EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1)
Subsection 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 or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
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 (“the Regulations”) 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.
Section 3 of the Act defines “prescribed goods” as goods, or goods included in a class of goods, that are declared by the 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 or to a specified place unless conditions or restrictions are complied with.
The purpose of the Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1) (“the Amendment Orders”) is to make amendments to certain provisions of the Export Control Plants and Plant Products) Orders 2005 ("the Principal Orders") which are consequential upon the enactment of the Export Control (Prescribed Goods - General) Order 2005 ("the new Prescribed Goods Orders") which repeal the Prescribed Goods (General) Orders 1985 ("the old Prescribed Goods Orders"). In particular the Amendment Orders substitute references to the old Prescribed Goods Orders with the new Prescribed Goods Orders.
Consultation was not undertaken for the making of the Amendment Orders because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. For the same reason, the Office of Regulation Review advised that a regulation impact statement is not required.
Details of the Amendment Orders are set out below:
Order 1
This order provides that the name of the Amendment Orders is the Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1).
Order 2
This order provides that the Amendment Orders commence on 1 July 2005.
Order 3
This order provides that Schedule 1 amends the Principal Orders.
Schedule 1 – Amendments
Items 1 to 11
These items replace references to the old Prescribed Goods Orders with references to the new Prescribed Goods Orders.
Item 12
This item corrects a typographical error by including '1' in the subparagraph.
Overview
The Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1) were enacted to amend certain provisions of the Export Control (Plants and Plant Products) Orders 2005, following the introduction of the Export Control (Prescribed Goods - General) Order 2005. These amendment orders, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, primarily serve to update references from the old Prescribed Goods (General) Orders 1985 to the new Prescribed Goods Orders, ensuring consistency and alignment with the updated regulatory framework. The Australian Government, through the Parliament, authorised these amendments to maintain the integrity and effectiveness of the export control mechanisms for plants and plant products. The policy objective is to ensure that the export control regulations remain current and accurately reflect the most recent legislative changes, thereby protecting Australia's biosecurity and trade interests.
Scope and Application
The Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1) amends the Export Control (Plants and Plant Products) Orders 2005, reflecting the repeal of the Prescribed Goods (General) Orders 1985 and their replacement with the Export Control (Prescribed Goods - General) Order 2005. The Amendment Orders apply to entities and individuals involved in the export of plants and plant products from Australia, ensuring that references in the Principal Orders are updated to align with the new regulatory framework. These amendments are of a technical nature and do not alter the substantive requirements or obligations under the Act. The scope of these changes is confined to the substitution of references, and thus, they do not extend the application or impose new restrictions beyond those already established by the existing regulations and orders. The Amendment Orders commence on 1 July 2005, and they do not introduce any new exclusions or exemptions from the existing regulatory requirements. Any further specification or detailing of the application of these orders may be provided through subordinate instruments made under the authority of the Export Control Act 1982.
Key Provisions
The Export Control (Plants and Plant Products) Amendment Orders 2005 (No. 1) provide amendments to the Export Control (Plants and Plant Products) Orders 2005, primarily by substituting references to the old Prescribed Goods (General) Orders 1985 with the new Export Control (Prescribed Goods - General) Order 2005. This is done to ensure that the Principal Orders remain consistent with the updated Prescribed Goods Orders (Order 1, Order 2, Schedule 1, Items 1 to 11). Additionally, the Amendment Orders correct a typographical error in the Principal Orders by including the numeral '1' in the relevant subparagraph (Schedule 1, Item 12).
The Amendment Orders impose several obligations on parties subject to the Export Control Act 1982. They require compliance with the updated references to the new Prescribed Goods Orders, ensuring that any export of plants and plant products adheres to the regulations outlined in these orders (Section 3, Section 7). This includes ensuring that exports comply with any specified conditions or restrictions on the export of prescribed goods, which may now be referenced differently due to the Amendment Orders.
Failure to comply with the provisions of the Export Control Act 1982 or the regulations made under it, including the Amendment Orders, may result in civil or criminal penalties. The Act provides for fines and imprisonment for breaches, though specific penalties are not detailed within the Amendment Orders themselves. The nature and severity of penalties would be determined by the particular circumstances of the breach, in accordance with the overarching provisions of the Export Control Act 1982.