Explanatory Statement
Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources
Export Control Act 1982
Export Control (Prescribed Goods — General) Amendment (European Union Mark)
Order 2017
Legislative Authority
The Governor-General may make regulations under section 25 of the Export Control Act 1982 (the Act). Under regulation 3 of the Export Control (Orders) Regulations 1982 the Minister may 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.
Purpose
The purpose of the Export Control (Prescribed Goods — General) Amendment (European Union Mark) Order 2017 (amendment Order) is to allow a new small computer generated mark size for the European Union mark to be used on export products to the European Union. The new computer generated mark size is designed to fit on carcase tags and multilingual labels used on export products. The intention of this mark is to identify products as eligible for export to the European Union.
Background
Section 13.15 of the Export Control (Prescribed Goods – General) Order 2005 (Order) prescribes the size and design of the European Union mark for products being exported to the European Union. The current provisions for the European Union mark do not provide for smaller computer generated marks on products that have limited space.
Currently to use a computer-generated mark for exports to the European Union, exporters must apply for an exemption from the requirement to comply with section 13.15 of the Order, under section 3.02 of the Order.
Impact and Effect
The official mark prescribed under subsection 13.15(2) of the order identifies products that are eligible for export to the European Union. The inclusion of a computer-generated mark will allow a smaller version of the mark to be applied to products. The smaller mark can be applied to multilingual labels and carcase tags used to export product to the European Union. A computer-generated mark is already accepted industry practice. By incorporating the requirement into legislation permits industry to export product using the prescribed mark without applying to the department for permission on a regular basis to use a computer-generated mark for exports to the European Union.
Consultation
In July 2016, the Department of Agriculture and Water Resources (the department) discussed official marks requirements at the Export Meat Industry Advisory Committee (EMIA Committee). Members of the EMIA Committee include, but are not limited to the Australian Meat Industry Council, Teys Australia Pty Ltd and JBS Australia Pty Ltd. At the EMIA Committee meeting, the department agreed to industry requests that the Secretary (or delegate) will consider each application for an exemption from the obligation to comply with the current official mark dimensions provided for by the Orders. The exemption power is exercised on the merit of each application. If granted, the written instrument will provide for an official mark fitting the dimensions of the computer-generated mark to be applied to multilingual labels and carcase tags until the order is amended.
The Office of Best Practice Regulation was consulted in the preparation of this order. The proposed changes were identified as minor and a regulatory impact statement does not need to be prepared (ID 18060).
Details/ Operation
Details of the amendment Order are set out in Attachment A.
Other
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 in Attachment B.
The amendment Order is a legislative instrument for the purposes of the Legislation Act 2003.
Attachment A
Details of the Export Control (Prescribed Goods — General) Amendment (European Union Mark) Order 2017
Section 1 – Name
This section provides that the name of this instrument is the Export Control (Prescribed Goods—General) Amendment (European Union Mark) Order 2017 (amendment Order).
Section 2 – Commencement
This section provides that the amendment Order commences the day after registration.
Section 3 – Authority
This section provides that the amendment Order is made under regulation 3 of the Export Control (Orders) Regulations 1982.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Item 1
Item 1 amends subsection 13.15(2) of the Export Control (Prescribed Goods —General) Order 2005 to add a new column 4 which prescribes the size for computer generated marks on products exported to the European Union.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Control (Prescribed Goods — General) Amendment (European Union mark) Order 2017
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 purpose of the Export Control (Prescribed Goods — General) Amendment (European Union mark) Order 2017 (amendment Order) is to prescribe the size of a computer generated mark to be applied on multilingual labels used to export products to the European Union.
Human rights implications
This amendment Order does not engage any of the applicable rights or freedoms.
Conclusion
The measures in the amendment Order are 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 as the Order does not engage any human rights issues.
The Hon. Barnaby Joyce MP
Deputy Prime Minister and Minister for Agriculture and Water Resources