Export Control (Milk and Milk Products) Amendment Orders 2007 (No. 1)

Administered by Department of Agriculture

Legislation au F2007L04039 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 (Orders) Regulations 1982

 

Export Control (Milk and Milk 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 (Milk and Milk Products) Orders 2005 (‘the Principal Orders’) regulate the export of milk and milk products from Australia.

 

The purpose of the Export Control (Milk and Milk Products) Amendment Orders 2007 (No. ) is to make various minor amendments to the Principal Orders. These minor amendments will largely update cross references and fix typographical errors that have been identified. An amendment will also be made to Schedule 2, clause 14.1 by removing paragraph 14.1(1) (d). This removes a particular requirement that the Secretary previously needed to be satisfied about before the Secretary approves the arrangement.

 

No consultation has occurred as 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 2007 (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] Part 3, Division I, order 29.1, note 2

 

This item substitutes a new Note 2 which has the effect of removing the term ‘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’.

 

[2] Part 4, Division II, order 37, note 1

 

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’.

 

[3] Schedule 2, Part 2, Division I, paragraphs 14.1 (c) and (d)

 

This item removes paragraph 14.1 (d) and amends paragraph 14.1 (c) by removing the word ‘and’ at the end of the paragraph and substituting the semi colon with a full stop.

 

The removal of paragraph 14.1 (d) has the effect of removing a requirement that the Secretary must be satisfied of before he or she can approve the arrangement. The effect of this removal is that persons designated in the approved arrangement as a person who may make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9 are no longer required to be fit and proper persons.

 

This amendment is necessary to allow establishments to continue export operations immediately following staffing changes. Currently, when a staff member designated in the approved arrangement as a person who may make a declaration referred to in paragraph 6.1 (g) or 6.1 (h) of Schedule 8 or paragraph 3.1 (a) of Schedule 9 ceases employment with an establishment, that establishment may not be able to continue its export operations until a replacement staff member has been determined to be a fit and proper person. The effect of this can be an immediate stop to an establishment’s export operations for several weeks. The removal of paragraph 14.1 (d) will allow such staffing changes to not adversely affect an establishment’s continued export operations.

 

Paragraph 16.5 (d) of Schedule 9 requires that the Secretary be satisfied that an applicant be a fit and proper person prior to approval being granted to issue export permits. This requirement ensures that the integrity of Australia’s export certification system is maintained following the removal of paragraph 14.1(d) of Schedule 2.

 

[4] Schedule 4, Part 1, Division II, clause 15.2, note 3

 

This item substitutes a new Note 3 to clause 15.2 which updates the web reference to the Australian Drinking Water Guidelines. The Australian Drinking Water Guidelines were updated in 2004 and this new web reference is to the revised guidelines.

 

[5] Schedule 4, Part 1, Division II, clause 16, heading

 

This item amends the heading to clause 16 by replacing the word ‘non potable’ with ‘non-potable’. The purpose of this amendment is to reflect a consistent use of the hyphen in ‘non-potable’ in the Principal Orders.

 

[6] Schedule 4, Part 1, Division II, clause 16.2

 

This item amends clause 16.2 by replacing the word ‘non potable’ with ‘non-potable’. The purpose of this amendment is to reflect a consistent use of the hyphen in ‘non-potable’ in the Principal Orders.

 

This item also amends a grammatical error in clause 16.2 by removing the word ‘and’ and restructuring the sentence to clarify the intended meaning of the clause.

 

[7] Schedule 5, Part 4, clause 18.2

 

This item amends a grammatical error in clause 18.2 by inserting ‘and’ after ‘labels’, and before ‘other materials used:’ This item also removes the comma after ‘labels’.

 

 

[8] Schedule 7, Part 2, Division I, paragraph 4.1 (e)

 

This item amends a grammatical error in paragraph 4.1 (e) by inserting ‘s’ to the end of ‘product’.

 

[9] Schedule 9, Part 1, Division IV, paragraph 13.4 (a)

 

This item clarifies paragraph 13.4 (a) by inserting the word ‘export’ in front of ‘permit’ to make it clear that the reference is only to an export permit.

 

[10] Schedule 9, Part 2, clause 24.3

 

This item amends a grammatical error in clause 24.3 by removing the word ‘food’. The word is unnecessary and removing it will clarify the intended meaning of the clause.

 

[11] Schedule 10, Part 1, Division III, paragraph 11.1 (a)

 

This item amends a typographical error in paragraph 11.1 (a) by removing the first occurrence of the word ‘to’. The amendment clarifies the intended meaning of the clause.

Overview

The Export Control (Milk and Milk Products) Amendment Orders 2007 (No. 1) were enacted to make minor amendments to the Export Control (Milk and Milk Products) Orders 2005. These amendments were introduced to address the need for updates and corrections to the existing regulations concerning the export of milk and milk products from Australia. The Export Control Act 1982, enacted by the Parliament of Australia, provides the legislative framework for these amendments. The policy objective of these amendments is to ensure the regulatory framework remains effective and consistent with current legislative standards, while also addressing minor administrative errors and updating references to align with current terminology. The Minister for Agriculture, Fisheries and Forestry issued these orders, which are considered legislative instruments under the Legislative Instruments Act 2003.

Scope and Application

The Export Control (Milk and Milk Products) Amendment Orders 2007 (No. 1) amend the Export Control (Milk and Milk Products) Orders 2005, applying to the export of milk and milk products from Australia. These amendments primarily serve to update cross-references and correct typographical errors identified in the principal orders, without altering the substantive provisions or creating significant changes to existing arrangements. The amendments apply to entities and individuals involved in the export of milk and milk products from Australia. These orders are made under the authority of the Export Control Act 1982 and the Export Control (Orders) Regulations 1982, with the intent to ensure consistency and accuracy within the regulatory framework governing the export of these products. Notably, the amendments remove certain requirements and references that have become obsolete or inconsistent due to changes in other legislation, such as the repeal of the definition of "registered premises" in the Export Control Act 1982. Additionally, the amendments address specific grammatical and typographical errors to ensure clarity and precision in the regulations. The geographic scope of these amendments is national, impacting all entities engaged in the export of milk and milk products within Australia.

Key Provisions

The Export Control (Milk and Milk Products) Amendment Orders 2007 (No. 1) primarily serve to amend the Export Control (Milk and Milk Products) Orders 2005, introducing minor updates and corrections to the existing regulations. These amendments are aimed at refining the regulatory framework for the export of milk and milk products from Australia. Specifically, the amendments include updates to terminology and definitions to ensure consistency with the Export Control Act 1982, corrections of typographical errors, and the removal of certain requirements that are no longer applicable or necessary (Orders 1 to 3). These Orders impose specific obligations on parties involved in the export of milk and milk products. For instance, they require that any approved arrangements for exports must be updated to reflect the changes made by these Orders. This includes updating references to ensure consistency with the Act and removing outdated terms that no longer apply, such as 'registered premises'. Additionally, the Orders mandate that any approved arrangements must continue to meet the requirement that the Secretary be satisfied that an applicant is a fit and proper person, as stipulated in paragraph 16.5(d) of Schedule 9 (Order 3, Schedule 2, Part 2, Division I, paragraphs 14.1(c) and (d)). The Amendment Orders do not introduce new offences or penalties but maintain the existing framework for penalties under the Export Control Act 1982. Section 25(2)(f) of the Act allows for penalties not exceeding 50 penalty units for offences against the regulations. However, under subsection 25(3), an order cannot prescribe any penalty for an offence. Therefore, any breaches of the regulations or Orders would be subject to the penalties outlined in the Act, which can include fines up to the specified limit, or other civil or criminal consequences as determined by the relevant authorities. The amendments themselves are focused on ensuring the regulatory language is up-to-date and accurate, rather than on imposing new sanctions.

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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.