EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1)
Section 3 of the Export Control Act 1982 (“the Act”) defines “prescribed goods” to mean goods, or goods included in a class of goods, that are declared by the 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.
Subsection 25(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or for giving effect to the Act. The matters that the regulations may make provision for include:
- under paragraph 25(2)(f) of the Act, the prescribing of penalties not exceeding 50 penalty units for offences against the regulations; and
- under paragraph 25(2)(g) of the Act, subject to subsection 25(3) of the Act, 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.
Regulation 3 of the Export Control (Orders) Regulations 1982 (“the Regulations”) 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 made under the Act.
The Export Control (Meat and Meat Products) Orders 2005 (“the Principal Orders”) identify the conditions and restrictions on the export of meat and meat products for the purposes of section 7 of the Act. The Orders also make provision for a range of matters that may be necessary to ensure the requirements of the Act are met including inspections, dispositions, audit, registration, approval of arrangements, issue of certificates and official marks.
The purpose of the Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1) (“the Amendment Orders”) is to amend the Principal Orders to:
- align the commencement date of the Principal Orders with that of the Export Control (Prescribed Goods—General) Order 2005;
- replace each reference to the Prescribed Goods (General) Orders 1985 with a reference to the corresponding provision of the Export Control (Prescribed Goods—General) Order 2005;
- clarify the application of the Principal Orders by defining meat extracts to take account of issues raised during industry consultations on the implementation of the Principal Orders;
- extend the official marks provisions to cover the Halal importing country marks and the European eligible mark;
- clarify that, except to the extent provided in the Principal Orders, the transitional arrangements under the Export Control (Prescribed Goods—General) Order 2005 do not apply to administrative actions and instruments in writing that relate to meat and meat products;
- ensure that the matters which must be notified extend to changes in, or convictions incurred by, all persons who manage and control operations at an establishment regardless of whether the occupier of the establishment is an individual, a corporation or a partnership;
- vary the temperature controls to take account of issues raised during industry consultations on the implementation of the Principal Orders;
- make provision for trade descriptions for sheep and for offal; and
- correct literals and clarify certain policy details that have been raised during industry consultations on the implementation of the Principal Orders.
The Office of Regulation Review advised that a Regulation Impact Statement was not required for the making of this Amendment Order, as the amendments are of a minor or machinery nature and do no substantially alter existing arrangements. However, the Australian Quarantine and Inspection Service consulted with key industry stakeholders in relation to the amendments for temperature controls for meat and meat products (amended clauses 8, 9, 10, 10A and 12 to Schedule 5) and the definitions in suborder 8.1 for lamb, meat extract, offal and sheep.
The temperature control consultation was undertaken at a meeting in Sydney in March 2005 with representatives from the Australian Meat Industry Council and Meat and Livestock Australia (peak industry bodies) and Food Science Australia (a leading scientific group). Follow-up consultation was held with these representatives via email and telephone correspondence.
Consultation on the definitional matters took place at an initial meeting with AUS-MEAT Ltd (the industry body responsible for the Australian Meat Industry Classification System) in Brisbane in February 2005 and subsequently by email and telephone correspondence.
All stakeholders support the amendments.
Details of Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1) are set out below:
Order 1
1. This order provides that the name of these amending Orders is the Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1).
Order 2
2. This order provides that these Orders commence on the thirtieth day of April 2005.
Order 3
3. This order provides that Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005.
Schedule 1 Amendments
[1] Contents, footer page 2
This amendment corrects a typographical error in the footer on this page.
[2] Order 2
This amendment replaces the 1 May 2005 commencement date in the Principal Orders with 1 July 2005, thereby aligning the commencement date with that for the Export Control (Prescribed Goods—General) Order 2005. This is necessary to achieve a consistent, efficient transition to the new regulation of the export of meat and meat products.
[3] Paragraph 4.2(a)
This amendment replaces a reference to the Prescribed Goods (General) Orders 1985 with a reference to the Export Control (Prescribed Goods—General) Order 2005.
[4] Order 5
This amendment sets out which of the provisions of the Export Control (Prescribed Goods—General) Order 2005 apply to meat and meat products for export for food. The purpose of this provision is to limit the application of the Export Control (Prescribed Goods—General) Order 2005 to those matters that are specifically incorporated. The amendment varies order 5 in the Principal Orders by replacing the references to the Prescribed Goods (General) Orders 1985 with the corresponding provision in the Export Control (Prescribed Goods—General) Order 2005.
Suborder 5.2 of the amendment varies suborder 5.2 of the Principal Orders by removing references to order 64, and to paragraph 19.2(a) of Schedule 7. In order 64 and paragraph 19.2(a) of Schedule 7 the Export Control (Prescribed Goods—General) Order 2005 will not be referenced and instead the relevant requirement is to be written into order 64 and paragraph 19.2(a) of Schedule 7. See further the amendment [26] for order 64 and amendment [28] for paragraph 19.2(a) of Schedule 7.
This amendment inserts a new Note into order 5 drawing the reader’s attention to the fact the transitional arrangements under the Export Control (Prescribed Goods—General) Order 2005 do not apply to administrative actions and instruments in writing taken or made in relation to meat and meat products.
[5] Suborder 6.1
This amendment corrects a typographical error by inserting the word ‘the’.
[6] Suborder 8.1, definition of corporation
This amendment together with amendment [7] ensures the correct alphabetical listing of the definition of corporation.
[7] Suborder 8.1, after the definition of convicted
This amendment together with amendment [6] ensures the correct alphabetical listing of the definition of corporation.
[8] Suborder 8.1, definition of hot boning
This amendment removes the definition of hot boning which is no longer required as the amendments to the temperature controls provided for in amendment [45] no longer make special provision for hot boning.
[9] Suborder 8.1, definition of lamb
This amendment removes from the definition of lamb the reference to evidence of secondary sexual characteristics for males, thereby ensuring greater consistency with the AUS-MEAT trade descriptors.
[10] Suborder 8.1, after the definition of meat
This amendment inserts a definition of meat extract that reflects current practice. During industry consultations on the implementation of the Principal Orders, it was found that this definition was necessary in order to clarify the application of the Orders that is provided for in suborder 13.2 of the Principal Orders.
[11] Suborder 8.1, after the definition of occupier
This amendment inserts a definition of offal. It is a consequential amendment required to give meaning to a new subclause 4.2 of Schedule 6 inserted by amendment [52] that relaxes the requirements for the trade description as it applies to offal.
[12] Suborder 8.1, after the definition of serious offence
This amendment inserts a definition of sheep. It is a consequential amendment required given that amendment [50] extends the requirements for a trade description in paragraph 1.2(a) in Schedule 6 to include the category of sheep.
[13] Order 11, the Note
This amendment corrects a typographical error.
[14] Suborder 13.2, the Note
This amendment alerts the reader to the definition of meat extract, which is inserted into suborder 8.1 by amendment [10].
[15] Subparagraph 23.1(a)(ii)
This amendment corrects a typographical error.
[16] Suborder 25.2
This amendment replaces the requirement that the objectives in suborder 3.1 and 3.2 must be for the purpose of ensuring that one or more of the objectives are met ‘by the applicant’ with the requirement that the objectives must be for the purpose of ensuring that one or more of the objectives are met ‘in relation to meat and meat products to which the exemption applies’.
The amendment is intended to create greater precision. The objectives in suborder 3.2 refer to ensuring that an accurate assessment can be made as to compliance with for example the Act and the Orders. An accurate assessment is something that both the applicant and AQIS need to be able to do. The amendment reflects the fact that is not a matter that is limited to the applicant.
[17] Suborder 32.2, the Note
This amendment is consequential on amendment [18], which inserts a second Note to suborder 32.2.
[18] Suborder 32.2, after the Note
This amendment inserts a Note, which refers the reader to when the temperature controls in clause 24 of the Australian Meat Standard will be taken to be complied with. It is a consequential amendment as a result of amendment [45].
[19] Paragraph 33.1(e)
This amendment inserts a reference to clause 46 of Schedule 7 thereby making the occupier of an establishment liable for a penalty under the orders if the occupier fails to ensure that beef for export to EU market is sourced only from an accredited farm. This is consistent with the approach taken with other key requirements that ensure that beef for the EU market is free of hormone growth promotants.
[20] Order 42, Note 1
This amendment corrects a typographical error.
[21] Paragraph 43(a)
This amendment removes the reference to requirements of the Australian Meat Standard for transport that are specified in Schedule 5 as not applying. Amendment [45] is drafted in a way that removes the need for Schedule 5 to specify that any of the transport requirements of that Standard do not apply.
[22] Order 43, Note
This amendment is consequential on amendment [45]. It refers the reader to the temperature provision for transport in clause 10.3 of Schedule 5 that is inserted by amendment [45].
[23] Paragraph 46(b)
substitute
This amendment inserts a reference to clause 46 of Schedule 7 thereby ensuring that it is a condition and restriction on export that beef for the EU market be sourced only from an accredited farm. This preserves the existing position.
[24] Suborder 63.1
This amendment replaces the references to the official marks in the Prescribed Goods (General) Orders 1985 with the corresponding references in the Export Control (Prescribed Goods—General) Order 2005.
It also inserts a reference to the Halal importing country official mark in subsections 13.05(2) and 13.05(3) of the Export Control (Prescribed
Goods—General) Order 2005 and European eligible official mark in the section 13.15 of that Order. This ensures that the Principal Orders reflect current requirements.
[25] Suborder 63.2
This amendment replaces the reference to the Prescribed Goods (General) Orders 1985 with a reference to the Export Control (Prescribed
Goods—General) Order 2005.
[26] Paragraph 64.1(a)
This provision enables a person to manufacture an official marking device if the Secretary has given the person approval to do so. It replaces a reference to order 89 of the Prescribed Goods (General) Orders 1985 and retains the existing legal position.
[27] Paragraph 64.2(a)
This amendment corrects a typographical error.
[28] Paragraph 64.2(c)
This provision enables a person to possess an official marking device or an official mark and manufacture an official mark if the Secretary has given the person approval to do so. It replaces a reference to order 89 of the Prescribed Goods (General) Orders 1985 and retains the existing legal position.
[29] Paragraph 65(b)
This amendment replaces the reference to the official Halal marks in the Prescribed Goods (General) Orders 1985 with the corresponding references for the Halal official marks in the Export Control (Prescribed Goods—General) Order 2005.
[30] Paragraph 65(c)
This amendment replaces the reference to the importing country official mark in the Prescribed Goods (General) Orders 1985 with the corresponding reference for the importing country official mark in the Export Control (Prescribed Goods—General) Order 2005.
It also inserts a reference to the European eligible official mark in the section 13.15 of that Order. This ensures that the Principal Orders reflect current requirements.
[31] Paragraph 65(c), after Note 3
This amendment inserts a Note to alert the reader to the fact that importing country requirements may require that other importing country marks showing eligibility are only applied in specified circumstances. This draws attention to the fact that these other importing country marks are not prescribed as official marks.
[32] Paragraph 66.2(a)
This amendment replaces the references to the Prescribed Goods (General) Orders 1985 with the new reference to the Export Control (Prescribed
Goods—General) Order 2005.
[33] Paragraph 66.2(b)
This amendment replaces the references to the Prescribed Goods (General) Orders 1985 with the new reference to the Export Control (Prescribed
Goods—General) Order 2005.
[34] Order 70, paragraph 70.1(b)
This amendment corrects a typographical error.
[35] Suborder 70.1, Note 3
This amendment corrects a typographical error.
[36] Suborder 72.1, the Note
This amendment corrects a typographical error.
[37] Order 86, the Note
This amendment clarifies the Note which alerts the reader to the fact that the effect of orders 81 and 86 is that while there is review of an initial decision made by Secretary under order 83, there is no review of other decisions excluded from the definition of initial decision set out in order 81.
[38] After order 98
This amendment provides that section 18.02 of the Export Control (Prescribed Goods—General) Order 2005 does not apply to administrative actions and instruments in writing that were taken or made in relation to meat and meat products under the Orders repealed by section 18.01 of the Export Control (Prescribed Goods—General) Order 2005. The effect of this amendment is that these administrative actions and instruments in writing do not continue in force except to the extent that they are already saved under the transitional provisions in orders 94 and 97 of the Principal Orders.
[39] Schedule 1, paragraph 5.1(b)
This amendment inserts the new reference for the Export Control (Prescribed Goods—General) Order 2005. Order 47 of the Prescribed Goods (General) Orders 1985 sets out the criteria for fit and proper person decisions. These requirements are replicated in section 4.05 of the Export Control (Prescribed Goods—General) Order 2005.
[40] Schedule 1, cause 12.1
Subclause 12.1 replaces the references to the Prescribed Goods (General) Orders 1985 with the corresponding references in the Export Control (Prescribed Goods—General) Order 2005 which replicate the existing provisions.
Subclause 12.2 requires notification of any change in any person who manages or controls the operations carried on at the establishment in the situation where the occupier of the establishment is an individual or a partnership. This reflects existing practice. Section 4.16 of the Export Control (Prescribed
Goods—General) Order 2005 referred to in subclause 12.1 only requires such notification where the occupier is a corporation.
Subclause 12.3 is enables the registration to continue where there is notification of a change in persons who manage or control provided the Secretary is satisfied that they are fit and proper persons. This amendment expands section 4.17 of the Export Control (Prescribed Goods—General) Order 2005 so that it covers the amendment set out in subclause 12.2.
Subclause 12.4 requires notification if any person who manages or controls the operations carried on at the establishment is convicted of an offence. It applies in the situation where the occupier of the registered establishment is an individual or a partnership. This reflects existing practice. Section 4.18 of the Export Control (Prescribed Goods—General) Order 2005 only requires such notification where the occupier is a corporation.
[41] Schedule 1, paragraph 18.1(a)
This amendment inserts the new reference for the Export Control (Prescribed Goods—General) Order 2005. Order 47 of the Prescribed Goods (General) Orders 1985 sets out the criteria for fit and proper person decisions. These requirements are replicated in section 4.05 of the Export Control (Prescribed Goods—General) Order 2005.
[42] Schedule 1, subparagraph 18.1 (a)(iii)
This amendment corrects a typographical error.
[43] Schedule 2, clause 3.1, the Note
This amendment corrects a typographical error.
[44] Schedule 5, Table of contents
This amendment to the Table of Contents is consequential on amendment [45]. It replaces where necessary the current headings for the clauses for temperature controls in the Principal Orders with references to the headings for the revised temperature controls inserted by amendment [45].
[45] Schedule 5, clauses 8 to 10
This amendment arises out of industry consultations on the implementation of the Principal Orders. The amendment varies the current temperature requirements set out in clauses 8 to 11 of Schedule 5 of the Principal Orders in the following manner.
Subclause 8.1 replaces subclause 8.1 of the Principal Orders. The amendment no longer contains the requirement in subclause 8.1 of the Principal Orders for the temperature controls for chilling to achieve the refrigeration index be met in all cases. The new more limited requirements for achieving the refrigeration index are set out in clause 10A of this amendment.
Subclause 8.1 also relaxes the requirements of the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (the Australian Meat Standard) by requiring all carcases and carcase parts to be chilled to no warmer than 7˚C on all surfaces of the carcases or carcase parts. By contrast paragraph 11.6 (a) of the Australian Meat Standard sets a more stringent requirement of no warmer than 5˚C at the site of microbiological concern for carcase parts that are not sides quarters or bone-in major separated cuts.
Subclause 8.2 replaces subclause 8.2 of the Principal Orders. The amendment no longer contains the requirement in subclause 8.1 of the Principal Orders for the temperature controls for freezing to achieve the refrigeration index in all cases. The new more limited requirements for achieving the refrigeration index are set out in clause 10A of this amendment.
Subclause 8.3 of the Principal Orders which require the refrigeration index to be achieved for carcases and carcase parts that are modified atmosphere packaged and vacuum packaged is not retained. Instead the refrigeration index requirements only apply to these carcases and carcase parts to the extent set out in clause 10 A of this amendment.
Clause 9 of the Principal Orders, which require the refrigeration index to be achieved for carcases and carcase parts for hot boning, is not retained. Instead the refrigeration index requirements only apply to these carcases and carcase parts to the extent set out in clause 10 A of this amendment.
Subclause 9.1 inserted by the amendment relaxes the requirements of the temperature requirements for processing raw meat outside of a temperature controlled environment that are set out in subclause 12.4 of the Australian Meat Standard. Carcase parts that are not sides, quarters or bone-in major separated cuts need only meet the same 7˚C temperature requirement as all other carcases and carcase parts instead of the more stringent requirement of no warmer than 5˚C at the site of microbiological concern.
Subclause 9.2 inserted by the amendment amends clause 10 of the Principal Orders by removing the requirement for the refrigeration index criteria to be achieved after the processing of raw meat is completed.
Subclause 9.3 inserted by the amendment relaxes the requirements of the temperature requirements that apply for chilling raw meat after processing is completed that are set out in subparagraphs 12.5(b)(i) and 12.5(b)(ii) of the Australian Meat Standard. Again, carcase parts that are not sides, quarters or bone-in major separated cuts need only meet the same 7˚C temperature requirement as all other carcases and carcase parts instead of the more stringent requirement of no warmer than 5˚C.
Clause 10 inserted by the amendment relaxes the requirements of the temperature requirements for storage, handling and transport that are set out in subparagraphs 15.2(a)(i), 15.2(a)(ii), paragraph 15.7(a) and subparagraphs 24.3(a)(i) and 24.3(a)(ii) of the Australian Meat Standard. Again, carcase parts that are not sides, quarters or bone-in major separated cuts need only meet the same 7˚C temperature requirement instead of the more stringent requirement of no warmer than 5˚C.
The amendment also inserts a new clause 10A that provides that achieving the refrigeration index is only required when an assessment is made of the effectiveness of the process of refrigeration that is applied up until the time the carcase, carcase part or raw meat is maintained at a temperature of 7 or until it is further processed.
[46] Schedule 5, after subclause 12.2
This amendment relaxes the requirements for thawing meat that are set out in paragraph 12.11 of the Australian Meat Standard. Again, carcase parts that are not sides, quarters or bone-in major separated cuts need only meet the 7˚C temperature requirement instead of the more stringent requirement of no warmer than 5˚C.
[47] Schedule 5, subclause 17.1
This amendment corrects a typographical error.
[48] Schedule 5, paragraph 18.1(f)
This amendment replaces the reference to the official seal for container system units in the Prescribed Goods (General) Orders 1985 with the corresponding reference to the official seal for container system units in the Export Control (Prescribed Goods—General) Order 2005.
[49] Schedule 5, subclause 20.1
This amendment replaces the reference to the official seal for container system units in the Prescribed Goods (General) Orders 1985 with the reference to the official seal for container system units official marks in the Export Control (Prescribed Goods—General) Order 2005.
[50] Schedule 6, paragraph 1.2(b)
This amendment enables the primary descriptor in the trade description to cover sheep (ie as well as lamb, ram and mutton). This requirement reflects existing practice.
[51] Schedule 6, paragraph 1.2(b), Note 1
This amendment to Note 1 alerts the reader to the fact that sheep is defined in suborder 8.1. The amendment is made as a consequence of amendment [50].
[52] Schedule 6, after clause 4.1
This amendment enables the description:
- beef offal to be applied to offal derived from beef, veal or bull carcases; and
- pork offal to be applied to offal derived from pork, sow or boar carcases; and
- mutton offal to be offal derived from mutton, lamb or ram carcases.
This amendment results from industry consultations on the implementation of the Principal Orders. It reflects the requirements of the Export Meat Orders 1985.
[53] Schedule 6, subparagraphs 9.1 (a), 9.1(b) and 9.1(c)
This amendment corrects a typographical error.
[54] Schedule 6, subclause 10.3 after Note 2
This amendment inserts a Note to alert the reader to the fact that importing country requirements may require that importing country marks showing eligibility are applied to carcases, carcase parts and cartons.
[55] Schedule 6, paragraph 11.1(a)
This amendment replaces the reference to the Australian inspected official mark for lamb in the Prescribed Goods (General) Orders 1985 with the reference to Australian inspected official mark for lamb in the Export Control (Prescribed Goods—General) Order 2005.
[56] Schedule 6, paragraph 11.1(b)
This amendment replaces the reference to the Australian inspected official mark (for meat other than for lamb and for cartons) in the Prescribed Goods (General) Orders 1985 with the reference to Australian inspected official mark (for meat other than for lamb and for cartons) in the Export Control (Prescribed
Goods—General) Order 2005.
[57] Schedule 6, subclause 12.1
This amendment replaces the reference to the Australian inspected official mark that is to be applied to cartons in the Prescribed Goods (General) Orders 1985 with the reference to Australian inspected official mark in the Export Control (Prescribed Goods—General) Order 2005.
[58] Schedule 6, subclause 13.1
This amendment replaces the reference to the Halal official marks in the Prescribed Goods (General) Orders 1985 with the reference to the Halal official marks in the Export Control (Prescribed Goods—General) Order 2005. It also inserts a Note to refer readers to the Export Meat Manual for guidance as to which of the two Halal official marks should be applied in each case.
[59] Schedule 6, paragraph 14.1(a)
This amendment replaces the reference to the official mark that is to be applied to lamb where State and Territory inspection and audit arrangements are in place (State and Territory inspected official mark) in the Prescribed Goods (General) Orders 1985 with the reference to the State and Territory inspected official mark for lamb in the Export Control (Prescribed Goods—General) Order 2005.
[60] Schedule 6, paragraph 14.1(b)
This amendment replaces the reference to the State and Territory inspected official mark for meat other than lamb and for cartons in the Prescribed Goods (General) Orders 1985 with the reference to the State and Territory inspected official mark for meat other than lamb and for cartons in the Export Control (Prescribed Goods—General) Order 2005.
[61] Schedule 6, paragraph 14.1(e)
This amendment replaces the reference to the State and Territory inspected official marks in the Prescribed Goods (General) Orders 1985 with the reference to the State and Territory inspected official marks in the Export Control (Prescribed Goods—General) Order 2005.
[62] Schedule 6, subclause 17.1
This amendment replaces the reference to the Halal official marks in the Prescribed Goods (General) Orders 1985 with the reference to the Halal official marks in the Export Control (Prescribed Goods—General) Order 2005.
[63] Schedule 6, paragraph 17.1(b)
This amendment replaces the reference to the importing country official marks in the Prescribed Goods (General) Orders 1985 with the reference to the importing country official marks in the Export Control (Prescribed
Goods—General) Order 2005.
It also inserts a reference to the European eligible official mark in the section 13.15 of that Order. This ensures that the Principal Orders reflect current requirements.
[64] Schedule 6, subclause 17.1, Note 2
This amendment inserts the full title of the Export Meat Manual and details of the Department’s website.
[65] Schedule 6, subclause 17.2
This amendment replaces the references to the Halal official marks, and the State and Territory inspected official marks in the Prescribed Goods (General) Orders 1985 with the corresponding references to the Halal official marks and the State and Territory inspected official marks in the Export Control (Prescribed Goods—General) Order 2005.
[66] Schedule 6, subclause 17.3
This amendment replaces the reference to the Halal official marks in the Prescribed Goods (General) Orders 1985 with the reference to the Halal official marks in the Export Control (Prescribed Goods—General) Order 2005.
[67] Schedule 7, subclause 18.3
This amendment clarifies the intent of subclause 18.3 of Schedule 7 of the Principal Orders so that clause 18 correctly applies clauses 3 to 5 of Schedule 2 of the Principal Orders to Islamic Organisations that make certifications for Halal meat. The amendments ensure that references in clauses 3 to 5 that relate to the occupier of an establishment are substituted by references that are relevant to the Islamic Organisation.
[68] Schedule 7, paragraphs 19.2(a) and 19.2(b)
This amendment sets out the circumstances the occurrence of which must be notified. Paragraph 19.2(a) of Schedule 7 of the Principal Orders sets out the circumstances by referencing the relevant provision of the Prescribed Goods (General) Orders 1985. Instead of referencing the new provisions of the Export Control (Prescribed Goods—General) Order 2005, the amendments set out these circumstances in full. This is done to avoid confusion as to the precise nature of the requirements to notify. However the effect of the amendment is to preserve the requirements of paragraphs 19.2 (a) and 19.2(b) of Schedule 7 of the Principal Orders unchanged.
[69] Schedule 7, paragraph 22.1(g)
This amendment inserts the new reference for the Export Control (Prescribed Goods—General) Order 2005 for fit and proper person decisions.
[70] Schedule 7, subclause 26.1
This amendment corrects a typographical error.
[71] Schedule 9, paragraph 5.1 (a)
This amendment inserts the new reference for the Export Control (Prescribed Goods—General) Order 2005 for fit and proper person decisions.
[72] Schedule 9, paragraph 11.1(a)
This amendment inserts the new reference for the Export Control (Prescribed Goods—General) Order 2005 for fit and proper person decisions.
[73] Schedule 10, Table of contents
This amendment inserts in the Table of contents a new heading required as a consequence of amendment [77].
[74] Schedule 10, Table of contents
This amendment inserts in the Table of contents a new heading required as a consequence of amendment [79].
[75] Schedule 10, paragraph 2.1(d)
This amendment substitutes the new reference to paragraphs 17.03(3)(a) and 17.04(3)(b) and subsection 17.04(4) of the Export Control (Prescribed
Goods—General) Order 2005. These provisions retain the matters to be taken into account in decisions on allocation of services of officers that were previously set out in Part 18 of the Prescribed Goods (General) Orders 1985.
[76] Schedule 10, clause 13
This amendment acknowledges that the Administrative Appeals Tribunal Act 1975 limits the decisions that are reviewable. The amendment also produces consistency of drafting style with other similar provisions in the Principal Orders.
[77] Schedule 10, clause 16
This amendment replaces a reference to Part 20 of the Prescribed Goods (General) Orders 1985 with the corresponding provisions of the Principal Orders which replicate Part 20.
[78] Schedule 10, clause 27
This amendment acknowledges that the Administrative Appeals Tribunal Act 1975 limits the decisions that are reviewable. The amendment also produces consistency of drafting style with other similar provisions in the Principal Orders.
[79] Schedule 10, clause 30
This amendment replaces a reference to Part 20 of the Prescribed Goods (General) Orders 1985 with the corresponding provisions of the Principal Orders which replicate Part 20.