Export Control (Miscellaneous) Rules 2021

Export Control (Miscellaneous) Rules 2021

made under section 432 of the

Export Control Act 2020

Compilation No. 4

Compilation date: 26 February 2025

Includes amendments: F2025L00120, F2025L00189

About this compilation

This compilation

This is a compilation of the Export Control (Miscellaneous) Rules 2021 that shows the text of the law as amended and in force on 26 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1‑1.............................................Name

1‑3...........................................Authority

1‑4..........................................Definitions

Part 2—Decisions that may be made by computer program

2‑1...........Decisions that may be made by operation of computer program

Part 3—Information management

3‑2.................Use or disclosure of relevant information by analysts

Part 4—Fit and proper person test

4‑1...................................Fit and proper persons

Part 5—Application, saving and transitional provisions

5‑1Amendments made by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024

5‑2Amendments made by the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1‑1  Name

  This instrument is the Export Control (Miscellaneous) Rules 2021.

1‑3  Authority

  This instrument is made under the Export Control Act 2020.

1‑4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) government certificate;

(b) non‑prescribed goods;

(c) Regulatory Powers Act;

(d) relevant information.

  In this instrument:

Act means the Export Control Act 2020, and includes:

 (a) legislative instruments made under the Export Control Act 2020; and

 (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.

Part 2—Decisions that may be made by computer program

2‑1  Decisions that may be made by operation of computer program

Kinds of decisions

 (1) For the purposes of paragraph 286(2)(a) of the Act and subject to subsection (2), a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to a kind of non‑prescribed goods may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 286(1) of the Act.

 (2) Subsection (1) applies in relation to a decision only if no other rules prescribed for the purposes of paragraph 286(2)(a) of the Act apply in relation to the decision.

Example: This section does not apply in relation to a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to non‑prescribed plants or plant products because this decision is prescribed by section 9‑17 of the Export Control (Plants and Plant Products) Rules 2021.

Persons who may use computer program

 (3) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section:

 (a) a person applying for a government certificate in relation to a kind of non‑prescribed goods under subsection 65(1) of the Act;

 (b) an APS employee in the Department;

 (c) a person performing services for the Department under a contract;

if the Secretary has given the person a unique identifier to enable the person to access the computer program.

Conditions of use of computer program

 (4) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (3) of this section must:

 (a) be satisfied on reasonable grounds that information entered into the computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and

 (b) ensure that the information is accurately entered into the computer program.

Part 3—Information management

3‑2  Use or disclosure of relevant information by analysts

 (1) This section prescribes, for the purposes of section 397E of the Act, matters relevant to the use or disclosure of relevant information by analysts.

Prescribed class of persons

 (2) For the purposes of paragraphs 397E(1)(a) and (2)(a) of the Act, the class of persons consisting of persons appointed as analysts under subsection 413(1) of the Act is prescribed.

Prescribed purposes for which information may be used or disclosed

 (3) For the purposes of paragraphs 397E(1)(b) and (2)(b) of the Act, the following purposes, for the use or disclosure of relevant information, are prescribed:

 (a) performing functions or duties, or exercising powers, under the Act;

 (b) assisting another person to perform functions or duties, or to exercise powers, under the Act.

Prescribed kinds of information that may be used or disclosed

 (4) For the purposes of paragraphs 397E(1)(c) and (2)(c) of the Act, the kind of information that is relevant information is prescribed.

Specified legislative powers

 (5) For the purposes of subsection 397E(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:

 (a) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);

 (b) matters incidental to the execution of any of the legislative powers of the Parliament (within the meaning of paragraph 51(xxxix) of the Constitution).

Part 4—Fit and proper person test

4‑1  Fit and proper persons

 (1) For the purposes of paragraph 372(2)(j) of the Act, this section prescribes other matters the Secretary must have regard to in determining whether a person is a fit and proper person for the purposes of the provisions mentioned in, or prescribed under, subsection 372(1) of the Act.

 (2) A prescribed matter is whether the person or an associate of the person gave false or misleading information or documents to the Secretary, or to another person, performing functions or duties or exercising powers under:

 (a) the repealed Export Control Act 1982; or

 (b) the repealed Part 2 of the Australian Meat and Live‑stock Industry Act 1997.

Note 1: The Export Control Act 1982 was repealed on 28 March 2021 by Schedule 1 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.

Note 2: Part 2 of the Australian Meat and Live‑stock Industry Act 1997 was repealed on 28 March 2021 by Schedule 2 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.

Part 5—Application, saving and transitional provisions

5‑1  Amendments made by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024

 (1) Section 3‑2, as inserted by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024 (the amending instrument), applies in relation to information obtained or generated before, on or after the day (the commencement day) the amending instrument commences.

 (2) To avoid doubt, the repeal of Part 4 by the amending instrument applies on or after the commencement day in relation to an application made under section 111, 116, 120, 150, 155, 190 or 195 of the Act, but not determined, before that day.

5‑2  Amendments made by the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025

  Section 4‑1, as inserted by Part 2 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025, applies in relation to applications made that require a determination under section 372 of the Act on or after the day on which that Part commences.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history