EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Plants and Plant Products) Amendment Orders 2006 (No.1)
Section 3 of the Export Control Act 1982 (‘the Act’) defines ‘prescribed goods’ to mean 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.
Subsection 25(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or for giving effect to the Act. The matters that the regulations may make provision for include:
- under paragraph 25(2)(f) of the Act, the prescribing of penalties not exceeding 50 penalty units for offences against the regulations; and
- under paragraph 25(2)(g) of the Act, subject to subsection 25(3) of the Act, 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.
Subsection 25(3) of the Act states that an order shall not be made prescribing any penalty for an offence.
Regulation 3 of the Export Control (Orders) Regulations 1982 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 made under the Act.
The Export Control (Plants and Plant Product) Orders 2005 (‘the Principal Orders’) regulate the export of plants and plant products that are prescribed goods.
The purpose of the Export Control (Plants and Plant Products) Amendment Orders 2006 (No.1) is to amend the Principal Orders to insert a new suborder 46.1A to clarify that the export of prescribed goods is prohibited unless an export permit for the export of the goods is in force.
No consultation has occurred because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.
The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Orders are set out below:
Order 1
1. This order provides that the name of these Orders is the Export Control (Plants and Plant Products) Amendment Orders 2006 (No. 1).
Order 2
2. This order provides that these Orders commence on the day after they are registered.
Order 3
3. This order provides that Schedule 1 amends the Export Control (Plants and Plant Products) Orders 2005.
Schedule 1 Amendments
[1] After suborder 46.1
This amendment clarifies the position that the export of prescribed goods is prohibited unless there is a valid export permit in force.
Overview
The Export Control (Plants and Plant Products) Amendment Orders 2006 (No.1) were introduced to amend the Export Control (Plants and Plant Products) Orders 2005, specifically to address a gap in the regulatory framework concerning the export of prescribed goods. Enacted under the authority of the Minister for Agriculture, Fisheries and Forestry, these Amendment Orders were formulated to ensure that the export of plants and plant products, classified as prescribed goods under the Export Control Act 1982, is explicitly prohibited unless an export permit is in force. This legislative measure was necessary to provide clarity and strengthen the control mechanisms over the export of such goods, ensuring compliance with the regulatory intent of the Act. The policy objective is to safeguard Australia's plant and plant product resources by controlling their exportation, thus preventing potential environmental and biosecurity risks.
The Amendment Orders were developed as a legislative instrument under the Legislative Instruments Act 2003, with no consultation required due to their minor and machinery nature, which do not substantially alter existing arrangements. These orders aim to enhance the clarity and effectiveness of the regulatory framework governing the export of prescribed goods, ensuring that all exports are conducted under the proper regulatory oversight.
Scope and Application
The Export Control (Plants and Plant Products) Amendment Orders 2006 (No. 1) apply to the export of plants and plant products that are classified as prescribed goods under the Export Control Act 1982. These Orders amend the existing Export Control (Plants and Plant Products) Orders 2005 to insert a new suborder 46.1A, which explicitly states that the export of these prescribed goods is prohibited unless an export permit is in force. The Act applies to individuals and entities involved in the export of these goods, and the regulations have a national reach, operating within the Commonwealth of Australia. The Orders aim to ensure that exports comply with the necessary regulatory requirements, including the acquisition of appropriate export permits, thereby enforcing control over the movement of potentially harmful plant and plant products out of the country. The Orders themselves do not specify any exclusions or exemptions, but the broader Act and its regulations may provide for certain exceptions or thresholds based on the nature and volume of the goods being exported. Subordinate instruments, such as the Export Control (Orders) Regulations 1982, may further define the specific conditions and restrictions applicable to the export of these goods.
Key Provisions
The Export Control (Plants and Plant Products) Amendment Orders 2006 (No.1) fundamentally alter the regulatory framework surrounding the export of prescribed goods under the Export Control Act 1982. Specifically, these Amendment Orders introduce a new suborder 46.1A to the Export Control (Plants and Plant Products) Orders 2005, ensuring that the export of prescribed goods is prohibited unless a valid export permit is in effect. This amendment aims to tighten the control over the export of plants and plant products, making it clear that an export permit is a prerequisite for lawful export activities in this domain (Order 3, Schedule 1 Amendment [1]).
The obligations imposed by these Amendment Orders are primarily focused on ensuring compliance with the stipulations regarding the export of prescribed goods. Entities and individuals involved in the export of plants and plant products must now ensure that they possess a valid export permit before any export can take place. This requirement is designed to maintain the integrity of Australia's plant biosecurity and prevent the spread of pests and diseases through the unregulated movement of plant materials (Section 7 of the Act). This obligation extends to all parties involved in the export chain, including producers, exporters, and any intermediaries, who must verify the presence and validity of an export permit as a condition of lawful export.
Failure to comply with the requirements of these Amendment Orders can result in significant legal consequences. While the Amendment Orders themselves do not prescribe specific penalties, breaches of the underlying Export Control Act 1982 can attract penalties. Under subsection 25(2)(f) of the Act, the Governor-General may make regulations prescribing penalties for offences against the regulations, with the maximum penalty not exceeding 50 penalty units. Additionally, any failure to comply with the conditions of an export permit or any other provision of the Act can result in civil or criminal penalties as prescribed by the Act, which could include fines or imprisonment depending on the severity and intent behind the breach (Section 7 of the Act).