EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Meat and Meat Products) Amendment Orders 2007 (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.
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 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’) regulate the export of meat and meat products from Australia.
The purpose of the Export Control (Meat and Meat Products) Amendment Orders 2007 (No. ) is to remove a repealed term in Note 2 to Order 29.1 of the Principal Orders.
No consultation has occurred as the amendment is of a minor or machinery nature and does not substantially alter existing arrangements.
The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Orders are set out below:
Order 1
- This order provides that the name of these amending Orders is the Export Control (Meat and Meat Products) Amendment Orders 2007 (No. ).
Order 2
2. This order provides that these Orders commence on the day after they are registered.
Order 3
3. This order provides that Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005.
Schedule 1 Amendments
[1] Part 3, Division I, order 29.1, note 2
This item omits from Note 2 ‘and registered premises’. The purpose of this amendment is to remove a term that has been repealed and is no longer consistent with the Export Control Act 1982. The definition of ‘registered premises’ in the Export Control Act 1982 was repealed by the Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Act 2006 (No. 94, 2006). The removal of the definition of ‘registered premises’ from the Export Control Act 1982 was a consequence of the adoption of the expression ‘registered establishment’.
Overview
The Export Control (Meat and Meat Products) Amendment Orders 2007 (No. 1) were introduced to address a minor technical issue within the existing regulatory framework governing the export of meat and meat products from Australia. These Amendment Orders were enacted to align the Export Control (Meat and Meat Products) Orders 2005 with the current legislative environment by removing a term that was repealed under the Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Act 2006. The objective is to ensure the regulatory text remains consistent and reflective of the current legal definitions, thereby avoiding any confusion or misinterpretation. These amendments were made by the Governor-General under the authority conferred by Section 25 of the Export Control Act 1982 and are intended to streamline and clarify the regulatory requirements without altering the substantive export control measures.
Scope and Application
The Export Control (Meat and Meat Products) Amendment Orders 2007 (No. 1) applies to the regulation and control of the export of meat and meat products from Australia, as governed by the Export Control Act 1982. These regulations apply to all entities and persons involved in the export of such goods, including producers, processors, and exporters. The Act operates on a national level within Australia, ensuring that the export of meat and meat products adheres to specific standards and conditions as prescribed by the regulations. The Amendment Orders primarily serve to update and refine the existing regulatory framework by removing outdated terminology, thereby ensuring the consistency and relevance of the legislation. Notably, these Orders do not introduce new substantive changes but rather address technical updates, such as the removal of the term "registered premises" in accordance with the repealed definition from the Export Control Act 1982. The Act’s regulatory reach is extended through subordinate instruments, allowing the Minister to issue further orders to implement specific measures as required by the overarching legislative framework.
Key Provisions
The main sections of the Export Control (Meat and Meat Products) Amendment Orders 2007 (No. 1) involve amending the Export Control (Meat and Meat Products) Orders 2005 to reflect changes in terminology. Specifically, Order 3 of the Amendment Orders includes Schedule 1, which amends Note 2 to Order 29.1 in the Principal Orders. This amendment removes the term ‘registered premises’ from the regulations as it has been repealed by the Agriculture, Fisheries and Forestry Legislation Amendment (Export Control and Quarantine) Act 2006 (No. 94, 2006). This change ensures the regulations remain consistent with the current legislative framework by adopting the term ‘registered establishment’ instead.
The obligations and requirements imposed by these Amendment Orders pertain primarily to updating the terminology within the existing export control regulations. By removing the reference to ‘registered premises’ and ensuring the regulations align with the current legal definitions, the Amendment Orders require entities involved in the export of meat and meat products to adhere to the updated terminology. This change mandates that anyone exporting meat and meat products from Australia must now comply with the term ‘registered establishment’ as defined in the Export Control Act 1982, thereby maintaining consistency and clarity in regulatory language.
The Amendment Orders do not introduce new offences, penalties, or consequences for breach. However, any failure to comply with the updated terminology could potentially lead to issues if enforcement actions are taken under the Export Control Act 1982. Although the Amendment Orders themselves do not specify penalties, any breach of the underlying Act or regulations could result in penalties. The Export Control Act 1982 allows for penalties not exceeding 50 penalty units for offences against the regulations. In this context, a penalty unit is currently equivalent to $222. Therefore, any non-compliance with the updated terminology, if it leads to a breach of the Act, could result in a penalty of up to $11,100. Additionally, any subsequent orders made by the Minister under the Act could also impose specific penalties or consequences for non-compliance.