Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2)

Administered by Department of Agriculture

Legislation au F2005L01857 Not in force Legislative Instrument

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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. 2)

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 14(1) of the Act provides that a person shall not, in contravention of the regulations, manufacture, possess or taken certain other action in relation to official marks and official marking devices. Subsection 14 (2) specifies that a maximum penalty of 5 years imprisonment applies to a contravention of subsection 14(1).

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.

Subsection 25(3) of the Act states that an order shall not be made prescribing any penalty for an offence.

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 Principal Orders also make provision for a range of matters that may be necessary to enure the requirements of the Act are met including inspections, dispositions, audit, registration approval of arrangements, issue of certificates and official marks.

The Principal Orders are to commence on 1 July 2005. The Export Control (Prescribed Goods —General) Order 2005 is also to commence on that date.

The purpose of the Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) is to amend the Principal Orders to:

remove any overlap between the provisions of the Export Control (Prescribed Goods—General) Order 2005 which prohibit the manufacture, possession, application or use of official marks and official marking devices and similar provisions in the Principal Orders; and

correct typographical errors that have been identified.

The Office of Regulation Review have advised that a Regulation Impact Statement is not mandatory as the proposed amendments are of a minor or machinery nature and do no substantially alter existing arrangements.

Details of Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) 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. 2).

Order 2

2. This order provides that these Orders commence on 1 July 2005.

Order 3

3. This order provides that Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005.

Schedule 1 Amendments

[1] Order 64

This amendment remove any overlap between the provisions of the Export Control (Prescribed Goods—General) Order 2005 which prohibit the manufacture, possession and application or use of official marks and official marking devices and similar provisions in the Principal Orders. This is achieved by suborder 64.1 of this amendment which adopts section 13.18 of the Export Control (Prescribed Goods—General) Order 2005. At the same time the matters now covered in section 13.18 have been removed from the Principal Orders by this amendment.

In order to ensure that the current position under the Principal Orders is retained it is necessary to ensure that the manufacture, possession etc of an official marking device for use for meat and meat products may be undertaken by an authorized officer, a person acting under the direction of an authorized officer or where permitted under an approved arrangement. This is provided for in the amendment in suborder 64.2.

In order to ensure that the current position under the Principal Orders is retained it also necessary to insert the additional prohibition (currently set out in paragraph 64.3(b) of the Principal Orders) on altering or interfering with an official mark applied to meat or meat products for export for food. The prohibition applies is unless the alteration of interference is undertaken by an authorized officer, a person acting under the direction of an authorized officer or is permitted under an approved arrangement. This is provided for in the amendment in suborder 64.3.

[2] Suborder 66.2

The effect of this amendment and amendment [3] is to correct a typographical error.

[3] Paragraph 66.2(a)

The effect of this amendment and amendment [2] is to correct a typographical error.

[4] Schedule 1, subclause 12.2 second time appearing

This amendment corrects a clerical error by removing a suborder which was not removed in a previous amendment and therefore in effect appears twice.

[5] Schedule 5, paragraph 8.2(a)

This amendment ensures that both of the relevant references to the Australian Meat Standard are inserted.

[6] Schedule 5, subclause 20.2

This amendment is required as a consequence of amendment [1] and replaces the reference to suborder 64.3 of the Principal Orders with a reference to the new provision of Schedule 6 (see amendment [9]) which contains the relevant matters that were previously referred to in suborder 64.3 of the Principal Orders.

[7] Schedule 6, paragraph 1.2(b)

This amendment corrects a punctuation error which had resulted in a previous amendment being regarded as misdescribed and therefore unable to be incorporated.

[8] Schedule 6, paragraph 1.2(k), Note 1

This amendment corrects an error which had resulted in a previous amendment being regarded as misdescribed and therefore unable to be incorporated.

[9] Schedule 6, clause 15

This amendment is required as a consequence of amendment [1]. The amendment inserts into clause 15 the relevant matters that were previously referred to in suborder 64.3 of the Principal Orders.

[10] Schedule 10, Table of contents, clause 16

This amendment inserts the correct heading for clause 16.

[11] Schedule 10, Table of contents, clause 30

This amendment inserts the correct heading for clause 30.

Overview

The Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) were enacted to amend the Export Control (Meat and Meat Products) Orders 2005 and the Export Control (Prescribed Goods – General) Order 2005, both of which fall under the Export Control Act 1982. The primary objective of these amendments was to resolve overlaps and correct typographical errors between the two sets of orders, ensuring consistency and clarity in the regulations governing the export of meat and meat products from Australia. These amendments were introduced by the Minister for Agriculture, Fisheries and Forestry and were designed to streamline the regulatory framework without substantially altering existing arrangements. The changes were minor, as determined by the Office of Regulation Review, which deemed a Regulation Impact Statement unnecessary. The amendments took effect on 1 July 2005, aligning with the commencement date of the Principal Orders and the General Order.

Scope and Application

The Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) are amendments to the Export Control (Meat and Meat Products) Orders 2005, which regulate the export of meat and meat products from Australia under the Export Control Act 1982. The Act applies to any person or entity involved in the export of meat and meat products from Australia, and its regulations are intended to ensure the safety, quality, and integrity of exported meat products. The Act's jurisdiction extends across Australia, and it applies to all states and territories. The Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) aim to remove any overlap between the provisions of the Export Control (Prescribed Goods—General) Order 2005 and the Principal Orders, and to correct typographical errors that have been identified. The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory as the proposed amendments are of a minor or machinery nature and do not substantially alter existing arrangements. The amendments are intended to streamline and clarify the regulations, ensuring that they are consistent and effective in regulating the export of meat and meat products from Australia.

Key Provisions

The Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 2) primarily serve to amend the Export Control (Meat and Meat Products) Orders 2005, which themselves detail the conditions and restrictions on the export of meat and meat products from Australia under the Export Control Act 1982 (the Act). Section 7 of the Act allows the regulations to prohibit the export of prescribed goods, or goods included in a class of goods, from Australia absolutely or to a specified place unless certain conditions or restrictions are met. This is achieved through the Principal Orders, which are complemented by the Export Control (Prescribed Goods—General) Order 2005. The Amendment Orders aim to streamline these provisions by removing any overlaps between the General Order and the Principal Orders, particularly concerning the manufacture, possession, and use of official marks and official marking devices (Order 64). Additionally, the Amendment Orders correct several typographical and clerical errors identified in the Principal Orders. The Amendment Orders impose specific obligations on parties or entities involved in the export of meat and meat products. These obligations include ensuring that the manufacture, possession, and use of official marking devices for meat and meat products are undertaken by authorized officers, individuals acting under the direction of such officers, or under approved arrangements (suborder 64.2). Furthermore, any alteration or interference with official marks applied to meat or meat products for export must be carried out by authorized officers, individuals acting under their direction, or under approved arrangements (suborder 64.3). These requirements are intended to maintain the integrity of official marks and marking devices, ensuring they are used correctly and only by authorized personnel or under approved conditions. The Act also imposes penalties for breaches of its provisions. For example, subsection 14(1) of the Act prohibits the manufacture, possession, or other specified actions in relation to official marks and official marking devices without proper authorization. A contravention of this subsection is subject to a maximum penalty of five years imprisonment, as specified in subsection 14(2). Additionally, the regulations made under the Act may prescribe penalties not exceeding 50 penalty units for offences against those regulations, as provided under paragraph 25(2)(f) of the Act. It should be noted, however, that an order made under subsection 25(3) cannot itself prescribe any penalty for an offence, as stated in subsection 25(3) of the Act. These penalties serve to enforce compliance with the Act’s provisions and ensure the proper handling and use of official marks and marking devices in the export of meat and meat products.

Area of Law: Export Control Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations; Enforcement Powers

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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.

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