EXPLANATORY STATEMENT
Issued by the Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources
Export Control Act 1982
Export Control (Orders) Regulations 1982
Export Control (Prescribed Goods—General) Amendment (Official Marks) Order 2016
Legislative Authority
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 under the Act. Official marks are declared in Part 13 of the Export Control (Prescribed Goods—General) Order 2005.
Purpose
Section 3 of the Export Control Act 1982 (Act) defines ‘official mark’ to mean any stamp, seal, label or mark that is declared by the regulations to be an official mark. The purpose of the Export Control (Prescribed Goods—General) Amendment (Official Marks) Order 2016 (Amendment Order) is to:
- update provisions relating to official marks and seals to align with current departmental branding and new specifications
- remove marks and seals that are no longer required
- update links to the department’s website
- correct some minor referencing and drafting errors in the Export Control (Prescribed Goods—General) Order 2005.
Impact and Effect
The Amendment Order corrects technical deficiencies within the Export Control (Prescribed Goods—General) Order 2005 and provides the department with greater flexibility when selecting manufacturers of official bolt and tamper indicative security seals. The amendments improve the traceability of product back to the original establishments and manufacturer and reflect current industry practice.
The Amendment Order also removes redundant references and branding and ensure that official marks meet current departmental requirements (including updating the name of the department on the official marks).
Consultation
The department has consulted with relevant industry stakeholders through the Export Meat Industry Advisory Committee in relation to the Amendment Order, which supports the changes.
The department also made international importing country authorities aware of the changes to the marks and seals made under the Amendment Order. The department notified trading partners of a transition period where they can expect to see both the amended official marks and previous official marks.
The Office of Best Practice Regulation (OBPR) was consulted in preparation of the Amendment Order (OBPR reference 18060).
The Amendment Order is a legislative instrument for the purposes of the Legislation Act 2003. It 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 the Attachment.
Details/Operation
Section 1 – Name of Order
This section provides for the name of the Amendment Order to be the Export Control (Prescribed Goods—General) Amendment (Official Marks) Order 2016.
Section 2 – Commencement
This section provides for the Amendment Order to commence on the day after the Amendment Order is registered.
Section 3 – Authority
This section provides for the Amendment Order to be made under the Export Control (Orders) Regulations 1982.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the Amendment Order is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Order has effect according to its terms.
Schedule 1—Amendments
Export Control (Prescribed Goods—General) Order 2005
Item 1 inserts a definition for ‘foreign country identification mark’ into subsection 1.05(1). The insertion of this definition clarifies what is meant by ‘foreign country identification mark’ throughout the Amendment Order.
Item 2 substitutes the reference to ‘Division’ in subsection 3.02(1) with a reference to ‘Part’. This substitution corrects a referencing error in this subsection. There is no change to the policy intent of this subsection.
Item 3 substitutes the reference to ‘(1)(d)’ in paragraph 4.05(4)(c) with a reference to (1)(c). This substitution corrects a referencing error in this paragraph. There is no change to the policy intent of this paragraph.
Item 4 substitutes the reference to ‘(1)(e)’ in paragraph 4.05(4)(d) with a reference to (1)(d). This substitution corrects a referencing error in this paragraph. There is no change to the policy intent of this paragraph.
Item 5 substitutes the reference to ‘(1)(f)’ in paragraph 4.05(4)(e) with a reference to (1)(e). This substitution corrects a referencing error in this paragraph. There is no change to the policy intent of this paragraph.
Item 6 repeals section 13.04 which deals with the ‘Restricted Australia’ official mark. This mark is no longer used and is redundant.
Item 7 substitutes the visual representation of a foreign country identification mark in subsection 13.06(1) with a description of that mark. This substitution will provide the department with greater flexibility to update and amend that mark as necessary and ensure consistency with subsection 25(5) of the Export Control Act 1982 and section 14 of the Legislation Act 2003.
Item 8 omits ‘, as specified in MICoR’ in subsection 13.06(2). This reference no longer applies and is redundant. There is no change to the policy intent of this subsection.
Item 9 substitutes the reference to ‘in MICoR’ in paragraph 13.06(3)(c) with a reference to ‘by the authority or body that determined the mark’. This substitution updates the order to reflect current departmental and industry practice and to incorporate the amendments made to the Amendment Order under Items 7 and 8.
Item 10 adds a note to the end of subsection 13.06(3), which deals with the dimensions of a foreign country identification official mark, to provide clarification to users of the Amendment Order about where the dimensions of a foreign country mark can be found. This addition improves the usability of the Amendment Order.
Item 11 substitutes the image of the approved for export official mark in subsection 13.07(1) with an updated image of the approved for export official mark. The updated image updates the name of the department on the official mark and reflects current departmental requirements.
Item 12 substitutes the heading under section 13.08 with the heading ‘Declaration of official marks—carton seals (interim)’. A new mark under section 13.08A will replace the official mark under 13.08 and the new heading makes it clear that the official mark under this section is ‘interim’ only and will be replaced by the new mark under 13.08A when that section takes effect. Section 13.08A will take effect from the day after the Amendment Order is registered.
Item 13 adds a subsection to section 13.08 which states that section 13.08 will repeal on 1 April 2017. The addition of this subsection makes it explicit that section 13.08 will be repealed on 1 April 2017. A new section, 13.08A, will commence operating from this date.
Item 14 inserts a new section entitled ‘13.08A Declaration of official marks—carton seals’. This new section will replace 13.08 from 1 April 2017 and reflect the updated requirements of the department for carton seals to be deemed an official mark.
Item 15 substitutes the heading under section 13.09 with the heading ‘Declaration of official marks—goods opened for inspection and re-sealed (interim)’. A new mark under section 13.09A will replace the official mark under 13.09 and the new heading makes it clear that the official mark under this section is ‘interim’ only and will be replaced by the new mark under 13.09A when that section takes effect. Section 13.09A will take effect from 1 April 2017.
Item 16 adds a subsection to section 13.09 which states that section 13.09 will repeal on 1 April 2017. The addition of this subsection makes it explicit that section 13.09 will be repealed on 1 April 2017. A new section, 13.09A, will commence operating from this date.
Item 17 inserts a new section entitled ‘13.09A Declaration of official marks—goods opened for inspection and re-sealed (interim)’. This new section will replace 13.09 from 1 April 2017 and reflect the updated requirements of the department for goods opened for inspection and resealed to be deemed an official mark.
Item 18 inserts ‘(1)’ to divide section 13.10 into two subsections. A new subsection, subsection ‘(2)’, is added to this section under Item 19.
Item 19 adds a subsection to section 13.10 which states that section 13.10 will repeal on 1 April 2017. Section 13.10 will repeal from this date because the seal indicated under it will no longer be used from 1 April 2017 and will be redundant. A new section, 13.10A, will commence operating from this date.
Item 20 inserts a new section entitled ‘13.10A Declaration of official mark—tamper-indicative seal’. This new section will operate in conjunction with section 13.10 for a period of time until section 13.10 is repealed. By having section 13.10 and 13.10A operating in conjunction with one another for a period of time users of the Amendment Order will be allowed to transition to the new section and the new requirements for a tamper-indicative seal official mark. The tamper-indicative seal under section 13.10A will reflect the most up-to-date practice of the department and industry.
Item 21 inserts ‘(1)’ to divide section 13.11 into two subsections. A new subsection, subsection ‘(2)’, is added to this section under Item 22.
Item 22 adds a subsection to section 13.11 which states that section 13.11 will repeal on 1 April 2017. Section 13.11 will repeal from this date because the seal indicated under it will no longer be used from 1 April 2017 and will be redundant. A new section, 13.11A, will commence operating from this date.
Item 23 inserts a new section entitled ‘13.11A Declaration of official mark—bolt seal’. This new section will operate in conjunction with section 13.10 for a period of time until section 13.10 is repealed. By having section 13.11 and 13.11A operating in conjunction with one another for a period of time users of the Amendment Order will be allowed to transition to the new section and the new requirements for a bolt seal official mark. The bolt seal under section 13.11A will reflect the most up-to-date practice of the department and industry.
Item 24 substitutes the heading under section 13.14 with the heading ‘13.14 Declaration of official mark (interim)’. A new mark under section 13.14A will replace the official mark under 13.14 and the new heading makes it clear that the official mark under this section is ‘interim’ only and will be replaced by the new mark under 13.14A when that section takes effect. Section 13.14A will take effect from the day after the Amendment Order is registered.
Item 25 inserts ‘(1)’ to divide section 13.14 into two subsections. A new subsection, subsection ‘(2)’, is added to this section under Item 26.
Item 26 adds a subsection to section 13.14 which states that section 13.14 will repeal on 1 April 2017. Section 13.14 will repeal from this date because the official mark indicated under it will not be used from 1 April 2017 and will be redundant. A new section, 13.14A, will commence operating from this date.
Item 27 inserts a new section entitled ‘13.14A Declaration of official mark’. This new section will replace 13.14 from 1 April 2017 and reflect the updated requirements of the department for an official mark.
ATTACHMENT
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 (Official Marks) Order 2016
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 (Official Marks) Order 2016 is to:
- update provisions relating to official marks and seals to align with current departmental branding and specifications.
- remove marks and seals that are no longer required
- update links to the department’s website
- correct some minor referencing and drafting errors in the Order
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 as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Deputy Prime Minister and Minister for Agriculture and Water Resources