EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Prescribed Goods (General) Amendment Orders 2004 (No. 4)
Subsection 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 or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Paragraph 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 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 under the Act.
Subsection 14(1) of the Act provides that a person shall not, in contravention of the regulations: (a) manufacture, have in his or her possession, apply, alter or interfere with an official mark; (b) manufacture, have in his or her possession or apply a mark resembling, or apparently intended to resemble or pass for, an official mark; or (c) manufacture, or have in his or her possession an official marking device.
Section 3 of the Act provides that official mark means any stamp, seal, label or mark that is declared by the regulations to be an official mark.
Order 87 of the Prescribed Goods (General) Orders 1985 declares marks to be official marks for the purposes of section 3 of the Act.
The Prescribed Goods (General) Amendment Orders 2004 (No. 4) (“the Amendment Orders”) amend order 87 of the Prescribed Goods (General) Orders 1985 by declaring a mark of the design set out in Schedule 1 to the Amendment Orders to be an official mark for the purposes of the definition in section 3 of the Act.
A Regulation Impact Statement was not required for this amendment.
Details of the amendment are set out below:
Order 1 provides that the Amendment Orders are named the Prescribed Goods (General) Amendment Orders 2004 (No. 4).
Order 2 provides that the Amendment Orders commence 1 December 2004.
Order 3 provides that Schedule 1 to the Amendment Orders amends the Prescribed Goods (General) Orders 1985.
Schedule 1
Item 1 amends order 87 of the Prescribed Goods (General) Orders 1985. Order 87 declares marks to be official marks for the purposes of section 3 of the Act. Item 1 amends order 87 by inserting two additional paragraphs, paragraphs (u) and (v), relating to a new mark and a stamp that applies the new mark for the purposes of the definition of official mark in section 3 of the Act. The new mark is set out in the new Schedule 12A to the Prescribed Goods (General) Orders 1985 and applies to a stamp that applies the mark of the same design.
Item 2 inserts a new schedule, Schedule 12A, after Schedule 12 of the Prescribed Goods (General) Orders 1985. The new Schedule 12A sets out the official mark specified in paragraph 87(u). Item 1 of the new Schedule 12A contains a pictorial representation of the official mark. Items 2 and 3 describe the size and lettering of the mark.