EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Milk and Milk Products) Amendment Orders 2006 (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 (Milk and Milk Products) Orders 2005 (‘the Principal Orders’) regulate the export of milk and milk products.
The purpose of the Export Control (Milk and Milk Products) Amendment Orders 2006 (No.1) is to amend the Principal Orders to correct the reference to subclause 12.2 in Schedule 2, which is mistakenly described as subclause 13.2.
No consultation has occurred because the amendments are of a minor or machinery nature and do 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
1. This order provides that the name of these amending Orders is the Export Control (Milk and Milk Products) Amendment Orders 2006 (No. 1).
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 (Milk and Milk Products) Orders 2005.
Schedule 1 Amendments
[1] Schedule 2, subclause 13.2
This amendment corrects the reference to subclause 12.2 in Schedule 2, which is mistakenly described as subclause 13.2.
Overview
The Export Control (Milk and Milk Products) Amendment Orders 2006 (No.1) were introduced to amend the Export Control (Milk and Milk Products) Orders 2005, addressing a clerical error in the reference to subclause 12.2 in Schedule 2, which was mistakenly described as subclause 13.2. Enacted under the authority of the Export Control Act 1982 by the Parliament of Australia, these orders aim to ensure the accurate application of export controls on milk and milk products by correcting the identified error. The objective is to maintain the integrity and effectiveness of the regulatory framework without altering the substantive provisions or creating any significant changes to the existing arrangements. The Minister for Agriculture, Fisheries and Forestry issued these orders, which do not require consultation as they pertain to minor amendments that do not substantially alter the current legislative setup.
Scope and Application
The Export Control (Milk and Milk Products) Amendment Orders 2006 (No. 1) amend the Export Control (Milk and Milk Products) Orders 2005 to correct a clerical error in the referencing of subclauses within Schedule 2. These Orders apply to the export of milk and milk products, which are classified as prescribed goods under the Export Control Act 1982. The Act provides the legislative framework for controlling the export of goods from Australia, and these Orders specifically target the regulation of milk and milk products exports. The scope of these Orders is limited to rectifying an administrative error in the existing regulations, thus ensuring the correct application of the provisions intended to govern the export of these goods. As the amendments are of a minor nature and do not substantially change existing arrangements, no consultation was required. The Orders commence on the day after they are registered and are subject to the overarching provisions of the Export Control Act 1982, including the authority of the Minister to make further orders under the Act.
Key Provisions
The Export Control (Milk and Milk Products) Amendment Orders 2006 (No.1) amend the Export Control (Milk and Milk Products) Orders 2005 to correct a reference error in Schedule 2 of the Principal Orders. Specifically, Order 3 of the Amendment Orders corrects the reference to subclause 13.2 in Schedule 2, which should be subclause 12.2 (Schedule 1, Amendments [1]). These amendments are purely technical, aimed at rectifying a clerical error in the previous Orders without altering the substantive content or operation of the legislation.
The Amendment Orders impose obligations on entities involved in the export of milk and milk products, ensuring that the correct legal references are used within the regulatory framework. This correction ensures that the regulations governing the export of milk and milk products are accurately referenced and applied, maintaining the integrity and consistency of the legal framework. The obligations remain consistent with those under the Principal Orders, with the primary focus being on the accurate referencing and application of legal provisions concerning the export of these goods.
Under the Export Control Act 1982, violations of the regulations may result in civil and criminal penalties. Subsection 25(2)(f) of the Act allows for the prescribing of penalties not exceeding 50 penalty units for offences against the regulations. The specific penalties for breaching the Milk and Milk Products Orders are not detailed in the Amendment Orders themselves but would be governed by the general provisions of the Act and the relevant regulations. The maximum penalties could potentially include fines up to the prescribed limits or other sanctions as determined by the courts, depending on the nature and severity of the breach. These provisions underscore the importance of compliance with the regulations to avoid legal repercussions.