Horticulture Marketing and Research and Development Services Exports Orders Revocation Order 2013

Overview

The Horticulture Marketing and Research Development Services Export Orders Revocation Order 2013 was enacted in response to the need for aligning horticultural export regulations with national competition policy principles, as identified in a review conducted by the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). The Horticulture Marketing and Research and Development Services Act 2000 provided the legislative foundation, empowering the Secretary of the Department of Agriculture, Fisheries and Forestry to revoke export control Orders that were found to be inconsistent with national competition policies. The Order was issued under section 20 of the Act and came into effect on 31 January 2013, revoking Orders that specified apples, pears, and dried grapes as regulated horticultural products and markets. This revocation removed Horticulture Australia Limited's authority to establish licensing conditions on the export of these products, aligning with the ABARES report's recommendations and facilitating more efficient market operations. The revocation was supported by the apple, pear, and dried grape industries and was consistent with the human rights recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Horticulture Marketing and Research Development Services Export Orders Revocation Order 2013 revokes export control Orders made under the Horticulture Marketing and Research and Development Services Act 2000 that regulated the export of apples, pears, and dried grapes to all export markets. This revocation removes the authority of Horticulture Australia Limited, the declared industry export control body, to establish licensing conditions on these exports. The revocation applies nationally across Australia, as the Horticulture Marketing and Research and Development Services Act 2000 operates at the Commonwealth level. There are no stated exclusions or exemptions in the Order, and it is directly effective upon revocation, without the need for subordinate instruments to extend or restrict its application. The revocation is based on a review that found the export regulations did not conform to national competition policy principles and were hindering market efficiency. The revocation is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Horticulture Marketing and Research Development Services Export Orders Revocation Order 2013 (Order) is established under section 20 of the Horticulture Marketing and Research and Development Services Act 2000, which empowers the Secretary of the Department of Agriculture, Fisheries and Forestry to revoke export control Orders. The main operative sections of the Order (sections 1-3) provide for the revocation of Orders that had previously classified apples, pears, and dried grapes as regulated horticultural products and markets in all export destinations. This revocation means that the authority of Horticulture Australia Limited to set licensing conditions on the export of these products is removed, as stated in section 1 of the Order. The Order imposes specific obligations on the entities and parties it governs, primarily by eliminating the regulatory oversight that Horticulture Australia Limited had over the export of apples, pears, and dried grapes. This means that from the effective date of the Order, which is 31 January 2013, there are no longer any licensing conditions or regulatory requirements that need to be met for the export of these products. The Order ensures that the industries involved, notably the apple, pear, and dried grape industries, are no longer subject to these controls, as they have not opposed the revocation of the Orders, as noted in section 2 of the Order. There are no specific offences, penalties, or civil or criminal consequences outlined within the Order itself, as its primary function is the revocation of existing Orders. However, any breach of the Horticulture Marketing and Research and Development Services Act 2000 or related regulations prior to the effective date of the Order could have resulted in penalties under the Act. The revocation of the Orders simplifies compliance for exporters by removing the need to adhere to specific licensing conditions, thus potentially reducing administrative burdens and costs associated with compliance.