EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture
Export Control Act 1982
Export Control (Orders) Regulations 1982
Export Control (Plants and Plant Products) Amendment (2014 Measures No.1) Order 2014
Legislative Authority
Section 3 of the Export Control Act 1982 (Act) defines prescribed goods as ‘goods, or goods included in a class of goods, that are declared by the (Export Control (Orders)
Regulations 1982) (Regulations) to be prescribed goods for the purposes of the Act’. Section 7 of the Act provides that the Regulations may prohibit the export of prescribed goods from Australia absolutely or to a specified place, or unless specified conditions or restrictions are complied with.
Regulation 3 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 under the Act.
The Export Control (Plants and Plant Products) Order 2011 (Order) is made under the Regulations and regulates the export of plants and plant products and, in particular, the conditions and restrictions on their export.
Purpose
The purpose of the Export Control (Plants and Plant Products) Amendment (2014 Measures No.1) Order 2014 (Amendment Order) is to:
- address concerns expressed by the Senate Standing Committee on Regulations and Ordinances (SSCRO) relating to notification of cancellation of container approvals and suspension or cancellation of vessel approvals (Report on the work of the committee in 2011-2012, Report no. 117)
- remove the Readers’ Guide from the Order to reflect current legislation drafting practice
- rectify typographical errors
- better reflect current operational practice.
Background
The Order regulates the export of plants and plant products that are declared to be prescribed goods under the Act. This includes prescribed grain, fresh fruits, fresh vegetables, hay and straw, and plants and plant products for which a phytosanitary or any other certificate is required by the importing country.
The Order sets the conditions and restrictions on the export of plants and plant products to ensure that these products are suitable, accurately described, appropriately certified where necessary and prepared according to a system that can be audited and meet Australia’s phytosanitary obligations under the International Plant Protection Convention and the requirements of the importing country.
Impact and Effect
The amendments are minor and technical in nature and are intended to make the Order clearer and improve on delivery of current policy. Amendments to sections 17, 28 and 38 of the Order provide flexibility for the Secretary of the Department of Agriculture (Department) to extend the period for a prescribed good, container or vessel approval to remain passed as compliant. This will reduce the burden of costs for the export industry and administrative burden for the Department associated with unnecessary reinspection and reissuance of approval for a good, container or vessel, if the export compliance requirements for the good, container or vessel have been met.
Consultation
Grain, plant and horticulture industries were consulted on the amendments through the Grain and Plant Products Export Industry Consultative Committee (GPPEICC) and the Horticulture Exports Industry Consultative Committee (HEICC) through 2013 and early 2014. The GPPEICC and the HEICC serve as the principal fora for the Department to consult with grain, plant and horticulture industries on export inspection and certification and other relevant issues. The GPPEICC did not raise any concerns regarding the amendments. The HEICC is largely unaffected by these amendments.
The GPPEICC includes representatives of:
- Australian Fodder Industry Association
- Australian Forest Products Association
- Australian Grain Exporters’ Association
- Australian Mungbean Association
- Australian Nut Industry Council
- Australian Oilseed Federation
- Australian Seed Federation
- Pulse Australia
- Ricegrowers’ Association of Australia
- Grain Growers Ltd
- Grain Producers Australia Ltd
- Grain Trade Australia Ltd
- Eastern region bulk handlers and port operators
- Southern region bulk handlers and port operators
- Western region bulk handlers and port operators.
The HEICC membership includes representatives of:
- Apple and Pear Australia Ltd
- Australia Cherry Growers
- Australian Horticultural Exporters’ Association
- Australian Mango Industry Association
- Nursery & Garden Industry Australia
- Summerfruit Australia Ltd
- Australian Table Grape Association
- AUSVEG
- Citrus Australia Ltd
The Office of Best Practice Regulation (OBPR) has advised that the amendments have minor and machinery impacts and therefore a Regulation Impact Statement is not required (OBPR Reference Number 14328).
The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Order is 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 is set out at Attachment A.
Details of the Amendment Order
Section 1 - Name of Order
This section provides that the name of the Amendment Order is the Export Control (Plants and Plant Products) Amendment (2014 Measures No. 1) Order 2014.
Section 2 – Commencement
This section provides for the Amendment Order to commence on 1 May 2014.
Section 3 – Authority
This section provides that the Amendment Order is made under the Export Control (Orders) Regulations 1982.
Section 4 - Schedule(s)
This section provides for each instrument specified in a Schedule to the Amendment Order to be amended or repealed as specified in the Schedule concerned, and any other item in a Schedule to this Amendment Order to have effect according to its terms.
Schedule 1 - Amendments
Item 1 repeals the Reader’s guide in the Order.
The purpose of this amendment is to align the Order with current legislation drafting practice which is for readers’ guides to be provided outside the legislation itself.
Item 2 repeals the definition of ‘master’ in subsection 5.1 of the Order and substitutes it with a new definition of ‘master’.
The purpose of the amendment is to redefine ‘master’ as its use in the Order relates only to the person who has command of, or is in charge of, a bulk vessel.
Item 3 inserts a new definition of ‘prescribed goods for consumption’ in subsection 5.1 of the Order which provides that prescribed goods for consumption means any prescribed goods that may be consumed by humans or livestock either with or without further processing.
The purpose of the definition is to make it clear that prescribed goods for consumption are goods that are to be consumed by animals or humans. When prescribed goods for consumption are exported in bulk vessels they are subject to stricter controls to meet importing country requirements than prescribed goods that are not for consumption.
Item 4 amends the definition of ‘re-export phytosanitary certificate’ in subsection 5.1 of the Order by substituting the words ‘a importing country’ with ‘an importing country’.
The purpose of the amendment is to correct a typographical error.
Item 5 repeals paragraph 6.1(n) of the Order and substitutes it with a new paragraph 6.1(n) containing a new definition of ‘whole vetch’. The amended definition provides that ‘whole
vetch’ means ‘seed (whole or broken) of Vicia sativa, but not including split seed of
Vicia sativa’.
The purpose of the amendment is to provide clarity for distinguishing a consignment of split vetch from a consignment of whole vetch containing broken seeds. The export of split vetch is prohibited under section 8 of the Order. However, whole vetch containing broken seeds should not be regarded as split vetch and subject to the prohibition under section 8 of the Order.
Item 6 inserts a new note at the end of subsection 6.1 of the Order. The note clarifies that for paragraphs 6.1(l) and 6.1(n) of the Order, split vetch seeds are a particular form of vetch seeds which are not the same as whole vetch seeds that have been broken, for example in the course of harvesting or transport.
The purpose of the amendment is as per item 5 above.
Item 7 adds new subsections 17.4, 17.5 and 17.6 at the end of section 17 of the Order which provide for the authorised officer to specify one or more additional periods during which the prescribed goods may remain export compliant, based on a determination of the Secretary of the length of any additional periods.
New subsection 17.4 provides that the authorised officer may specify one or more additional periods during which goods may be passed as export compliant. In specifying one or more periods in addition to the initial period of 28 days in which the goods may remain passed as export compliant, the authorised officer must not exceed the period specified by the Secretary under subsection 17.5.
New subsection 17.5 provides that the Secretary must determine in writing the length of any additional period for which the goods may remain passed as export compliant. The Secretary may determine different lengths for different additional periods. It is intended that this determination is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
New subsection 17.6 provides that if the authorised officer specifies one or more periods during which the goods may remain passed as export compliant, the authorised officer must:
- specify the first additional period before the end of the period specified under paragraph 17.3(a), which is 28 days and
- any further additional period before the end of the last period specified by the authorised officer.
The new subsection provides that the authorised officer must make a record of each additional period in an approved way. An ‘approved’ way is one that is approved by the Secretary.
The purpose of the new subsections is to provide flexibility for inspection of prescribed goods by providing for the authorised officer to extend the period for prescribed goods to remain passed as export compliant. This will reduce the burden of costs for export industry and administrative burden for the Department associated with unnecessary recertification and reissuance of approvals for goods, if the export compliance requirements for the goods continue to be met.
Item 8 amends paragraph 18(c) of the Order by inserting a comma and the words ‘or an additional period specified under subsection 17.4’ after the words ‘paragraph 17.3(a)’.
The purpose of the amendment is to serve as a consequential amendment to reflect the addition of subsection 17.4 by item 7 above.
Item 9 substitutes the word ‘packing’ in paragraph 25.1(b) of the Order with ‘packing.’.
The purpose of the amendment is to correct a typographical error.
Item 10 substitutes the words ‘has given’ in section 26 of the Order with ‘has issued’.
The purpose of the amendment is to use consistent wording to reflect that a container approval is issued, not given, by the authorised officer.
Item 11 substitutes subsection 27.1 of the Order with a new subsection which provides that an authorised officer must inspect the container in accordance with Schedule 4 to the Order for the purpose of considering whether to issue a container approval.
The purpose of the amendment is to reflect operational practice and remove the requirement for an authorised officer to inspect a container on receiving a request for the container approval. This is because a formal request from an exporter or owner is not necessary for a container to be inspected in anticipation of being packed. An authorised officer may be engaged to inspect containers in a registered establishment on a routine basis, without having to receive a formal request.
Item 12 substitutes the words ‘must give a written container approval’ in subsection 27.2 of the Order with ‘must issue a container approval to the person intending to load prescribed goods intended for export into the container’.
The purpose of the amendment is to clarify that a container approval is issued, not given, to the person who will load prescribed goods intended for export.
Item 13 substitutes sections 28, 29 and 30 of the Order with new sections relating to container approvals. They provide for a container approval to be valid for 90 days and extensions of periods for which container approvals are valid. They also clarify the processes to be followed if an authorised officer cancels a container approval and the processes to be followed for the surrender of a container approval.
The purpose of these amendments is to provide flexibility for the Secretary to extend the period of container approval and to reflect operational practice.
New sections 29 and 30 retain the intent of previous sections 29 and 30 and clarify that each person who is issued a paper version of the container approval and any copies, must surrender them as soon as practicable after being notified of the cancellation. This addresses the SSCRO’s concern on the uncertainty in the wording of the previous section 30.
New section 28
New subsection 28.1 extends the time from 28 days to 90 days for which a container approval is valid.
New subsection 28.2 provides that the authorised officer may specify one or more periods during which the container approval is valid, as long as any additional periods do not exceed the period determined by the Secretary under subsection 28.3.
New subsection 28.3 provides that the Secretary must determine in writing the length of any additional periods for which the container may remain export compliant. The amendment provides flexibility for the Secretary to extend the period beyond the initial 90 days, and additional periods may be of different lengths. It is intended that this determination is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
New subsection 28.4 provides that if the authorised officer specifies any additional periods for which the container approval is valid, he/she must specify the first additional period before the end of the 90 day period specified in subsection 28.1 of the Order, and any further additional periods before the end of the last period that he/she has specified. The authorised officer must make a record of each additional period in a way approved by the Secretary.
The amendments to section 28 provide flexibility for extension of periods for which a container approval is valid, and are intended to provide clarity to the legislation and improve on delivery of current policy. This will reduce the burden of costs for export industry and administrative burden for the Department associated with unnecessary recertification of containers and reissuance of approvals if the approval requirements for the containers have been met and have not changed.
New section 29
New section 29 provides that if an authorised officer believes that the conditions of the container have changed since the container approval was issued, the authorised officer may cancel the approval. The authorised officer must notify the person to whom the approval was issued and any other person to whom a paper version of the approval was given, as soon as practicable.
New section 30
New section 30 provides that if a container approval is cancelled, any person to whom a paper version of the approval was given must surrender it and any copy in their possession to an authorised officer as soon as practicable after being notified of the cancellation. New section 30 retains the level 4 penal provision of previous section 30.
New section 30 addresses concerns raised by the SSCRO about uncertainty in relation to when a cancelled approval must be surrendered, by removing the wording ‘forthwith surrender’ used in previous section 30.
Item 14 substitutes the words ‘The shipowner’ in section 32 of the Order with ‘If a bulk vessel is intended to carry prescribed goods for consumption, the shipowner’.
The purpose of the amendment is to clarify that the shipowner or agent in relation to a bulk vessel intended to carry prescribed goods for consumption, must provide a declaration that a marine surveyor has been appointed to survey the vessel to establish whether the vessel is suitable to carry prescribed goods for consumption. This reflects operational practice whereby a survey of a bulk vessel is necessary only if the vessel is intended to carry prescribed goods for consumption by humans or animals.
Item 15 inserts the words ‘for consumption’ after ‘prescribed goods’ in subsection 33.1 of the Order, which confirms that surveys of vessels are required only for vessels which are to carry prescribed goods for consumption.
The purpose of the amendment is to reflect operational practice whereby a survey of a bulk vessel is necessary only if the vessel is intended to carry prescribed goods for consumption by humans or animals.
Items 16 and 17 substitute the word ‘goods’ in paragraphs 33.2(a) and 33.2(b) of the Order with ‘prescribed goods for consumption’.
The amendments are consequential to the amendment being made by item 15.
Item 18 substitutes the words ‘has been given’ in section 35 of the Order with ‘has been issued’.
The purpose of the amendment is to reflect that a vessel approval is issued not given, to the person who makes the application.
Item 19 substitutes section 36 of the Order with a new section 36 which provides that an application for approval to load a bulk vessel must be in a form approved by the Secretary.
The purpose of the amendment is to remove the overly prescriptive requirements for a vessel application approval as provided under the previous section 36. It provides flexibility to request information that is necessary in order to issue a vessel approval, in a form approved by the Secretary.
Item 20 substitutes paragraph 37.1(a) of the Order with a new paragraph 37.1(a) which requires that on receiving an application for a vessel approval, an authorised officer will ascertain if a certificate for a vessel approval has been issued by a marine surveyor for a vessel which is to carry prescribed goods for consumption.
The purpose of the amendment is to clarify the process which the authorised officer will initiate prior to issuing an approval for a bulk vessel. This distinguishes the processes to be followed if a vessel is to carry prescribed goods from the processes required if the bulk vessel is to carry prescribed goods for consumption by humans or animals.
Item 21 substitutes the words ‘must give a vessel approval’ in section 37.2 of the Order with ‘must issue a vessel approval to the person who made the application’.
The purpose of the amendment is to reflect that a vessel approval is issued, not given, to the person who makes application.
Item 22 substitutes sections 38, 39 and 40 of the Order with new sections relating to vessel approvals, and adds a new section 40A. They provide for extensions of periods for which a vessel approval is valid, and outline the processes to be followed if the authorised officer extends the period if a vessel approval, or suspends, revokes the suspension or cancels a vessel approval.
The purpose of these amendments is to provide flexibility for the Secretary to extend the period of a vessel approval and to reflect operational practice.
New section 38
New subsection 38.1 replicates previous section 38 of the Order which states that a vessel approval is valid for 28 days after the day on which it is issued.
New subsection 38.2 provides that the authorised officer may specify one or more periods during which the vessel approval is valid, as long as any additional periods do not exceed the period determined by the Secretary under subsection 38.3.
New subsection 38.3 provides that the Secretary must determine in writing the length of any additional periods for which the vessel may remain export compliant. The amendment provides flexibility for the Secretary to extend the period beyond the initial 28 days, and additional periods may be of different lengths. It is intended that this determination is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
New subsection 38.4 provides that if the authorised officer specifies any additional periods for which the vessel approval is valid, he/she must specify the first additional period before the end of the 28 day period specified in subsection 38.1, and any further additional periods before the end of the last period that he/she has specified. The authorised officer must make a record of each additional period in a way that is approved by the Secretary.
The amendments are intended to make the legislation clearer and improve operational efficiency without compromising the export compliance of the vessel. They provide flexibility for the Secretary to extend the period of vessel approval, and will reduce the administrative burden associated with unnecessary recertification and reissuance of approvals for vessels if the vessels remain in compliance with conditions and restrictions specified in the Order.
New section 39
New subsection 39.1 provides that if an authorised officer believes that the conditions on the vessel have changed since the vessel approval was issued, the authorised officer may suspend the approval. The authorised officer must notify the person to whom the approval was issued and any other person to whom a paper version of the approval was given, as soon as practicable, that the approval has been suspended.
New subsection 39.2 provides that if a vessel approval is suspended, an authorised officer may inspect the vessel.
New subsection 39.3 provides that if a vessel approval is suspended, each person to whom a paper version of the approval was given must surrender the paper version and any copy in his or her possession to an authorised officer as soon as practicable after being notified of the suspension. It carries the level 4 penal provision of previous subsection 39.3.
The purpose of these amendments is to address concerns raised by the SSCRO on the uncertainty reflected in the wording ‘forthwith surrender’ as used in previous section 39 and to reflect operational practice.
New section 40
New section 40 provides that if an authorised officer is satisfied that the suspension of a vessel approval is no longer justified, whether or not the authorised officer has inspected the vessel, the authorised officer must revoke the suspension as soon as practicable.
The authorised officer must notify the person to whom the approval was issued and any other person to whom a paper version of the approval was given, as soon as practicable after revoking the suspension, that the suspension has been revoked. It also provides that the authorised officer must return a paper version of the approval to any person who has surrendered it under subsection 39.3.
The purpose of new section 40 is to provide clarity for the process of revoking suspension of a vessel approval.
New section 40A
New section 40A provides that if an authorised officer inspects a vessel for which a vessel approval has been suspended and is satisfied that conditions on the vessel have not been rectified, the authorised officer must cancel the vessel approval.
The authorised officer must notify the person to whom the approval was issued and any other person to whom a paper version of the approval was given, as soon as practicable after cancelling the approval, that the approval has been cancelled. In determining if the conditions on the vessel have changed since the vessel approval was issued, the authorised officer must have regard to the conditions specified under subsection 39.1 of the Order. Cancellation of a vessel approval may occur only after the vessel approval has been suspended and the vessel has been inspected under subsection 39.2.
The purpose of new section 40A is to make clear the process of cancelling a vessel approval and to be consistent with the process for suspending or revoking a vessel approval under sections 39 and 40.
Item 23 substitutes the words ‘experience perform’ in paragraph 45.5(b) of the Order with ‘experience to perform’.
The purpose of the amendment is to correct a typographical error.
Item 24 substitutes subsection 48.2 of the Order with a new subsection 48.2.
The purpose of the new subsection is to clarify that the authorised officer may alter details in a certificate or permit if that authorised officer is satisfied that the details in the certificate have changed otherwise than in a way which may affect the issuing of the certificate or permit. New subsection retains the level 2 penal provision of previous subsection 48.2.
Items 25 and 26 substitute the word ‘goods’ in paragraph 1.1(b) and subclause 1.2 of Schedule 1 to the Order with ‘goods for consumption’.
The amendments are consequential to the amendment to subsection 33.1 of the Order which reflects operational practice whereby a survey of a bulk vessel is only necessary if the vessel is intended to carry prescribed goods for consumption.
Item 27 substitutes clause 4 of Schedule 2 to the Order with a new clause 4. New subclause 4.1 provides that clause 4 applies if prescribed goods have been rejected for reasons that will respond to treatment. New subclause 4.2 provides that if there is an approved method of treating the goods, the goods must not be re-presented for inspection unless they have been treated using an approved method. New subclause 4.3 provides that if there is no approved method of treating the goods, the goods must not be re-presented for inspection unless they have been treated.
The purpose of the amendments is to remove the prescriptive requirement in previous clause 4 that an authorised officer must order treatment for the purpose of re-presentation for inspection. This is unnecessary if the owner of the rejected goods chooses to abandon the export of the rejected goods and not treat them for re-presentation. It also provides that if the goods are to be re-presented for inspection, there is flexibility to use treatment methods approved by the Secretary which may vary as alternative and innovative treatments become available.
Item 28 substitutes the words ‘2.25 L’ in clause 6 of Schedule 2 to the Order with ‘2.25 litres’.
The purpose of the amendment is to provide clarity by replacing the symbol for the unit of volume, L, with the non-abbreviated expression, litre.
Item 29 substitutes the words ‘33.33 t’ in clause 6 of Schedule 2 to the Order with ‘33.33 tonnes’.
The purpose of the amendment is to provide clarity by replacing the symbol for the unit of mass, t, with the non-abbreviated expression, tonne.
Item 30 substitutes subclause 12.1 of Schedule 2 to the Order with a new subclause. New subclause 12.1 provides that subject to subclause 12.2 of Schedule 2, re-inspection of a consignment is not required until the end of the period during which the prescribed goods are passed as export compliant. The note to subclause 12.1 refers to section 17 of the Order to explain this period.
The purpose of the amendment is consequential to the addition of subsection 17.4 and amendment to paragraph 18(c), as described in Items 7 and 8.
Item 31 substitutes clauses 13 and 14 of part 4 of Schedule 2 to the Order with new clauses.
New subclause 13.1 provides that if prescribed goods have an insect infestation, they must be treated using a method that is approved by the Secretary.
The note to new subsection 13.1 clarifies that each method will be appropriate to the prescribed goods, the insect and the degree of infestation. A particular approved method may include treatment with an insecticide, fumigation, or use of a controlled atmosphere.
New subclause 13.2 provides that the Secretary must not approve a method of treatment unless the Secretary is satisfied that:
- the insecticide, fumigant or other product is registered for that use under a law of the Commonwealth, a state or a territory or
- registration under such a law is not required.
The purpose of the amendments is to provide flexibility in treatment options, allowing for approved methods which include products which may not require registration under a law of the Commonwealth, a state or a territory.
This allows for developments and innovation in treatment products and processes, provided that they have been approved by the Secretary.
New subclause 14.1 provides that an insecticide, fumigant or another product that is used on prescribed goods as part of an approved method under clause 13 must be:
- used in accordance with its registered label (if a registered label is required)
- acceptable to the importing country and
- approved by the exporter.
New subclause 14.2 provides that any goods that have been treated as part of an approved method under clause 13 must not be presented, or re-presented, for inspection until the treatment has been completed. The inserted note clarifies that an approved method may include an airing period or other safety precaution which is to be followed after the goods have been treated (e.g. for work health and safety reasons).
The purpose of the amendments is to provide flexibility for the use of treatment options and innovative treatments as they become available and which are approved by the Secretary, including insecticides, fumigants, controlled atmosphere or other treatment methods suitably targeted at the control or eradication of pests. The amendments also require that the approved treatment has been completed before the goods are re-presented for approval.
Item 32 substitutes clause 5 of Schedule 4 to the Order with a new clause 5 requiring that a container must be rejected and ordered to be treated using an approved method if live insects of the Trogoderma species are found in inside (such as Khapra beetle (Trogoderma granarium) one of the world’s most destructive pests of grain products and seeds).
The purpose of the amendment is to redraft clause 5 for clarity and to remove previous subclause 5.2 as it is superfluous.
Item 33 substitutes the words ‘the information’ in subclause 4.1 of Schedule 5 to the Order with ‘all information’.
The purpose of the amendment is to clarify that an authorised officer must obtain all information required to assess suitability of the vessel for loading of prescribed goods.
Item 34 substitutes subclauses 5.2 and 5.3 of Schedule 5 to the Order with new subclause 5.2 which provides that if the authorised officer believes that assistance or equipment is required to safely inspect an area in the hold that would otherwise be inaccessible, the master of a bulk vessel must make available sufficient crew and all equipment to allow the authorised officer to inspect the area safely.
The purpose of the amendment is to combine the two subclauses into one subclause for clarity.
Item 35 inserts a new clause 10 at the end of Schedule 5 to the Order which provides that a bulk vessel must be rejected and ordered to be treated using an approved method if live insects of the Trogoderma species are found in the vessel (such as Khapra beetle (Trogoderma granarium)).
An approved method of treatment, as defined in clauses 13 and 14 of Schedule 2, is one which the Secretary approves as meeting registration requirements under a law of the Commonwealth, state or territory, unless registration is not required; is used in accordance with the registered label if a registered label is required; is acceptable to the importing country; and is approved by the exporter.
The purpose of new clause 10 is to reflect operational practice. It also aligns with provisions under clause 5 of Schedule 4 to the Order (as amended by item 32) for the treatment of containers found with live Trogoderma spp.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Control (Plants and Plant Products) Amendment (2014 Measures No.1) Order 2014
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
This Legislative Instrument amends the Export Control (Plants and Plant Products) Order 2011 to meet the requirements as set out by the Senate Standing Committee on Regulations and Ordinances, address consistency issues to better reflect operational policy and practice, rectify typographical errors and remove the Reader’s guide in line with current legislation drafting practice.
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 because, to the extent that it may limit human rights, these limitations are reasonable, necessary and proportionate to achieve legitimate objectives.
The Hon. Barnaby Joyce MP
Minister for Agriculture