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.
Overview
The Export Control Act 1982, enacted by the Australian Parliament, addresses the need for stringent export controls on certain goods to protect national security, prevent the spread of harmful organisms, and safeguard Australia’s interests in international trade. The Act provides the framework for the regulation of the export of goods, which can include both tangible items and intangible property. The Game, Poultry and Rabbit Meat Amendment Orders 2005 (No. 2) were introduced to make minor adjustments to existing export control regulations, specifically those concerning game, poultry, and rabbit meat. These amendments were necessary to align the regulations with newer legislative changes, such as the Export Control (Prescribed Goods - General) Orders 2005, which replaced older prescribed goods orders. The policy objective of these amendments is to ensure that the regulations remain effective and up-to-date with current legislative frameworks while maintaining existing export control mechanisms.
Scope and Application
The Game, Poultry and Rabbit Meat Amendment Orders 2005 (No. 2) amends the Game, Poultry and Rabbit Meat Orders, which were made under the Export Control Act 1982. These amendment orders are intended to update references within the principal orders to reflect the repeal and replacement of certain other orders, namely the Prescribed Goods (General Orders) 1985 with the Export Control (Prescribed Goods - General) Orders 2005, and the Export Meat Orders with the Export Control (Meat and Meat Products) Orders 2005. The purpose of these amendments is to ensure consistency and continuity in the regulatory framework governing the export of game, poultry, and rabbit meat, as well as associated products, under the Act. The amendment orders apply to entities involved in the export of these goods and are in effect from 1 July 2005. These amendments do not introduce any substantive changes to the existing regulatory environment but rather address technical updates necessary due to the replacement of the referenced orders.
Key Provisions
The Game, Poultry and Rabbit Meat Amendment Orders 2005 (No. 2) are amendments to the Principal Orders that themselves are made under the Export Control Act 1982. These amendments are primarily concerned with updating references to reflect the changes brought about by the Export Control (Prescribed Goods - General) Orders 2005 and the Export Control (Meat and Meat Products) Orders 2005. Specifically, Order 1 sets the name of these amendments, while Order 2 specifies the commencement date of 1 July 2005. Order 3 indicates that the detailed changes are set out in Schedule 1. The Schedule itself has several items, such as Items 1, 4 to 13, and 16, which substitute references to the old Prescribed Goods (General) Orders with the new Export Control (Prescribed Goods - General) Orders. Item 2 provides clarity by expressly stating that the goods listed in Order 4 are prescribed goods under section 3 of the Act. Meanwhile, Items 3 and 15 substitute references to the Export Meat Orders with the new Export Control (Meat and Meat Products) Orders.
These Amendment Orders impose specific obligations on parties involved in the export of game, poultry, and rabbit meat. Firstly, they require that references in existing orders are updated to reflect the new regulatory framework, ensuring that all legal instruments align with the most current legislative provisions. This alignment is crucial for maintaining compliance with export regulations and ensuring that the export processes for game, poultry, and rabbit meat are governed by the latest standards and requirements. Parties must ensure that any documentation, permits, or approvals related to the export of these goods are consistent with the updated references. Additionally, the amendments may necessitate that exporters, regulatory bodies, and other relevant entities review and update their internal processes and records to reflect the changes brought about by the new orders.
Failure to comply with the provisions of these Amendment Orders can result in legal consequences. The Export Control Act 1982 provides for various offences and penalties for breaches of its provisions. Under section 36 of the Act, a person who contravenes any provision of the Act, or any regulation or order made under the Act, is liable for a penalty. The penalties can be severe, depending on the nature and extent of the breach. For instance, for contravening an order made under the Act, a person can be fined up to 50 penalty units, which, as of 2023, equates to approximately AUD 11,115. More serious offences, such as those involving fraudulent activities, can result in higher penalties, including fines of up to 500 penalty units (approximately AUD 111,150) and, in some cases, imprisonment for up to two years. These penalties underscore the importance of adhering to the updated regulatory framework and the potential consequences of non-compliance.