EXPLANATORY STATEMENT
Issued by the Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Prescribed Goods – General) Amendment Order 2011 (No.1)
Legislative Authority
Sub-section 25(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required, permitted, necessary or convenient to be prescribed for carrying out or for giving effect to the Act.
Section 3 of the Act defines ‘official mark’ to mean any stamp, seal, label or mark that is declared by the regulations to be an official mark.
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.
Subsection 13.05 (3) of the Export Control (Prescribed Goods – General) Order 2005 (the Order) declares that for the purposes of the definition of official mark in section 3 of the Act, the design of the mark must conform to the standards specified in the section. Under subsection 13.05 (3), the design must include an abbreviation of the name of the State or Territory in which the registered establishment at which the goods were produced is located, and be of the dimensions set out in subsection 13.05 (4).
Purpose
The purpose of the Export Control (Prescribed Goods – General) Amendment Order 2011 (No.1) (the Amendment Order) is to replace the official state-based mark with a new single Australian halal mark. The Australian Quarantine Inspection Service (AQIS) Halal Consultative Committee has requested that the Order be amended to update the official halal mark which is declared in subsection 13.05(3) and subsection 13.05(4) which specify the uses and sizes of the mark.
The introduction of the new design for the halal mark does not change the existing requirement to apply the halal mark to eligible meat or meat products for export. Under the current Export Control (Meat and Meat Products) Orders 2005, where meat and meat products are prepared as halal for export, the meat must be identified by the application of an official halal mark as provided for in Order 13.05(3) of the Order.
Consultation
The export meat industry through the AQIS Halal Consultative Committee (AHCC) supported and requested the new design. The AHCC is comprised of representatives from the export meat industry processor sector, Islamic Organisations approved under the Regulations, AUS-MEAT and the department.
AHCC further requested the existing State based design be replaced with a design that enables an export registered establishment preparing halal meat or meat products to be identified through the inclusion of the establishment’s registration number in the mark. The change in design is also supported by this committee.
The Office of Best Practice Regulation (OBPR) was consulted and agreed that the amendment does not need a Regulation Impact Statement. The OBPR reference number is 12731.
Prior to the commencement of the use of the new halal mark, DAFF will write to overseas trading partners advising of the changes to the design of the official halal mark and the transition period of 6 months from the commencement date provided for in the legislation. This will allow industry to phase out the old design and enable use of existing stocks of product marked with the old design.
The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Order are set out below:
Order 1
- This Order provides that the name of the Amendment Order is the Export Control (Prescribed Goods – General) Amendment Order 2011 (No. 1).
Order 2
2. This Order commences on the day after registration.
Order 3
3. This Order provides that Schedule 1 amends the Export Control (Prescribed Goods – General) Order 2005.
Schedule 1 Amendments
Item 1 amends subsections 13.05 (3) and (4) by substituting the old halal mark for the new halal mark (but with the registration number of the establishment at which the goods were produced substituted for ‘A’) and of the dimensions set out in subsection (4).
Item 2 inserts a new section 18.03 after the Table to section 18.02.
The purpose of the amendment is to provide industry with a transition period of six months from the commencement date of the Amendment Order.
This will allow industry adequate time to replace the official state-based mark with the proposed halal mark and to enable use of existing stocks of product marked with the old design.
Overview
The Export Control (Prescribed Goods – General) Amendment Order 2011 (No.1) was introduced to address a gap in the design of the official halal mark used for meat and meat products exported from Australia. Enacted under the authority of the Export Control Act 1982, this amendment was made to modernise and standardise the halal mark across all states and territories, replacing the previous state-based designs with a unified Australian halal mark. The policy objective behind this change was to streamline the identification process for export-registered establishments preparing halal meat or meat products, facilitating easier tracking and compliance with export regulations. The Australian Quarantine Inspection Service (AQIS) Halal Consultative Committee advocated for this change, which was also supported by the Office of Best Practice Regulation, which confirmed that the amendment did not require a Regulation Impact Statement. The amendment allows for a six-month transition period to phase out the old design and use existing stocks marked with the previous design.
Scope and Application
The Export Control (Prescribed Goods – General) Amendment Order 2011 (No.1) amends the Export Control (Prescribed Goods – General) Order 2005, specifically concerning the official halal mark applied to meat and meat products for export. The amendment applies to entities involved in the export of halal meat and meat products, including meat processors and exporters, as well as Islamic organisations approved under the Export Control Regulations. The Amendment Order replaces the existing state-based halal mark with a new single Australian halal mark, reflecting a unified approach to halal certification across Australia. The new mark design incorporates the registration number of the establishment where the goods were produced, thereby facilitating traceability and compliance with export standards. This change is effective for all entities engaged in the export of halal meat and meat products and is designed to be implemented over a six-month transition period to allow for the phasing out of the old mark and the use of existing stocks marked with the old design. The Amendment Order is consistent with the Export Control Act 1982 and does not alter the fundamental requirement for the application of an official halal mark on eligible exports.
Key Provisions
The Export Control (Prescribed Goods – General) Amendment Order 2011 (No.1) introduces significant changes to the design and specifications of the official halal mark used on meat and meat products exported from Australia. Order 3 specifies that the Amendment Order will come into effect the day after its registration. This Amendment Order replaces the existing state-based halal mark with a new single Australian halal mark, as requested by the Australian Quarantine Inspection Service (AQIS) Halal Consultative Committee (AHCC). The new design includes the registration number of the establishment where the goods were produced, instead of an abbreviation of the state or territory, and adheres to the dimensions outlined in the Amendment Order.
The Amendment Order imposes obligations on parties and entities involved in the export of meat and meat products. Specifically, it mandates that the new halal mark, which incorporates the registration number of the producing establishment, must be applied to eligible meat or meat products intended for export. This requirement is consistent with the current provisions of the Export Control (Meat and Meat Products) Orders 2005. The Order also requires that industry be given a transition period of six months from the commencement date to replace the old halal mark with the new one and to use up existing stocks marked with the old design.
There are no explicit offences or penalties mentioned in the Amendment Order itself; however, non-compliance with the Export Control Act 1982 and related regulations could result in civil or criminal penalties. The Act provides for penalties for breaches, including fines and imprisonment, although specific penalties are detailed in the Export Control Act and associated regulations. It is also noted that the Office of Best Practice Regulation (OBPR) has confirmed that a Regulation Impact Statement is not required for this amendment.
Before the new halal mark is implemented, the Department of Agriculture, Fisheries and Forestry (DAFF) will notify overseas trading partners of the changes to the halal mark design and the six-month transition period. This notification aims to ensure that international partners are aware of the modifications and can adjust accordingly, facilitating a smooth transition for the industry and maintaining compliance with export requirements.