Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L01306 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Secretary of the Department of Agriculture, Fisheries and Forestry

 

Export Control Act 2020

 

Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024

 

Legislative Authority

 

The Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 (the Amendment Rules) are made by the Secretary of the Department of Agriculture, Fisheries and Forestry (the department) under section 432 of the Export Control Act 2020 (the Act).

 

Section 432 of the Act relevantly provides that the Secretary of the department (the Secretary) may, by legislative instrument, make rules prescribing matters required or permitted by the Act, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

A number of provisions in the Act set the parameters of the Secretary’s rule-making power and either:

  • provide examples of the kinds of things for which the Secretary may make provision in the rules; or
  • set out the default matters for the provision and allow the Secretary to give further detail, or set out additional requirements, in the rules.

 

Under section 289 of the Act, the Minister may give directions to the Secretary about the performance of the Secretary’s functions or the exercise of the Secretary’s powers in making rules under section 432 of the Act. Directions made by the Minister to the Secretary are legislative instruments but are not subject to disallowance or sunsetting. At the time of commencement, a ministerial direction has not been made under section 289 of the Act for the purposes of rules relating to the export of goods.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

 

Purpose

 

The Amendment Rules amend the Export Control (Organic Goods) Rules 2021 (Organic Goods Rules) to refer to the latest version of the National Standard for Organic and Bio-Dynamic Produce (the National Organic Standard), published by the department, as in effect on the date of commencement.

 

 

 

 

Background

 

The National Organic Standard provides the requirements for the labelling of goods which either state or imply they have been produced under organic or bio-dynamic systems. It sets out technical standards in relation to production, processing, storage, transportation, labelling and importation of organic and bio-dynamic produce, and aligns with the requirements of Australia’s international trading partners. The National Standard is available on the department’s website.

 

Incorporating the most up to date version of the National Organic Standard, as in effect on the date of commencement of the Amendment Rules, will ensure that the rules remain fit for purpose and reflect the latest technical standards in relation to organic and bio-dynamic produce.

 

Impact and Effect

 

The current definition of the National Organic Standard refers to the version of the document that existed at the time of commencement of the Organic Goods Rules, that is 28 March 2021. The amendment updates this definition to refer to the National Organic Standard that exists at the time of commencement of the Amendment Rules. The Amendment Rules also update the website reference in the note.

 

Consultation

 

The department undertook public consultation on the amendments between January 2024 and March 2024 through the department’s ‘Have Your Say’ website.

 

The Office of Impact Analysis has advised that a regulation impact statement is not required as the proposal is unlikely to have a more than minor impact, as detailed in case OIA23-06144.

 

Details/ Operation

 

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Amendment Rules commence on the day after the instrument is registered on the Federal Register of Legislation.

 

Details of the Amendment Rules are set out in Attachment A.  

 

Other

 

The Amendment Rules are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full Statement of Compatibility with Human Rights is set out in Attachment B.

ATTACHMENT A

 

Details of the Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024

 

Section 1 – Name

 

This section provides that the name of the instrument is the Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 (the Amendment Rules).

 

Section 2 – Commencement

 

Subsection 2(1) provides that each provision of the Amendment Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Item 1 in the table provides that the whole of the instrument commences on the day after the Amendment Rules are registered.

 

The note below the table provides that the table relates only to the provision of the Amendment Rules as originally made. It would not be amended to deal with later amendments of the Amendment Rules. The purpose of this note is to clarify that the commencement of any later amendments is not reflected in this table.

 

Subsection 2(2) provides that any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

 

Section 3 – Authority

 

This section provides that the Amendment Rules are made under the Export Control Act 2020.

 

Section 4 – Schedules

 

This section provides for the amendment or repeal of instruments as set out in a Schedule to the Amendment Rules. This enables the amendment of the Export Control (Organic Goods) Rules 2021.

 

Schedule 1 – Amendments

 

Export Control (Organic Goods) Rules 2021

 

Item [1] – Section 1-6 (definition of National Organic Standard)

 

Section 1-6 of the Export Control (Organic Goods) Rules 2021 (Organic Goods Rules) provides definitions of terms used in the Organic Goods Rules. Section 1-6 of the Organic Goods Rules provides that National Organic Standard means the National Standard for Organic and Bio-Dynamic Produce, published by the Department, as that document exists at the commencement of this instrument.

 

Item 1 repeals and substitutes the definition of National Organic Standard in section 1-6 of the Organic Goods Rules. This item omits the words “this instrument” and substitutes the words “the Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024”. The definition as amended provides that the National Organic Standard means the National Standard for Organic and Bio-Dynamic Produce, published by the Department, as that document exists at the commencement of the Amendment Rules.

 

The purpose of this amendment is to ensure the references to the National Organic Standard in the Organic Goods Rules are updated to reflect the latest version of the National Standard for Organic and Bio-Dynamic Produce as it exists on commencement of the Amendment Rules.

 

The following provisions in the Organic Goods Rules refer to the National Organic Standard:

  • Subparagraph 2-12(f)(i) which provides that a matter that must be stated in an organic goods certificate is that the approved certifying body reasonably believes that export operations in relation to the organic goods have been carried out in accordance with the National Organic Standard;
  • Paragraph 2-13(a) which provides that a requirement for issuing an organic goods certificate is that export operations in relation to the organic goods have been carried out in accordance with the National Organic Standard;
  • Paragraph 2-15(b) which provides that there are reasonable grounds to suspect that operations to produce or prepare the organic goods for export have not been carried out in accordance with the National Organic Standard;
  • Paragraphs 2-16(a) and (b) which provide that circumstances for refusing to issue an organic goods certificate include that the applicant failed to provide sufficient evidence that export operations were carried out in accordance with the National Organic Standard or that compliance with the National Organic Standard is not sufficient to ensure that all relevant importing country requirements are met;
  • Paragraph 2-17(c) which provides that a change requiring the holder of the organic goods certificate to give additional or corrected information to the issuing body is that there are reasonable grounds to suspect that operations to produce or prepare the organic goods for export were not carried out in accordance with the National Organic Standard;
  • Section 2-18 which provides that circumstances for revoking an organic goods certificate are that export operations have not been carried out in accordance with the National Organic Standard or that compliance with the National Organic Standard has not ensured, or is ineffective in ensuring, that all relevant importing country requirements are met; and
  • Section 5-3 which provides that an approved arrangement must ensure that the requirements of the National Organic Standard are met in relation to export operations and the prescribed organic goods in relation to which those export operations are carried out.

 

The National Standard for Organic and Bio-Dynamic Produce is incorporated by reference in the form in which it exists on commencement of the Amendment Rules and not in the form in which it may exist from time to time. This approach is consistent with paragraph 14(1)(b) of the Legislation Act 2003.

 

Item 1 also repeals and substitutes the note to the definition of National Organic Standard in section 1-6 of the Organic Goods Rules. The note omits the word “2021” and substitutes the word “2024”. The item substitutes the website URL for the department by omitting “http://www.awe.gov.au” and substituting “http://www.agriculture.gov.au”.

 

This amendment has the effect that the note to the definition of National Organic Standard explains that the National Organic Standard could in 2024 be viewed on the Department’s website (http://www.agriculture.gov.au).

 

 


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 (the Legislative Instrument) is made under the Export Control Act 2020 (the Act) and amends the Export Control (Organic Goods) Rules 2021 (Organic Goods Rules) to update the reference to the National Organic Standard such that it incorporates a newer version of the Standard.

 

The current definition of the National Organic Standard refers to the version of the document that existed at the time of commencement of the Organic Goods Rules, that is 28 March 2021. The amendment updates this definition to refer to the National Organic Standard that exists at the time of commencement of the Amendment Rules. The amendments also update the website reference in the note.

 

The definition of the National Organic Standard is relevant to provisions in the Organic Goods Rules that relate to the matters that must be stated in an organic goods certificate, issuing, refusing to issue or revoking an organic goods certificate, and the conditions of an approved arrangement relating to organic goods certification operations.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Adam Phillip Fennessy PSM

Secretary of the Department of Agriculture, Fisheries and Forestry

Overview

The Export Control Act 2020 was enacted to provide a framework for the regulation of the export of goods from Australia. This Act addresses the need for a robust system to control the export of goods, ensuring compliance with both domestic and international standards, and facilitating trade while protecting national interests. The Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 were introduced by the Secretary of the Department of Agriculture, Fisheries and Forestry under section 432 of the Export Control Act 2020. The purpose of these rules is to update the reference to the National Organic Standard, ensuring that the rules incorporate the latest version of the standard as it exists on the commencement date of the Amendment Rules. This update aims to ensure that the rules remain current and effective in regulating the export of organic and bio-dynamic produce. The policy objective of these amendments is to maintain the integrity of Australia's organic produce export industry by aligning the regulatory framework with the most recent standards and practices.

Scope and Application

The Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 applies to entities involved in the export of organic and bio-dynamic goods, ensuring compliance with the latest version of the National Standard for Organic and Bio-Dynamic Produce. This Act operates on a national level, as it is issued under the Commonwealth's Export Control Act 2020. The rules are applicable to all businesses and individuals exporting organic and bio-dynamic produce from Australia, ensuring that their practices align with the latest standards as outlined in the National Organic Standard. The Amendment Rules are designed to update the definition of the National Organic Standard to reflect the most current version as it exists on the date of commencement, thereby maintaining the integrity and effectiveness of the organic certification process. The rules do not explicitly state any exclusions, but their application is contingent on the specific conduct or transactions related to the export of organic and bio-dynamic goods. Additionally, the scope of the rules can be extended or modified through subordinate instruments as necessary to ensure compliance with international standards and domestic regulations.

Key Provisions

The Export Control (Organic Goods) Amendment (National Organic Standard) Rules 2024 amends the Export Control (Organic Goods) Rules 2021 by updating the reference to the National Organic Standard to the latest version in effect on the date of commencement. Specifically, section 1-6 of the Organic Goods Rules, which defines the National Organic Standard, is updated to reflect the National Standard for Organic and Bio-Dynamic Produce as it exists on the date of commencement of the Amendment Rules (section 1-6(1) of Schedule 1). Additionally, the note to this definition is updated to include the current website reference for the Department of Agriculture, Fisheries and Forestry (section 1-6(2) of Schedule 1). These amendments ensure that the Organic Goods Rules remain aligned with the latest technical standards and reflect any updates to the National Organic Standard. The Amendment Rules impose obligations on parties and entities involved in the export of organic goods, particularly those who need to comply with the National Organic Standard. This includes ensuring that export operations are carried out in accordance with the latest version of the National Organic Standard, as referenced in the Organic Goods Rules. For example, when applying for an organic goods certificate, exporters must provide sufficient evidence that their operations comply with the National Organic Standard (section 2-13(a) of the Organic Goods Rules). Similarly, approved certifying bodies must reasonably believe that export operations comply with the National Organic Standard when issuing a certificate (section 2-12(f)(i) of the Organic Goods Rules). Furthermore, approved arrangements must ensure that the requirements of the National Organic Standard are met in relation to export operations (section 5-3 of the Organic Goods Rules). Failure to comply with the requirements of the National Organic Standard as updated by the Amendment Rules may result in various consequences under the Organic Goods Rules. For instance, if there are reasonable grounds to suspect that export operations were not carried out in accordance with the National Organic Standard, the holder of an organic goods certificate may be required to provide additional or corrected information (section 2-17(c) of the Organic Goods Rules). Additionally, an organic goods certificate may be refused or revoked if there is a failure to provide sufficient evidence of compliance with the National Organic Standard or if compliance does not meet all relevant importing country requirements (sections 2-16 and 2-18 of the Organic Goods Rules). However, the Amendment Rules themselves do not specify particular offences, penalties, or civil/criminal consequences for non-compliance with the National Organic Standard; these are outlined in the Export Control Act 2020 and the Organic Goods Rules.

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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.