EXPLANATORY STATEMENT

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Export Control Act 1982

Game, Poultry and Rabbit Meat Amendment Orders 2005 (No.2)

Sub-section 25(1) of the Export Control Act 1982 (“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 the carrying out or giving effect to the Act.

Subsection 25(2)(g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations.  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 Game, Poultry and Rabbit Meat Orders (“the Principal Orders”), are made by the Minister under regulation 3 of the Regulations.  The purpose of the Game, Poultry and Rabbit Meat Amendment Orders 2005 (No. 2) (“the Amendment Orders”) is to make amendments to certain provisions of the Principal Orders consequential upon the enactment of the Export Control (Prescribed Goods - General) Orders 2005 ("the new Prescribed Goods Orders") which repeal the Prescribed Goods (General Orders) 1985 ("the old Prescribed Goods Orders").  In particular, the Amendment Orders substitute references to the old Prescribed Goods Orders with references to the new Prescribed Goods Orders.  Similarly, the references in the Principal Orders to the Export Meat Orders have been amended to substitute references to those Orders with the Export Control (Meat and Meat Products) Orders which repeal the Export Meat Orders.

Consultation was not undertaken for the making of the Amendment Orders 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 Orders are set out below:

Order 1

This Order provides that the name of the Amendment Orders is the Game, Poultry and Rabbit Meat Amendment Orders 2005 (No. 2).

Order 2

This Order provides that the Amendment Orders commence on 1 July 2005.

Order 3

This Order provides that Schedule 1 amends the Principal Orders. 

Schedule 1 - Amendments

Items 1, 4 to 13 and 16

These items substitute references to the Prescribed Goods (General) Orders with references to the Export Control (Prescribed Goods - General) Order 2005.

Item 2

This item amends Order 4 to expressly provide that the goods set out in Order 4 are prescribed goods for the purpose of section 3 of the Export Control Act 1982.

Items 3 and 15

These items substitute the references to the Export Meat Orders with references to the Export Control (Meat and Meat Products) Orders 2005.