Export Control (Orders) Regulations 1982
Statutory Rules 1982 No. 355 as amended
made under the
Export Control Act 1982
This compilation was prepared on 5 April 2002
taking into account amendments up to SR 2002 No. 60
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Interpretation
3 Orders
4 Offences
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Export Control (Orders) Regulations 1982.
2 Interpretation
In these Regulations, unless the contrary intention appears, the Act means the Export Control Act 1982.
3 Orders
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.
4 Offences
(1) If an order made under these Regulations provides that the order, or a provision of it, is a penal provision, a person who fails to comply with the order or provision is guilty of an offence against these Regulations punishable by:
(a) a fine of 10 penalty units; or
(b) if the order or provision specifies that it is a penal provision of a particular level — a fine of the number of penalty units specified for a penal provision of that level in the following table:
Level of penal provision | Penalty |
level 1 penal provision | 10 penalty units |
level 2 penal provision | 20 penalty units |
level 3 penal provision | 30 penalty units |
level 4 penal provision | 40 penalty units |
level 5 penal provision | 50 penalty units. |
(2) An offence under subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Notes to the Export Control (Orders) Regulations 1982
Note 1
The Export Control (Orders) Regulations 1982 (in force under the Export Control Act 1982) as shown in this compilation comprise Statutory Rules 1982 No. 355 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1982 No. 355 | 17 Dec 1982 | 17 Dec 1982 | |
1999 No. 221 | 29 Sept 1999 | 29 Sept 1999 | — |
2002 No. 60 | 5 Apr 2002 | 5 Apr 2002 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 1999 No. 221 |
R. 4................. | rs. 1999 No. 221; 2002 No. 60 |
Overview
The Export Control (Orders) Regulations 1982, made under the Export Control Act 1982, are a set of rules designed to support the overarching framework established by the Act for controlling the export of goods, services, and technology that could potentially pose a risk to national security. Enacted by the Parliament of Australia, these regulations allow the Minister to issue written orders that must be consistent with the Act and its regulations, providing a flexible mechanism to address emerging export control issues. The policy objective of these regulations is to ensure that the export of sensitive items does not compromise Australia’s security interests, while also facilitating legitimate trade and international cooperation in a controlled manner.
Scope and Application
The Export Control (Orders) Regulations 1982, as amended, are a legislative instrument made under the Export Control Act 1982, governing the administrative aspects of the export control framework in Australia. These regulations apply to all persons and entities within Australia, including individuals, corporations, and other legal entities, who are involved in the export of goods, services, or technology subject to the Act. They are applicable to various industries, including defence, nuclear, and dual-use technologies, and pertain to conduct and transactions involving the export of controlled items. The scope of these regulations is national, covering the entire Commonwealth of Australia. While the Act and its subordinate regulations do not explicitly detail exclusions or thresholds, they are designed to be comprehensive, with the possibility of specific exclusions or exemptions being outlined in particular orders made by the Minister. The application of these regulations can be extended or restricted through additional orders or instruments made by the Minister, which must be consistent with the overarching provisions of the Export Control Act 1982.
Key Provisions
The Export Control (Orders) Regulations 1982, made under the Export Control Act 1982, provide a framework for the Minister to issue written orders concerning matters related to the export control regulations. These orders must not be inconsistent with any regulations made under the Act (Regulation 3). The term "Act" in these Regulations refers to the Export Control Act 1982 (Regulation 2).
The Regulations impose specific obligations on the parties or entities they govern. Firstly, they empower the Minister to issue orders concerning export controls, ensuring compliance with the broader legislative framework provided by the Act (Regulation 3). These orders must be issued in writing and must align with the existing regulations under the Act, ensuring a coherent and legally consistent approach to export control measures.
In terms of enforcement and compliance, the Regulations outline the consequences for non-compliance with orders made under these Regulations. If an order specifies that it is a penal provision, any failure to comply with such an order constitutes an offence. The penalties for such offences are outlined in Regulation 4(1), which stipulates fines ranging from 10 to 50 penalty units depending on the specified level of the penal provision. Notably, these offences are of strict liability, meaning that intent or negligence on the part of the offender is not required for conviction (Regulation 4(2)).
The penalties for breaches of the Regulations are set out in detail, with fines ranging from 10 penalty units for the lowest level to 50 penalty units for the highest level (Regulation 4(1)). Given that these offences are of strict liability (Regulation 4(2)), enforcement is straightforward, as the mere act of non-compliance can lead to legal consequences. The maximum penalties reflect the seriousness of the breaches and serve as a deterrent against non-compliance with export control orders.