Export Control (Orders) Amendment Regulations 1999 (No. 1)

Overview

The Export Control (Orders) Amendment Regulations 1999 (No. 1) were enacted to enhance the regulatory framework under the Export Control Act 1982. This Act primarily governs the export of food and related primary products that are prescribed under the Act, ensuring these goods meet necessary safety, quality, and trade standards for international markets. The problem these regulations aimed to address was the inadequacy of the existing penalty structure, which, at $1,000, did not adequately reflect the severity of potential regulatory violations. By introducing a range of penalties from 10 to 50 penalty points, the regulations allow for more nuanced enforcement, aligning the penalty with the seriousness of the contravention. The policy objective of these amendments was to provide a more flexible and effective enforcement mechanism to maintain high standards in the export of Australian goods. These regulations were made by the Governor-General in accordance with the authority granted under section 25 of the Export Control Act 1982, with the amendments to be subject to the usual Parliamentary scrutiny when incorporated into the Export Control Orders.

Scope and Application

The Export Control Act 1982 applies to the export of food and related primary products that are prescribed under the Act. It is administered by the Minister for Agriculture, Fisheries and Forestry and has a Commonwealth jurisdictional reach. The Act aims to ensure that prescribed goods are fit for human consumption, match their trade description and meet the import requirements of Australia's export markets. The Act's application is extended through subordinate legislation, such as the Export Control (Orders) Amendment Regulations 1999 (No. 1) which provide for a range of penalties for offences against the regulations. These penalties can be specified according to the seriousness of the contravention and range from 10 penalty points to 50 penalty points. The Export Control Orders themselves determine the level of penalty that can apply to an offence and any amendments to these orders will be subject to Parliamentary scrutiny. The Regulations commenced on gazettal and do not require a Regulation Impact Statement.

Key Provisions

The main operative sections of the Export Control (Orders) Amendment Regulations 1999 (No. 1) include Regulation 3, which amends the Export Control (Orders) Regulations by introducing a new penalty structure for offences against the regulations (Schedule 1, Item 2). These new penalties range from 10 to 50 penalty points and can be specified according to the seriousness of the contravention. The regulations are designed to ensure that prescribed goods are fit for human consumption, match their trade descriptions and meet the import requirements of Australia's export markets. They also provide the necessary regulatory controls for the preparation of these goods for export. The obligations imposed by these regulations on parties or entities governed by the Act include adherence to the new penalty structure for offences against the regulations. Specifically, entities must comply with the regulatory controls set out in the subordinate legislation, which ensure that prescribed goods are prepared in a manner that meets all necessary requirements for export. This includes ensuring that the goods are fit for human consumption and accurately match their trade descriptions. The regulations also require entities to comply with any amended Export Control Orders that alter the level of penalty applicable to an offence. Offences against the amended regulations can result in penalties ranging from 10 to 50 penalty points. Where a specific penalty level has not been specified by the order or provision, the default penalty is 10 penalty points. It is important to note that the amendment to regulation 4 does not itself alter any penalty for a contravention of the Export Control Orders; any such alteration must be made through an amendment to the Export Control Orders themselves. Any amended Export Control Orders that alter the penalty level will be subject to Parliamentary scrutiny in the usual way. The maximum penalty for offences against the regulations is currently set at 50 penalty points, although this may be subject to change based on future amendments to the Export Control Orders.