EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Mung Beans) Repeal Orders 2007
Sub-section 25(1) of the Export Control Act 1982 (‘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 the carrying out or giving effect to the Act.
Paragraph 25(2)(d) of the Act allows regulations to be made for the imposition of fees in connection with the performance of services by authorised officers and the remission of fees so imposed.
Paragraph 25(2)(g) of the Act provides that the Governor-General may make regulations 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.
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 (Mung Beans) Orders (the Mung Beans Orders) were enacted in 1991 in response to food poisoning incidents in overseas markets. The purpose of the Export Control (Mung Beans) Repeal Orders 2007 (the Repeal Orders) is to repeal the Mung Beans Orders. The reason for the repeal is that an amendment has been made to the Export Control (Plants and Plant Products) Orders 2005 (the Plants Orders), by the Export Control (Plants and Plant Products) Amendment Orders 2007 (No.1), to bring mung beans within the scope of the Plants Orders. The uniqueness of the mung bean export market is being acknowledged by inserting separate schedules into the Plants Orders to deal solely with the procedures and processes for exporting mung beans.
Extensive external consultation was undertaken with industry on the repeal of the Mung Beans Orders and the amendments to the Plants Orders. External consultation occurred with exporters and registered establishment operators. Consultation was also undertaken with the peak industry body, the Australian Mungbean Association (AMA), and the AQIS Grain Industry Consultative Committee (AGICC), the principal forum by which AQIS consults with the grain industry on export certification issues. The AMA provided written endorsement of the repeal of the Mung Beans Orders and the proposed amendments to the Plants Orders and no other submissions were received from industry.
The Office of Best Practice Regulation advised that the amendments would have a low impact on business, and would appear to impose no or low compliance costs.
The Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of Orders are as follows:
Order 1 provides that the name of the Orders is the Export Control (Mung Beans) Repeal Orders 2007.
Order 2 provides that the Orders commence on 1 November 2007. The reason for the delayed commencement is to allow time, if necessary, for exporters of mung beans to make the changes required to align their operations with the requirements of the revised Plants Orders, before repeal of the Mung Beans Orders. The amendments to the Plants Orders made by the Export Control (Plants and Plant Products) Amendment Orders 2007 (No.1) will commence on 1 November 2007.
Order 3 repeals the Export Control (Mung Beans) Orders and the Export Control (Mung Beans) Amendment Orders 2005 (No.1).
Overview
The Export Control (Mung Beans) Repeal Orders 2007 were enacted to address the need for updated regulations concerning the export of mung beans, a plant product, in response to previous food poisoning incidents in overseas markets. These Repeal Orders were introduced under the authority of the Export Control Act 1982 and were made by the Governor-General, acting on the advice of the Minister for Agriculture, Fisheries and Forestry. The primary policy objective of these repeal orders was to streamline and modernise the regulatory framework governing the export of mung beans by integrating them into the broader Export Control (Plants and Plant Products) Orders 2005. This integration aimed to provide a more coherent and efficient regulatory environment, acknowledging the unique aspects of the mung bean export market. Extensive consultation with industry stakeholders, including the Australian Mungbean Association and the AQIS Grain Industry Consultative Committee, ensured that the changes would impose minimal compliance costs and facilitate a smooth transition for exporters.
Scope and Application
The Export Control (Mung Beans) Repeal Orders 2007 applies to the repeal of the Export Control (Mung Beans) Orders and the Export Control (Mung Beans) Amendment Orders 2005 (No.1), recognising the unique requirements of the mung bean export market. These repeals are made in response to an amendment to the Export Control (Plants and Plant Products) Orders 2005, which now encompasses mung beans within its scope, ensuring that separate schedules are incorporated to address the specific procedures and processes for mung bean exports. The repeal is effective as of 1 November 2007, providing a transitional period for exporters to align their operations with the new regulations. The Orders are a legislative instrument under the Legislative Instruments Act 2003 and pertain to the Commonwealth jurisdiction, affecting entities and individuals involved in the export of mung beans. The repeal and subsequent amendments aim to streamline regulatory requirements, reduce compliance costs, and ensure that the export process for mung beans is effectively managed within the broader framework of the Export Control Act 1982.
Key Provisions
The Export Control (Mung Beans) Repeal Orders 2007 (Orders) provide for the repeal of the Export Control (Mung Beans) Orders, which were established in 1991 to address food poisoning incidents in overseas markets (Order 3). These Orders are a legislative instrument under the Legislative Instruments Act 2003 and will commence on 1 November 2007, to allow exporters adequate time to align their operations with the revised Export Control (Plants and Plant Products) Orders (Order 2). The primary objective of the Repeal Orders is to integrate mung bean exports under the broader Export Control (Plants and Plant Products) Orders 2005 (Plants Orders), which have been amended to include mung beans (Explanatory Statement). This consolidation aims to streamline the regulatory framework governing the export of mung beans and other plant products.
Entities involved in the export of mung beans are required to ensure compliance with the amended Plants Orders, which now incorporate specific schedules for mung beans (Explanatory Statement). Exporters and registered establishment operators must familiarise themselves with the new requirements and procedures outlined in the Plants Orders. This includes adhering to the updated export certification processes and any additional documentation or compliance measures specified in the revised Orders. The Australian Mungbean Association (AMA) and the AQIS Grain Industry Consultative Committee (AGICC) have endorsed these changes, indicating that they should impose minimal compliance costs and have a low impact on business operations (Explanatory Statement).
Failure to comply with the requirements set forth in the Export Control (Plants and Plant Products) Orders could result in penalties or other legal consequences. While specific penalties are not detailed in the explanatory statement, breaches of the Export Control Act 1982 (Act) or its associated regulations could lead to fines, legal action, or other enforcement measures. The Act provides for various offences and penalties related to the export of plants and plant products, and non-compliance could have serious ramifications for exporters and their businesses. It is essential for all parties involved to understand and adhere to the provisions of the amended Orders to avoid any potential legal issues.