Export Control (Unprocessed Wood) Regulations (Amendment)

Overview

The Export Control (Unprocessed Wood) Regulations (Amendment) 1996 No. 207 was enacted to address a specific problem concerning the regulation of unprocessed wood exports in Australia. This amendment to the Export Control Act 1982 was introduced to refine and clarify the scope of the export controls on unprocessed wood, particularly focusing on hardwood wood chips. The Act was overseen by the Parliament of Australia, aiming to maintain control over the export of prescribed goods, ensuring that the exportation of such materials aligns with national interests and conservation efforts. The policy objective of these regulations is to better manage the export of unprocessed wood by distinguishing and separately regulating hardwood wood chips through specific legislation, thus ensuring that the regulations remain effective and targeted.

Scope and Application

The Export Control (Unprocessed Wood) Regulations (Amendment) 1996 No. 207, made under the authority of the Minister for Primary Industries and Energy, serve to amend the existing Export Control (Unprocessed Wood) Regulations, which were established to support the Export Control Act 1982. The Act itself pertains to the control over the export of certain prescribed goods, and the regulations focus specifically on unprocessed wood. These regulations apply to entities and individuals involved in the export of unprocessed wood and hardwood wood chips within Australia. The jurisdictional reach of these regulations is national, as they are made under Commonwealth legislation. However, hardwood wood chips are excluded from the general unprocessed wood regulations and are subject to separate regulations, specifically the Export Control (Hardwood Wood Chips) (1996) Regulations. The amendments ensure that the export control measures are properly delineated between different types of wood products, thereby extending the application of the Act through subordinate instruments.

Key Provisions

The Export Control (Unprocessed Wood) Regulations (Amendment) 1996 No. 207, under the Export Control Act 1982, introduces significant changes to the existing regulations concerning the export of unprocessed wood. Regulation 1 of the Amendment provides for the citation of these new regulations, ensuring they are clearly identified as an amendment to the original Export Control (Unprocessed Wood) Regulations. Regulation 2 is particularly noteworthy as it amends Regulation 4 of the original regulations by excluding wood chips that are specifically declared as prescribed goods under the Export Control (Hardwood Wood Chips) (1996) Regulations from the list of prescribed goods outlined in the original Regulation 4. This amendment ensures that hardwood wood chips are governed under separate, specific regulations. The obligations imposed by these regulations primarily focus on ensuring compliance with the new classification and regulatory framework for the export of unprocessed wood, particularly hardwood wood chips. Exporters and other relevant parties must adhere to the new regulatory distinctions, ensuring that any hardwood wood chips are managed in accordance with the Export Control (Hardwood Wood Chips) (1996) Regulations, rather than under the general unprocessed wood regulations. This distinction necessitates that exporters and traders understand and comply with the specific requirements of the separate regulations, including any licensing, reporting, or other procedural obligations that may apply. Breach of the provisions in the Export Control (Unprocessed Wood) Regulations (Amendment) can lead to various civil and criminal consequences. Under the Export Control Act 1982, non-compliance with the regulations may result in penalties, including fines and imprisonment. The specific penalties are not detailed in the Amendment itself but are governed by the overarching Export Control Act. Typically, the Act provides for substantial fines for breaches, with the exact amount depending on the nature and severity of the offence. In more serious cases, imprisonment may also be imposed, with penalties varying according to the specific provisions of the Act and the discretion of the court. These measures underscore the importance of strict adherence to the regulatory framework established by the Amendment.