and Vegetables) Orders made in 1987, which previously regulated the export of these goods. The policy objective is to streamline the export process by allowing government-to-government certification for processed fruits and vegetables, facilitating smoother trade with overseas markets. The repeal has minimal impact on the industry as it is relatively small, with fewer than 1000 government certificates issued annually. Consequential amendments also remove fees associated with the certification of these goods, aligning them with fees for non-prescribed goods. The repeal order is designed to enhance the efficiency of the export control system without imposing significant burdens on stakeholders, as processed fruits and vegetables have been treated similarly to non-prescribed goods. The repeal order and its consequential amendments to the Export Control (Fees) Orders 2001 remove obsolete references and fees related to processed fruits and vegetables, ensuring consistency with the new regulatory approach. This legislative change aligns with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014 amends the Export Control (Orders) Regulations 1982 to facilitate the export of processed fruits and vegetables from Australia by removing the classification of these products as prescribed goods under the Export Control Act 1982. The repeal of the Export Control (Processed Fruits and Vegetables) Orders 1987, which regulated the export of these goods, allows the Department of Agriculture to provide government-to-government certification for their export. The repeal also removes specific fees associated with the certification of processed fruits and vegetables, aligning them with fees for non-prescribed goods. The repeal order applies to entities involved in the export of processed fruits and vegetables, including exporters and certification authorities, and its impact is expected to be minimal due to the relatively small size of the processed fruits and vegetables industry. The repeal and its consequential amendments to the Export Control (Fees) Orders 2001, which remove references to processed fruits and vegetables and associated fees, are effective as of the day after the Repeal Order is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Export Control Legislation (Processed Fruits and Vegetables) Repeal Order 2014 (Repeal Order) seeks to revise the regulatory framework surrounding the export of processed fruits and vegetables from Australia. Section 1 of the Repeal Order names the order, while Section 2 stipulates that it will come into effect on the day following its registration on the Federal Register of Legislative Instruments. The Repeal Order is authorised under the Export Control (Orders) Regulations 1982, as outlined in Section 3. The primary changes are detailed in Schedule 1, which repeals the Export Control (Processed Fruits and Vegetables) Orders 1987, and Schedule 2, which modifies the Export Control (Fees) Orders 2001 to eliminate specific fees associated with the certification of processed fruits and vegetables. Under the repealed regulations, the export of processed fruits and vegetables was subject to certain controls and fees. The Repeal Order removes these specific controls and fees, treating processed fruits and vegetables as non-prescribed goods. This shift simplifies the certification process and aligns it with the treatment of similar non-prescribed goods. The repeal and consequential amendments aim to facilitate smoother exports by removing unnecessary bureaucratic hurdles and ensuring that fees are consistent with those for other non-prescribed goods. The Repeal Order imposes certain obligations on parties involved in the export of processed fruits and vegetables. Exporters must now comply with the general export control regulations as non-prescribed goods, which include adhering to government-to-government certification for specific markets. The Department of Agriculture will handle this certification under Order 8.05 of the Export Control (Prescribed Goods–General) Order 2005. Additionally, any fees related to the export certification of processed fruits and vegetables will now fall under the general fees for non-prescribed goods, as amended in the Export Control (Fees) Orders 2001. Breach of the provisions within the Export Control Act 1982 can lead to both civil and criminal penalties. Although the Repeal Order itself does not introduce new offences, non-compliance with the general provisions of the Act could result in penalties. For instance, under Section 17 of the Act, a person who contravenes an order made under the Act may be liable to a penalty of up to $12,600 for an individual or $63,000 for a body corporate. Furthermore, ongoing breaches may lead to more severe penalties, including imprisonment. The repeal of specific regulations does not alter these existing penalties but ensures that the regulatory framework remains clear and streamlined for the industry.

Legal classification tags

Area of Law
International Trade Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Consequential Amendments
Fees

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.