Export Control (Prescribed Goods—General) Amendment (European Union Mark) Order 2017

Administered by Department of Agriculture

Legislation au F2018L00022 Not in force Legislative Instrument

Legislation content

 

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

 

 

 

 

 

Overview

The Export Control (Prescribed Goods — General) Amendment (European Union Mark) Order 2017, enacted by the Governor-General under the Export Control Act 1982, addresses the need for a new, smaller computer-generated mark size for the European Union mark on export products, specifically fitting carcase tags and multilingual labels. This amendment was necessary as the current provisions under the Export Control (Prescribed Goods – General) Order 2005 did not accommodate smaller marks for products with limited space. The Order was developed in response to industry requests made during discussions at the Export Meat Industry Advisory Committee in July 2016. It aims to streamline the export process by eliminating the need for exporters to regularly seek exemptions for using smaller computer-generated marks, thereby facilitating compliance with EU export requirements. The amendment was introduced to facilitate the inclusion of a smaller version of the European Union mark on products exported to the European Union, aligning with accepted industry practices and allowing for more efficient application on multilingual labels and carcase tags. The Office of Best Practice Regulation was consulted, and the proposed changes were deemed minor, not requiring a regulatory impact statement. The amendment ensures that the legislative instrument is compatible with human rights and freedoms, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Export Control (Prescribed Goods — General) Amendment (European Union Mark) Order 2017 applies to entities and individuals engaged in the export of products to the European Union under the Export Control Act 1982. Specifically, it targets those involved in the export of meat products, particularly within the meat industry, and mandates compliance with the new size specifications for the European Union mark when exporting products to the European Union. The amendment facilitates the use of a smaller computer-generated mark on carcase tags and multilingual labels, which is intended to streamline the export process by reducing the need for exemptions from the current mark size requirements. The amendment applies nationally across Australia, as it is an order made under the authority of the Commonwealth. The amendment does not introduce any exclusions or exemptions but instead seeks to standardise the process by which the European Union mark is applied to exported products. The scope of the amendment can be further extended or modified through subordinate instruments, such as additional regulations or orders made under the authority of the Export Control Act 1982.

Key Provisions

The Export Control (Prescribed Goods — General) Amendment (European Union Mark) Order 2017 (section 4) amends the Export Control (Prescribed Goods — General) Order 2005 by introducing a new column in subsection 13.15(2) (section 1) that specifies the size of a computer-generated mark to be used on multilingual labels and carcase tags for products exported to the European Union. This amendment allows for a smaller version of the EU mark to be used on products that have limited space, such as carcase tags, thereby facilitating compliance with EU export requirements. The amendment Order imposes obligations on exporters of products to the European Union to use the specified size of the computer-generated mark for the EU mark, as outlined in the new subsection 13.15(2). This means that exporters must ensure that the EU mark on their products meets the prescribed dimensions to be considered compliant with EU export regulations. The amendment streamlines the process by removing the need for exporters to apply for exemptions under section 3.02 of the Order, thus allowing them to use the prescribed mark without additional regulatory approval. There are no specific offences, penalties, or civil or criminal consequences outlined in the amendment Order itself for non-compliance with the prescribed mark requirements. However, under the Export Control Act 1982, failure to comply with the export control regulations, including the use of the prescribed EU mark, could lead to enforcement actions. These actions might include fines or other penalties as prescribed under the Act, depending on the nature and severity of the non-compliance. The specific penalties for breaches of the Export Control Act are not detailed in the amendment Order but would be governed by the broader provisions of the Act.

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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.