EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1)
Sub-section 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.
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 made under the Act.
The purpose of the Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1) (“the Amendment Order”) is to amend the Export Control (Prescribed Goods General) Order 2005, which commences on 1 July 2005, to correct minor errors in the design of certain official marks prescribed in that Order.
Consultation was not undertaken for the making of the Amendment Order 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 Order are set out below:
Section 1
This section provides that the Amendment Order is named the Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1).
Section 2
This section provides that the Amendment Order commences on 1 July 2005.
Section 3
This section provides that Schedule 1 to the Amendment Order amends the Export Control (Prescribed Goods – General) Order 2005.
Schedule 1 – Amendments
Item 1
This item amends subsection 13.07 (1) to update the name of the Department in the design of the official mark from ‘Department of Primary Industry’ to ‘Department of Agriculture Fisheries and Forestry’.
Item 2
This item amends the design of the official mark in subsection 13.08(1) to correct a typographical error.
Item 3
This item amends the design of the official mark in subsection 13.08(1) to correct a typographical error.
Overview
The Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1) was enacted to address minor errors in the design of certain official marks prescribed in the Export Control (Prescribed Goods General) Order 2005. This amendment order was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and is an instrument made pursuant to subsection 25(1) of the Export Control Act 1982, which empowers the Governor-General to make regulations and orders necessary for carrying out or giving effect to the Act. The objective of the Amendment Order was to correct typographical errors in the design of official marks, thereby ensuring the accuracy and effectiveness of the prescribed goods regulations without substantially altering the existing arrangements. As the changes were deemed minor and of a machinery nature, consultation and a regulation impact statement were not deemed necessary. The Amendment Order commenced on 1 July 2005 and involved specific amendments to the design of official marks as detailed in Schedule 1.
Scope and Application
The Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1) applies to the prescribed goods covered under the Export Control Act 1982, specifically targeting the correction of minor errors in the design of certain official marks within the Export Control (Prescribed Goods General) Order 2005. This amendment is applicable nationally and pertains to entities involved in the exportation of goods subject to the Export Control Act. The Act itself extends to the entire Commonwealth of Australia, including its territories, and applies to any person or entity engaged in export activities, thereby establishing a comprehensive regulatory framework to control the export of specific goods. The Amendment Order does not introduce new exclusions or exemptions but rather corrects existing provisions to ensure the accuracy and effectiveness of the legal instruments governing export controls. Through the use of subordinate instruments, such as the Amendment Order, the scope and application of the Act can be refined and maintained, reflecting the dynamic nature of regulatory needs in the export sector.
Key Provisions
The Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1) makes specific adjustments to the Export Control (Prescribed Goods – General) Order 2005, which commenced on 1 July 2005. The primary operative sections of this Amendment Order involve minor corrections to the design of certain official marks as prescribed in the Order (Sections 1, 2, and 3). Specifically, Item 1 of Schedule 1 updates the name of the relevant department from ‘Department of Primary Industry’ to ‘Department of Agriculture Fisheries and Forestry’ in subsection 13.07(1). Items 2 and 3 correct typographical errors in the design of the official mark, as detailed in subsection 13.08(1).
The Amendment Order imposes certain obligations and requirements on the parties and entities governed by the Export Control Act 1982. The most notable obligation is the requirement for accuracy in the design of official marks. These marks are critical for ensuring compliance with export control regulations, and any errors could lead to confusion or non-compliance with the Act. By correcting the minor errors in the design of these marks, the Amendment Order aims to maintain the integrity and clarity of the regulatory framework.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Export Control (Prescribed Goods – General) Amendment Order 2005 (No. 1). Given that the amendments are of a minor or machinery nature and do not substantially alter existing arrangements, the focus remains on ensuring that the official marks are correctly represented. While the Export Control Act 1982 provides for penalties for breaches of its provisions, the specific penalties would be determined by the broader context of the Act and any related regulations. These penalties can include fines and, in severe cases, imprisonment. The precise penalties for any non-compliance would be assessed according to the severity and intent behind the breach.