EXPLANATORY STATEMENT
Issued by the Minister for Agriculture, Fisheries and Forestry
Export Control (Meat and Meat Products) Amendment Orders 2011 (No. 1)
made under the Export Control (Orders) Regulations 1982
Legislative Authority
Pursuant to section 25 of the Export Control Act 1982 (Cth) (the Act) and regulation 3 of the Export Control (Orders) Regulations 1982 (the Regulations), Export Control (Meat and Meat Products) Orders 2005 (Principal Orders) identify the conditions and restrictions on the export of meat and meat products for the purposes of section 7 of the Act.
Purpose
The purpose of the Export Control (Meat and Meat Products) Amendment Orders 2011 (No.1 ) (Amendment Orders) is to amend Schedule 10, Part 1.1. Occupiers are currently required to give the Secretary one month’s notice of the services sought. The Amendment Orders will increase this notice period to three months. This will ensure that the Department of Agriculture, Fisheries and Forestry will be able to undertake recruitment or training of staff upon the receipt of any notice under this provision. This will enable the Department to provide inspection services in a timely and effective manner.
Consultation
The Office of Best Practice Regulation (OBPR) Preliminary Assessment was completed in relation to these amendments. The Preliminary Assessment indicated that the amendments are minor and machinery in nature and that further consultation was not required (2011/12917).
Details
Order 1 provides that the name of these amending Orders is the Export Control (Meat and Meat Products) Amendment Orders 2011 (No.1).
Order 2 provides that these Orders commence on a day to be notified by the Minister in the Gazette for the purposes of these Orders.
Order 3 provides that Schedule 1 amends the Export Control (Meat and Meat Products) Orders 2005.
Schedule 1 - Amendments
Item 1 amends Schedule 10, Part 1.1 by omitting the words “one month” and inserting the words “three months”.
Overview
The Export Control (Meat and Meat Products) Amendment Orders 2011 (No. 1) were introduced to address the need for an increased notice period for service requests related to the export of meat and meat products. Enacted under the authority of section 25 of the Export Control Act 1982 and regulation 3 of the Export Control (Orders) Regulations 1982, these amendments aim to modify the existing Export Control (Meat and Meat Products) Orders 2005 by extending the notice period from one month to three months. This change is intended to provide the Department of Agriculture, Fisheries and Forestry with sufficient time to recruit or train staff and thereby ensure the timely and effective provision of inspection services. The amendments were determined to be minor and machinery in nature, with no further consultation deemed necessary as per the Office of Best Practice Regulation's Preliminary Assessment.
Scope and Application
The Export Control (Meat and Meat Products) Amendment Orders 2011 (No. 1) amends the Export Control (Meat and Meat Products) Orders 2005 made under the Export Control (Orders) Regulations 1982, which themselves are made pursuant to the Export Control Act 1982. These amendments apply to persons or entities engaged in the export of meat and meat products in Australia, ensuring they adhere to the updated conditions and restrictions as specified under the Act. The primary modification involves extending the notice period that occupiers must provide to the Secretary from one month to three months. This adjustment is intended to allow the Department of Agriculture, Fisheries and Forestry adequate time to recruit or train necessary staff and to ensure that inspection services can be delivered in a timely and efficient manner. The changes are designed to maintain the integrity of Australia's meat export processes, aligning with the overarching objectives of the Export Control Act. The Amendment Orders themselves are set to commence on a date to be notified by the Minister in the Gazette.
Key Provisions
The primary operative sections of the Export Control (Meat and Meat Products) Amendment Orders 2011 (No. 1) (the Amendment Orders) focus on adjusting the notice period required from occupiers of meat and meat products for export control services (Schedule 1, Item 1). Currently, occupiers must provide one month’s notice to the Secretary for such services, but the Amendment Orders increase this period to three months. This alteration is intended to give the Department of Agriculture, Fisheries and Forestry additional time to recruit or train staff and to ensure that inspection services can be provided in a timely and effective manner.
The Amendment Orders impose specific obligations on occupiers of meat and meat products, requiring them to provide an extended notice period of three months when seeking export control services from the Secretary. This change aims to facilitate better planning and resource allocation within the Department, ensuring that the necessary inspections and regulatory oversight are conducted smoothly.
Under the Amendment Orders, occupiers must comply with the extended notice period requirement to avoid any potential disruptions in the export control process. Failure to comply with this requirement may result in delays or complications in the export of meat and meat products, as the Department may not be adequately prepared to provide the necessary services within the original one-month notice period.
In terms of consequences for breach, the Amendment Orders do not explicitly outline specific offences or penalties for non-compliance with the extended notice period. However, the failure to adhere to the required notice period could lead to administrative issues, such as delays in processing export applications or inspections. While there are no stated maximum penalties in the text, any significant non-compliance could potentially result in regulatory action or further legislative measures being taken to enforce adherence to the new requirements.