Attachment A

 

Details of the Export Control Legislation (Repeal and Consequential Amendments) Regulations 2021

Section 1 - Name

This section provides that the name of the regulations is the Export Control Legislation (Repeals and Consequential Amendments) Regulations 2021.

 

Section 2 - Commencement

This section provides for the regulations to commence at the same time as section 3 of the Export Control Act 2020 commences.

 

Section 3 - Authority

This section provides that the regulations are made under the following:

*                     The Australian Meat and Live-stock Industry Act 1997

*                     The Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997

*                     The Commonwealth Electoral Act 1918

*                     The Customs Act 1901

*                     The Primary Industries (Excise) Levies Act 1999

*                     The Primary Industries Levies and Charges Collection Act 1991

*                     The Referendum (Machinery Provisions) Act 1984

*                     The Renewable Energy (Electricity) Act 2000 and

*                     The Wine Australia Act 2013.

 

Section 4 - Schedules

This section provides that each instrument specified in a schedule to the regulations is amended or repealed as set out in those schedules.

 

Schedule 1 - Repeals

 

Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998

 

Item 1  - The whole of the instrument

Item 1 of Schedule 1 repeals the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998, which becomes redundant upon the commencement of the Export Control Act 2020. The Export Control Act 2020, Export Control (Animals) Rules 2021 and Export Control (Meat and Meat Products) Rules 2021 will provide for export licencing.

Schedule 2 - Consequential amendments

 

Australian Meat and Live-stock Industry Regulations 1998

 

Item 1 - After regulation 3

Item 1 of Schedule 2 inserts section 3A in the Australian Meat and Live-stock Industry Regulations 1998 (the Australian Meat and Live-stock Industry Regulations). New section 3A of the Australian Meat and Live-stock Industry Regulations provides that buffalo, camelids and deer are prescribed for the purposes of the definition of live-stock in section 3 of the Australian Meat and Live-stock Industry Act 1997 (the Australian Meat and Live-stock Industry Act).  

 

Section 3 of the Australian Meat and Live-stock Industry Act defines live-stock to mean cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition. Section 3A of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1988 currently provides that, for the definition of live-stock in section 3 of the Act, buffalo, camelids and deer are prescribed. 

 

The Australian Meat and Live-stock Industry (Export Licensing) Regulations 1988 are repealed by Schedule 1 of this instrument.

 

New section 3A of the Australian Meat and Live-stock Industry Regulations will ensure that buffalo, camelids and deer continue to be defined as live-stock for the purposes of the Australian Meat and Live-stock Industry Act when the Export Licensing Regulations are repealed.

 

Customs (Prohibited Exports) Regulations 1958

 

Item 2 - Subregulation 5(3)

Item 2 of Schedule 2 amends subregulation 5(3) of the Customs (Prohibited Exports) Regulations 1958 so that it refers to export permits in force under "the Export Control Act 2020" rather than export permits in force under "orders in force under the Export Control (Orders) Regulations 1982".

 

Item 3 - Subregulation 5(4) (definition of Minister)

Item 3 of Schedule 2 amends the definition of Minister in subregulation 5(4) of the Customs (Prohibited Exports) Regulations 1958 from "the Minister administering the Export Control Act 1982" to "the Minister administering the Export Control Act 2020".

 

Customs Regulation 2015

 

Item 4 - Paragraph 81(d)

Item 4 of Schedule 2 amends paragraph 81(d) of the Customs Regulation 2015 to replace "the Export Control Act 1982" with "the Export Control Act 2020".

 

Electoral and Referendum Regulation 2016

 

Item 5  - Clause 1 of Schedule 1 (table item 13, column headed "Purpose", paragraph (b))

Item 5 of Schedule 2 amends paragraph (b) of table item 13 (in the column headed "Purpose") of Clause 1 of Schedule 1 of the Electoral and Referendum Regulation 2016 to replace "the Export Control Act 1982" with "the Export Control Act 2020".

 

Item 6 - Clause 1 of Schedule 1 (table item 13, column headed "Purpose", paragraph (c))

Item 6 of Schedule 2 repeals paragraph (c) of table item 13 (in the column headed "Purpose") of Clause 1 of Schedule 1 of the Electoral and Referendum Regulation 2016. This paragraph refers to the Australian Meat and Live-stock Industry Act 1997, relevant parts of which are repealed upon the commencement of the Export Control Act 2020.

 

Primary Industries (Excise) Levies Regulations 1999

 

Item 7 - Subclause 2(1) of Schedule 3 (definition of export licence holder); and

Item 8 - Clause 1 of Schedule 18 (definition of export licence holder)

Items 7 and 8 of Schedule 2 repeal and substitute the definitions of export licence holder in subclause 2(1) of Schedule 3 and clause 1 of Schedule 18 of the Primary Industries (Excise) Levies Regulations 1999 so that they refer to the holder of an export licence granted under section 191 of the Export Control Act 2020 instead of section 10 of the Australian Meat and Live-stock Industry Act 1997. The latter section is repealed upon the commencement of the Export Control Act 2020.

 

Primary Industries Levies and Charges Collection Regulations 1991

 

Item 9 - Subclause 19A(1) of Schedule 7 (definition of export licence holder); and

Item 10 - Subclause 18A(1) of Schedule 27 (definition of export licence holder)

Items 9 and 10 of Schedule 2 repeal and substitute the definitions of export licence holder in subclause 19A(1) of Schedule 7 and subclause 18A(1) of Schedule 27 of the Primary Industries Levies and Charges Collection Regulations 1991 so that they refer to the holder of an export licence granted under section 191 of the Export Control Act 2020 instead of under section 10 of the Australian Meat and Live-stock Industry Act 1997. The latter section is repealed upon the commencement of the Export Control Act 2020.

 

Renewable Energy (Electricity) Regulations 2001

 

Item 11 - Subregulation 3(1) (definition of regional forest agreement)

Item 11 of Schedule 2 repeals and substitutes the definition of regional forest agreement in subregulation 3(1) of the Renewable Energy (Electricity) Regulations 2001 so  as to mean a regional forest agreement within the meaning of the Regional Forest Agreements Act 2002 rather than the Export Control (Hardwood Wood Chips) Regulations 1996.

 

The latter regulations will be replaced by the Export Control (Wood and Woodchips) Rules 2021 made by the Secretary of the Department of Agriculture, Water and the Environment under the Export Control Act 2020.

 

Item 12 - Subparagraph 9(1)(b)(i)

Item 12 of Schedule 2 amends subparagraph 9(1)(b)(i) of the Renewable Energy (Electricity) Regulations 2001 so that it refers to codes of practice approved under the Export Control (Wood and Woodchips) Rules 2021 instead of codes of practice approved under (regulation 4B of) the Export Control (Unprocessed Wood) Regulations.

 

The latter regulation is replaced by the Export Control (Wood and Woodchips Rules) 2021 to be made by the Secretary of the Department of Agriculture, Water and the Environment under the Export Control Act 2020.

 

Wine Australia Regulations 2018

 

Item 13 - Subsection 19(1) (example)

Item 13 of Schedule 2 repeals and substitutes the example at subsection 19(1) of the Wine Australia Regulations 2018 to refer to products that are "prescribed organic goods under the Export Control (Organic Goods) Rules 2021" rather than products "to which the Export Control (Organic Produce Certification) Orders applies".

 

The Export Control (Organic Produce Certification) Orders is replaced by the Export Control (Organic Goods) Rules 2021 to be made by the Secretary of the Department of Agriculture, Water and the Environment under the Export Control Act 2020.

 

Item 14 - Subsection 19(1) (example)

Item 14 of Schedule 2 amends the example at subsection 19(1) of the Wine Australia Regulations 2018 as it refers to an organic produce certificate. This item will substitute "organic produce certificate has been issued for the product" with "organic goods certificate (within the meaning of those rules) has been issued for the product".

 

This is a consequential amendment to the repeal of the Export Control (Organic Produce Certification) Orders and their replacement with the Export Control (Organic Goods Rules) 2021.

 

ATTACHMENT B

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Control Legislation (Repeals and Consequential Amendments) Regulations 2021

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

On 28 March 2020, the Export Control Act 2020 (the Act) will replace the Export Control Act 1982. Agricultural export legislation is being streamlined to facilitate overseas market access while ensuring the integrity of goods exported from Australia.

 

The purpose of the Export Control Legislation (Repeals and Consequential Amendments) Regulations 2021 (the regulations) is to make consequential amendments to support the commencement of the Act and subordinate instruments.

 

The regulations make technical amendments to 8 regulations to ensure that references to relevant legislative instruments are correct on commencement of the Act.

 

The regulations also repeal the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 t, as relevant matters  covered by these regulations will be covered in the Export Control (Meat and Meat Products Rules 2021 and the Export Control (Animals) Rules 2021 made by the Secretary of the Department of Agriculture, Water and the Environment under the Act.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

The Hon David Littleproud MP

Minister for Agriculture, Drought and Emergency Management