Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 12, 2020
Compilation No. 8
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Export Control Act 2020 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1--Preliminary
Part 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Act binds the Crown
6 Application of this Act in Australia
7 Limited application of this Act outside Australia
8 Extension of this Act to external Territories and other areas
9 Application of this Act in external Territories and other areas
10 Rights of foreign aircraft and vessels under Convention on the Law of the Sea not affected
11 Concurrent operation of State and Territory laws
Part 2--Interpretation
Division 1--Definitions
12 Definitions
13 Meaning of associate
14 Meaning of Australian territory
15 Meaning of entered for export
16 Meaning of export operations
17 Meaning of installation
18 Meaning of integrity
19 Meaning of occupier
Division 2--Other interpretation provisions
21 Persons who manage or control export operations
Chapter 2--Exporting goods
Part 1--Goods and exports
Division 1--Introduction
22 Simplified outline of this Part
Division 2--Prohibited goods and exports
Subdivision A--Permanently prohibited goods and exports
23 Goods that are prohibited from export absolutely
23A Goods that are prohibited from export by sea
Subdivision B--Temporarily prohibited goods
24 Minister may temporarily prohibit export of goods from Australian territory, or from a part of Australian territory, for a period
25 Variation of temporary prohibition determination
26 Effect of temporary prohibition determination on government certificate or export permit
27 Temporary prohibition determination prevails over inconsistent rules
Division 3--Prescribed goods and conditions of export
28 Rules may prescribe goods for the purposes of this Act
29 Rules may prohibit export of prescribed goods subject to conditions
Division 4--Offences and civil penalty provisions
30 Exporting goods that are subject to prohibition on export--basic contravention
31 Exporting goods that are subject to prohibition on export--intention to obtain commercial advantage
32 Exporting goods that are subject to prohibition on export--economic consequences for Australia
33 Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc.
34 Exporting goods to a temporarily prohibited place--basic contravention
35 Exporting goods to a temporarily prohibited place--intention to obtain commercial advantage
36 Exporting goods to a temporarily prohibited place--economic consequences for Australia
37 Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc.
38 Exporting prescribed goods--non-compliance with prescribed export conditions--basic contravention
39 Exporting prescribed goods--non-compliance with prescribed export conditions--intention to obtain commercial advantage
40 Exporting prescribed goods--non-compliance with prescribed export conditions--economic consequences for Australia
41 Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc.
42 Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--basic contravention
43 Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--intention to obtain commercial advantage
44 Exporting prescribed goods to a particular place--non-compliance with prescribed export conditions--economic consequences for Australia
45 Conveying or possessing prescribed goods that are intended to be exported to a particular place in contravention of conditions etc.
46 Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--general
47 Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--goods to be exported to a particular place
48 Making false or misleading representation about prescribed goods that are entered for export--general
49 Making false or misleading representation about prescribed goods that are entered for export to a particular place
50 Making false or misleading representation about non-prescribed goods that are entered for export
50A Penalties for certain contraventions by bodies corporate
Part 2--Exemptions
Division 1--Introduction
51 Simplified outline of this Part
52 Application of this Part
Division 2--Exemptions
53 Application for exemption
54 Secretary must decide whether to grant exemption
55 Exemption may be granted subject to conditions
56 Notice of decision
57 Period of effect of exemption
58 Variation of conditions of exemption
59 Revocation of exemption
60 Effect of exemption
Part 3--Government certificates
Division 1--Introduction
61 Simplified outline of this Part
Division 2--Rule-making powers
62 Rules may make provision for and in relation to government certificates
63 Issuing bodies
64 Certain issuing bodies may charge fees
Division 3--Issue of government certificate
65 Application for government certificate
66 Additional or corrected information
67 Issuing body must decide whether to issue government certificate
68 Powers of Secretary in relation to application
69 Applications in relation to certain kinds of non-prescribed goods
70 Government certificate for goods that are to be, or that have been, exported from certain external Territories
71 Manner of issuing government certificate
72 Period of effect of government certificate
Division 4--Other matters
73 Secretary may require assessment of goods
74 Additional or corrected information in relation to application for government certificate etc.
75 Revocation of government certificate
76 Return of government certificate
Chapter 3--Accredited properties
Part 1--Introduction
77 Simplified outline of this Chapter
Part 2--Application for accreditation
78 Application for accreditation of property
79 Secretary must decide whether to accredit property
80 Conditions of accreditation
81 Notice of decision
82 Period of effect of accreditation
Part 3--Renewal of accreditation
83 Application to renew accreditation of property
84 Secretary must decide whether to renew accreditation
85 Conditions of renewed accreditation
86 Notice of decision
Part 4--Variation of accreditation
Division 1--Application by manager
87 Application by manager for variation of accreditation or approval of alteration of property
88 Notice of variation or approval of alteration
89 Certain variations must not be made unless approved
Division 2--Variation by Secretary
90 Secretary may make variations in relation to accreditation
91 Notice of variation
Part 5--Suspension of accreditation
Division 1--Suspension requested by manager
92 Manager may request suspension
93 Request to revoke suspension
Division 2--Suspension by Secretary
94 Grounds for suspension--general
95 Grounds for suspension--overdue relevant Commonwealth liability
96 Notice of suspension
97 Period of suspension
98 Revocation of suspension
Division 3--Other provisions
99 Effect of suspension
100 Export operations must not be carried out while accreditation suspended
Part 6--Revocation of accreditation
Division 1--Revocation requested by manager
101 Manager may request revocation
Division 2--Revocation by Secretary
102 Grounds for revocation--general
103 Grounds for revocation--overdue relevant Commonwealth liability
104 Notice of revocation
Division 3--Other provisions
105 Secretary may require action to be taken after accreditation revoked
Part 7--Obligations of managers of accredited properties etc.
106 Conditions of accreditation must not be contravened
107 Additional or corrected information in relation to application for accreditation etc.
108 Notice of event or change in circumstances
109 Notice of person ceasing to be manager of accredited property
Chapter 4--Registered establishments
Part 1--Introduction
110 Simplified outline of this Chapter
Part 2--Application for registration
111 Application for registration of establishment
112 Secretary must decide whether to register establishment
113 Conditions of registration
114 Notice of decision and certificate of registration
115 Period of effect of registration
Part 3--Renewal of registration
116 Application to renew registration of establishment
117 Secretary must decide whether to renew registration
118 Conditions of renewed registration
119 Notice of decision and certificate of registration
Part 4--Variation of registration
Division 1--Application by occupier
120 Application by occupier for variation of registration or approval of alteration of establishment
121 Notice of variation or approval of alteration
122 Certain alterations of registered establishment must not be made unless approved etc.
Division 2--Variation by Secretary
123 Secretary may make variations in relation to registration
124 Notice of variation
Part 5--Suspension of registration
Division 1--Suspension requested by occupier
125 Occupier may request suspension
126 Request to revoke suspension
Division 2--Suspension by Secretary
127 Grounds for suspension--general
128 Grounds for suspension--overdue relevant Commonwealth liability
129 Notice of suspension
130 Period of suspension
131 Revocation of suspension
Division 3--Direction to cease carrying out export operations
132 Direction to cease carrying out export operations--failure to comply with conditions or requirements of this Act etc.
133 Occupier must comply with direction
134 Revocation of direction
Division 4--Other provisions
135 Effect of suspension
136 Export operations must not be carried out while registration suspended
Part 6--Revocation of registration
Division 1--Revocation requested by occupier
137 Occupier may request revocation
Division 2--Revocation by Secretary
138 Grounds for revocation--general
139 Grounds for revocation--overdue relevant Commonwealth liability
140 Notice of revocation
Division 3--Other provisions
141 Export operations must not be carried out after registration of establishment revoked
142 Secretary may require action to be taken after registration revoked
Part 7--Obligations of occupiers of registered establishments
143 Export operations not covered by registration must not be carried out
144 Conditions of registration must not be contravened
145 Additional or corrected information in relation to application for registration etc.
146 Notice of changes to occupier of registered establishment
147 Notice of person ceasing to be occupier of registered establishment
Part 8--Other matters
148 Register of registered establishments
Chapter 5--Approved arrangements
Part 1--Introduction
149 Simplified outline of this Chapter
Part 2--Approval of proposed arrangement
150 Application for approval of proposed arrangement
151 Secretary must decide whether to approve proposed arrangement
152 Conditions of approved arrangement
153 Notice of decision
154 Period of effect of approved arrangement
Part 3--Renewal of approved arrangement
155 Application to renew approved arrangement
156 Secretary must decide whether to renew approved arrangement
157 Conditions of renewed approved arrangement
158 Notice of decision
Part 4--Variation of approved arrangement
Division 1--Variations by holder
Subdivision A--Non-significant variations
159 Holder may make non-significant variations of approved arrangement
160 Date of effect of varied approved arrangement
Subdivision B--Significant variations and variation of conditions
161 Application by holder for approval of approved alternative regulatory arrangement or other significant variation or to vary conditions
162 Notice of variation
163 Varied approved arrangement must not be implemented unless variation approved etc.
Subdivision C--Matters relating to whether proposed variation of approved arrangement is significant
164 Matters to which regard must be had in considering whether proposed variation of approved arrangement is significant
Division 2--Variation required or made by Secretary
165 Secretary may require approved arrangement to be varied or make certain variations of approved arrangement
166 Variations required by the Secretary
167 Varied approved arrangement must not be implemented unless approved etc.
168 Notice of variations made by the Secretary
Part 5--Suspension of approved arrangement
Division 1--Suspension requested by holder
169 Holder may request suspension
170 Request to revoke suspension
Division 2--Suspension by Secretary
171 Grounds for suspension--general
172 Grounds for suspension--overdue relevant Commonwealth liability
173 Notice of suspension
174 Period of suspension
175 Revocation of suspension
Division 3--Other provisions
176 Effect of suspension
177 Export operations must not be carried out while approved arrangement suspended
Part 6--Revocation of approved arrangement
Division 1--Revocation requested by holder
178 Holder may request revocation
Division 2--Revocation by Secretary
179 Grounds for revocation--general
180 Grounds for revocation--overdue relevant Commonwealth liability
181 Notice of revocation
Division 3--Other provisions
182 Export operations must not be carried out after approved arrangement revoked
183 Secretary may require action to be taken after approved arrangement revoked
Part 7--Obligations of holders of approved arrangements
184 Conditions of approved arrangement must not be contravened
185 Additional or corrected information in relation to application to approve proposed arrangement etc.
186 Notice of changes to holder of approved arrangement
187 Notification of conviction of serious offence
188 Notice of person ceasing to operate business etc. covered by approved arrangement
Chapter 6--Export licences
Part 1--Introduction
189 Simplified outline of this Chapter
Part 2--Grant of export licence
190 Application for export licence
191 Secretary must decide whether to grant export licence
192 Conditions of export licence
193 Matters to be stated in export licence
194 Period of effect of export licence
Part 3--Renewal of export licence
195 Application to renew export licence
196 Secretary must decide whether to renew export licence
197 Conditions of renewed export licence
198 Matters to be stated in renewed export licence
Part 4--Variation of export licence
Division 1--Application by holder
199 Application by holder for variation of export licence
200 Notice of variation
Division 2--Variation by Secretary
201 Secretary may make variations in relation to export licence
202 Notice of variation
Part 5--Suspension of export licence
Division 1--Suspension requested by holder
203 Holder may request suspension
204 Request to revoke suspension
Division 2--Suspension by Secretary
205 Grounds for suspension--general
206 Grounds for suspension--overdue relevant Commonwealth liability
207 Notice of suspension
208 Period of suspension
209 Revocation of suspension
Division 3--Other provisions
210 Effect of suspension
Part 6--Revocation of export licence
Division 1--Revocation requested by holder
211 Holder may request revocation
Division 2--Revocation by Secretary
212 Grounds for revocation--general
213 Grounds for revocation--overdue relevant Commonwealth liability
214 Notice of revocation
Division 3--Other provisions
215 Export operations must not be carried out after export licence revoked
216 Secretary may require action to be taken after export licence revoked
Part 7--Obligations of holders of export licences
217 Conditions of export licence must not be contravened
218 Additional or corrected information in relation to application for licence etc.
219 Notice of changes to holder of export licence
Part 8--Other matters
220 Persons who participate in the management or control of another person's export business
221 Secretary's powers in relation to associates of holder of export licence
222 Secretary may give directions to holder of export licence
Chapter 7--Export permits
Part 1--Introduction
223 Simplified outline of this Chapter
Part 2--Issue of export permit
224 Application for export permit
225 Secretary must decide whether to issue export permit
226 Requirements for export permit
227 Conditions of export permit
228 Period of effect of export permit
Part 3--Variation, suspension and revocation of export permit
229 Secretary may vary export permit or conditions of permit
230 Period of effect of varied export permit
231 Secretary may suspend export permit
232 Effect of suspension
233 Secretary may revoke export permit
Part 4--Other matters
234 Secretary may require assessment of goods
235 Additional or corrected information in relation to application for export permit etc.
236 Return of export permit
237 Notification that goods not to be exported
Part 5--Applications for export permits
238 Applications to which this Part applies
239 Requirements for applications
240 Additional or corrected information
241 Powers of Secretary in relation to application
Chapter 8--Other matters relating to export
Part 1--Notices of intention to export
Division 1--Introduction
242 Simplified outline of this Part
Division 2--Notices of intention to export
243 Notice of intention to export--general
244 Additional or corrected information
Part 2--Trade descriptions
Division 1--Introduction
245 Simplified outline of this Part
Division 2--Trade descriptions for prescribed goods
246 Meaning of trade description
247 When a trade description is applied to goods
248 Rules may make provision in relation to trade descriptions
249 Conduct that contravenes rules
250 Alteration of or interference with trade description
Division 3--False trade descriptions for prescribed goods
251 Meaning of false trade description
252 False trade description must not be applied to prescribed goods
253 Goods with false trade description must not be exported etc.
Part 3--Official marks
Division 1--Introduction
254 Simplified outline of this Part
Division 2--Rule-making powers
255 Official marks
256 Marks resembling official marks
Division 3--Offences and civil penalty provisions
258 Conduct that contravenes rules
259 Applying a false, misleading or deceptive official mark to goods
260 Applying a false, misleading or deceptive official mark to a document
261 Conduct that results in official mark applied to goods being altered to be false, misleading or deceptive
262 Conduct that results in official mark applied to a document being altered to be false, misleading or deceptive
Part 4--Tariff rate quotas
Division 1--Introduction
263 Simplified outline of this Part
Division 2--Tariff rate quota systems
264 Tariff rate quota systems
Chapter 9--Powers and officials
Part 1--Audits
Division 1--Introduction
265 Simplified outline of this Part
Division 2--General
266 Audits of export operations
267 Audits in relation to persons performing functions or exercising powers under this Act
268 Single audit or program of audits may be required
269 Relevant person for an audit
270 Conduct of audit
271 Relevant person for an audit must provide assistance
272 Powers of auditors
Division 3--Approved auditors
273 Secretary may approve persons to conduct audits
274 Rules may provide for classes of persons to be auditors
275 Approved auditors may charge fees
Part 2--Assessment of goods
Division 1--Introduction
276 Simplified outline of this Part
Division 2--General
277 Circumstances in which an assessment may be carried out etc.
278 Relevant person for an assessment of goods
279 Process for carrying out an assessment of goods etc.
280 Powers that may be exercised in carrying out an assessment of goods
Division 3--Approved assessors
281 Secretary may approve persons to carry out assessments of goods
282 Rules may provide for classes of persons to be assessors
283 Approved assessors may charge fees
Part 3--Powers of the Secretary
Division 1--Introduction
284 Simplified outline of this Part
Division 2--Powers of the Secretary
285 Power to require information or documents
286 Power to arrange for certain decisions to be made by computer programs
287 Rules may authorise Commonwealth to enter into arrangements under which money may be paid for certain purposes
288 Delegation and subdelegation
289 Minister may give directions to Secretary
Part 4--Authorised officers
Division 1--Introduction
290 Simplified outline of this Part
Division 2--Authorisation
291 Authorisation of persons to be authorised officers
292 Conditions of authorisation
293 Third party authorised officers must not contravene conditions of authorisation
294 Arrangements for State or Territory officers or employees to be authorised officers
Division 3--Variation, suspension and revocation of authorisation
Subdivision A--Variation, suspension and revocation on Secretary's own initiative
295 Variation of authorisation
296 Suspension of authorisation
297 Revocation of authorisation
298 Notice of proposed action must be given to third party authorised officer
Subdivision B--Variation, suspension and revocation on application or request by third party authorised officer
298A Application for variation of authorisation
298B Additional or corrected information
298C Request for suspension of authorisation
298D Request for revocation of authorisation
Subdivision C--Other provisions
299 Secretary may request notification of certain events by suspended third party authorised officer
Division 4--Functions and powers
300 Rules may confer functions or powers on authorised officers
301 Functions and powers of authorised officers
302 Third party authorised officer must not contravene direction
303 Certain authorised officers may charge fees
304 Direction to assist persons performing functions etc. under this Act
305 Direction to deal with non-compliance with the requirements of this Act etc.
Division 5--Miscellaneous
306 Identity cards
307 Offence--failure to return identity card
308 Certain goods or services must not be provided to, or received by, authorised officers
309 General provisions relating to directions
Part 5--Accredited veterinarians and approved export programs
Division 1--Introduction
310 Simplified outline of this Part
Division 2--Approved export programs
312 Accreditation of veterinarians
313 Secretary may direct authorised officers to carry out certain export operations in approved export program
314 Secretary may direct authorised officer to monitor or review export operations in approved export programs
Division 3--Offences and civil penalty provisions
315 Offence--person other than accredited veterinarian or authorised officer carrying out export operations in approved export program
316 Strict liability offence--failure to keep records or provide reports in relation to approved export program
317 Strict liability offence--failure to remedy deficiency in carrying out approved export program
318 Offence--failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program
319 Strict liability offence--contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination
320 Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program
321 Strict liability offence--contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.
Division 4--Extended geographical operation of offences
322 Extended geographical operation of offences
Chapter 10--Compliance and enforcement
Part 1--Introduction
323 Simplified outline of this Part
324 Modified meaning of authorised officer
Part 2--Monitoring
Division 1--Introduction
325 Simplified outline of this Part
Division 2--Monitoring under Part 2 of the Regulatory Powers Act
326 Basic monitoring powers under Part 2 of the Regulatory Powers Act
327 Modifications of Part 2 of the Regulatory Powers Act
Part 3--Investigation
Division 1--Introduction
328 Simplified outline of this Part
Division 2--Investigating under Part 3 of the Regulatory Powers Act
329 Basic investigation powers under Part 3 of the Regulatory Powers Act
330 Modifications of Part 3 of the Regulatory Powers Act
Part 4--Entry to adjacent premises
Division 1--Introduction
331 Simplified outline of this Part
332 Modified meaning of premises
Division 2--Entering adjacent premises to gain access to other premises
333 Entering adjacent premises to gain access to other premises
334 Entry under adjacent premises warrant
Division 3--Adjacent premises warrants
335 Application and issue of adjacent premises warrant
Division 4--Obligations and powers of authorised officers
336 Consent
337 Announcement before entry under warrant
338 Authorised officer to be in possession of warrant
339 Details of warrant etc. to be provided
340 Use of force in executing a warrant
Division 5--Appropriate person's rights and responsibilities
341 Right to observe execution of warrant
342 Responsibility to provide facilities and assistance
Division 6--Powers of issuing officers
343 Powers of issuing officers
Part 5--Entering and exercising powers on premises without a warrant or consent
Division 1--Introduction
344 Simplified outline of this Part
345 Premises to which this Part applies
Division 2--Monitoring and searching relevant premises
346 Monitoring relevant premises
347 Offence-related searches and seizures
Division 3--Obligations and powers of authorised officers
348 Announcement before entry
349 Use of force in entering premises
Division 4--Appropriate person's rights and responsibilities
350 Right to observe exercise of powers
351 Responsibility to provide facilities and assistance
Part 6--Powers in emergency situations
Division 1--Introduction
352 Simplified outline of this Part
Division 2--Powers that may be exercised in or on premises in emergency situations
353 Securing evidential material without consent or warrant in emergency situation
354 Stopping and searching conveyance without warrant in emergency situation
Part 7--Civil penalties
Division 1--Introduction
355 Simplified outline of this Part
Division 2--Civil penalties under Part 4 of the Regulatory Powers Act
356 Basic operation of civil penalties under Part 4 of the Regulatory Powers Act
Part 8--Infringement notices
Division 1--Introduction
358 Simplified outline of this Part
Division 2--Infringement notices under Part 5 of the Regulatory Powers Act
359 Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
360 Modifications of Part 5 of the Regulatory Powers Act
Part 9--Enforceable undertakings
Division 1--Introduction
361 Simplified outline of this Part
Division 2--Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act
362 Enforceable undertakings
Part 10--Injunctions
Division 1--Introduction
363 Simplified outline of this Part
Division 2--Injunctions under Part 7 of the Regulatory Powers Act
364 Injunctions
Part 10A--Liability of executive officers and adverse publicity orders
364A Simplified outline of this Part
364B Criminal liability for executive officers of bodies corporate
364C Civil liability for executive officers of bodies corporate
364D Civil penalty--indemnification of executive officers
364E Certain indemnities not authorised and certain documents void
364F Adverse publicity orders
Part 11--Miscellaneous
Division 1--Introduction
365 Simplified outline of this Part
Division 2--Persons assisting authorised officers
366 Persons assisting authorised officers
Division 3--Civil penalty provisions for false or misleading information or documents
367 Civil penalty provision for false or misleading statements in applications
368 Civil penalty provision for false or misleading information
369 Civil penalty provision for false or misleading documents
Division 4--General rules about offences and civil penalty provisions
370 Physical elements of offences
371 Contravening an offence provision or a civil penalty provision
Division 5--Fit and proper person test
372 Fit and proper person test
373 Rules may prescribe kinds of persons that are required to be fit and proper persons for the purposes of Chapter 5 or 6
374 Notification of conviction of offence or order to pay pecuniary penalty
Chapter 11--Miscellaneous
Part 1--Matters relating to applications
Division 1--Introduction
375 Simplified outline of this Part
Division 2--Matters relating to certain applications
376 Applications to which this Division applies
377 Requirements for applications
378 Additional or corrected information
379 Dealing with applications
Part 1A--Alternative regulatory arrangements
Division 1--Introduction
379A Simplified outline of this Part
Division 2--Alternative regulatory arrangements
379B Application to approve alternative regulatory arrangement
379C Secretary must decide whether to approve alternative regulatory arrangement
Part 2--Review of decisions
Division 1--Introduction
380 Simplified outline of this Part
Division 2--Review of decisions
382 Notice of decision
383 Internal review of reviewable decisions
384 Secretary may require further information from applicants
385 Review by the Administrative Review Tribunal
386 Review of decisions relating to tariff rate quota entitlements or tariff rate quota certificates
Part 3--Information management
Division 1--Introduction
387 Simplified outline of this Part
Division 2--Authorised uses and disclosures of relevant information
388 Use or disclosure for the purposes of this Act
389 Disclosure to foreign governments etc. for export, trade and other purposes
390 Use or disclosure for the purposes of certain Acts
391 Disclosure to a Commonwealth entity
392 Disclosure to a court, tribunal etc.
393 Disclosure for the purposes of law enforcement
394 Use or disclosure for research, policy development or data analysis
395 Use or disclosure of statistics
396 Use or disclosure of publicly available information
397 Disclosure to person to whom information relates
397A Use or disclosure with consent
397B Disclosure to person who provided information
397C Disclosure to State or Territory body
397D Use or disclosure to manage severe and immediate threats
397E Use or disclosure authorised by rules
Division 3--Protected information
397F Meaning of protected information
397G Offence and civil penalty--use or disclosure of protected information
Part 4--Cost recovery
Division 1--Introduction
398 Simplified outline of this Part
Division 2--Fees
399 Fees and other rules for fee-bearing activities
Division 3--Payment of cost-recovery charges
400 Paying cost-recovery charges
401 Person liable to pay cost-recovery charges
402 Notional payments by the Commonwealth
Division 4--Unpaid cost-recovery charges
403 Late payment fee
404 Recovery of cost-recovery charges
Division 5--Miscellaneous
405 Secretary may remit or refund cost-recovery charges
406 Secretary may direct that activities not be carried out
Part 5--Records
Division 1--Introduction
407 Simplified outline of this Part
Division 2--Records
408 Requirements to retain records
Part 6--Miscellaneous
Division 1--Introduction
409 Simplified outline of this Part
Division 2--Taking, testing and analysing samples
410 Methods for taking, testing and analysing certain samples
411 Storage of samples
412 Test or analysis may result in destruction or reduction in value of sample
413 Appointment of analyst
414 Analyst may give certificate
415 Admission of analyst's certificate in proceedings
Division 3--Forfeiture of goods
416 Forfeiture of goods
Division 4--Damaged and destroyed goods etc.
417 Person complying with direction or request must not damage or destroy goods
418 Goods seized in certain circumstances may be destroyed
419 Compensation for damaged or destroyed goods
420 Claims for, and amount of, compensation
Division 5--Partnerships, unincorporated associations and trusts
421 Treatment of partnerships
422 Treatment of unincorporated associations
423 Treatment of trusts
Division 6--Matters relating to export of livestock
424 Report to Parliament about export of livestock
Division 6A--Assistance in relation to the phasing out of the export of live sheep by sea
Subdivision A--Arrangements and grants
424A Arrangements and grants in relation to the phasing out of the export of live sheep by sea
424B Executive power of the Commonwealth
424C Inclusion of information in annual reports
424D Delegation
Subdivision B--Programs
424E Programs in relation to the phasing out of the export of live sheep by sea
424F Arrangements in relation to prescribed programs
424G Terms and conditions for arrangements in relation to prescribed programs
424H Delegation
424J Inclusion of information in annual reports
424K Executive power of the Commonwealth
424L Relationship of this Subdivision with the Public Governance, Performance and Accountability Act 2013
Division 7--Miscellaneous
425 Compensation for acquisition of property
426 Privilege against self-incrimination
427 Hindering compliance with the Act etc.
427A Influencing a person performing functions or duties or exercising powers
428 Power or requirement to do or cause a thing to be done
429 Arrangements with States and Territories to assist in carrying out this Act
430 Protection from civil proceedings
431 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
432 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
12, 2020 | 6 Mar 2020 | s 3-432: 3 am (A.C.T.) 28 Mar 2021 (s 2(1) item 2) |
| |
Export Control Legislation Amendment (Certification of Narcotic Exports) Act 2020 | 73, 2020 | 22 June 2020 | Sch 1 (items 2, 3): 23 June 2020 (s 2(1) item 1) | -- |
11, 2021 | 1 Mar 2021 | 2 Mar 2021 (s 2(1) item 1) | -- | |
Treasury Laws Amendment (2021 Measures No. 5) Act 2021 | 127, 2021 | 7 Dec 2021 | Sch 2 (items 50-52): 8 Dec 2021 (s 2(1) item 3) | -- |
Export Control Amendment (Streamlining Administrative Processes) Act 2023 | 64, 2023 | 13 Sept 2023 | Sch 1: 1 Feb 2024 (s 2(1) item 2) | Sch 1 (item 13) and Sch 2 (items 36-41) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (items 30-32): 18 Oct 2023 (s 2(1) item 3) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 1 (items 1-10): 14 Oct 2024 (s 2(1) item 2) | -- |
Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 | 60, 2024 | 9 July 2024 | Sch 2 (items 119-122): 1 Jan 2025 (s 2(1) item 3) | -- |
Export Control Amendment (Ending Live Sheep Exports by Sea) Act 2024 | 68, 2024 | 9 July 2024 | 10 July 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Chapter 1 | |
Part 1 |
|
s 4..................... | am No 39, 2024; No 68, 2024 |
Part 2 |
|
Division 1 |
|
s 12.................... | am No 73, 2020; No 64, 2023; No 74, 2023; No 68, 2024 |
Chapter 2 |
|
Part 1 |
|
Part 1 heading............. | am No 68, 2024 |
Division 1 |
|
s 22.................... | am No 68, 2024 |
Division 2 |
|
Division 2 heading.......... | am No 68, 2024 |
Subdivision A |
|
Subdivision A heading........ | am No 68, 2024 |
s 23A................... | ad No 68, 2024 |
Division 4 |
|
s 30.................... | am No 68, 2024 |
s 31.................... | am No 68, 2024 |
s 32.................... | am No 68, 2024 |
s 33.................... | am No 68, 2024 |
Part 2 |
|
Division 2 |
|
s 53.................... | am No 68, 2024 |
Chapter 3 |
|
Part 4 |
|
Division 1 |
|
s 87.................... | am No 64, 2023 |
s 88.................... | am No 64, 2023 |
s 89.................... | am No 64, 2023 |
Chapter 4 |
|
Part 4 |
|
Division 1 |
|
s 120................... | am No 11, 2021; No 64, 2023 |
s 121................... | am No 64, 2023 |
s 122................... | am No 64, 2023 |
Part 7 |
|
s 146................... | am No 127, 2021 |
Chapter 5 |
|
Part 4 |
|
Division 1 |
|
Subdivision B |
|
s 161................... | am No 64, 2023 |
s 162................... | am No 64, 2023 |
s 163................... | am No 64, 2023 |
Division 2 |
|
s 165................... | am No 64, 2023 |
Part 5 |
|
Division 2 |
|
s 171................... | am No 64, 2023 |
Part 6 |
|
Division 2 |
|
s 179................... | am No 64, 2023 |
Part 7 |
|
s 186................... | am No 127, 2021 |
Chapter 6 |
|
Part 4 |
|
Division 1 |
|
s 199................... | am No 64, 2023 |
| ed C4 |
s 200................... | am No 64, 2023 |
Part 7 |
|
s 219................... | am No 127, 2021 |
Chapter 7 |
|
Part 2 |
|
s 225................... | am No 11, 2021 |
Chapter 8 |
|
Part 1 |
|
Division 1 |
|
s 242................... | am No 11, 2021 |
Division 2 |
|
s 243................... | am No 11, 2021 |
Chapter 9 |
|
Part 3 |
|
Division 2 |
|
s 288................... | am No 64, 2023 |
Chapter 10 |
|
Part 8 |
|
Division 2 |
|
s 359................... | am No 64, 2023 |
Part 11 |
|
Division 5 |
|
s 372................... | am No 11, 2021; No 64, 2023; No 60, 2024 |
Chapter 11 |
|
Part 2 |
|
Division 1 |
|
s 380................... | am No 39, 2024 |
Division 2 |
|
s 381................... | am No 64, 2023 |
s 383................... | am No 39, 2024 |
s 385................... | am No 39, 2024 |
s 386................... | am No 11, 2021; No 39, 2024 |
Part 3 |
|
Part 3................... | rs No 64, 2023 |
Division 1 |
|
s 387................... | rs No 64, 2023 |
Division 2 |
|
s 388................... | rs No 64, 2023 |
s 389................... | rs No 64, 2023 |
s 390................... | rs No 64, 2023 |
s 391................... | rs No 64, 2023 |
s 392................... | rs No 64, 2023 |
s 393................... | rs No 64, 2023 |
s 394................... | rs No 64, 2023 |
s 395................... | rs No 64, 2023 |
s 396................... | rs No 64, 2023 |
s 397................... | rs No 64, 2023 |
s 397A.................. | ad No 64, 2023 |
s 397B.................. | ad No 64, 2023 |
s 397C.................. | ad No 64, 2023 |
s 397D.................. | ad No 64, 2023 |
s 397E.................. | ad No 64, 2023 |
Division 3 |
|
s 397F................... | ad No 64, 2023 |
s 397G.................. | ad No 64, 2023 |
Part 6 |
|
Division 1 |
|
s 409................... | am No 68, 2024 |
Division 6A |
|
Division 6A............... | ad No 68, 2024 |
Subdivision A |
|
s 424A.................. | ad No 68, 2024 |
s 424B.................. | ad No 68, 2024 |
s 424C.................. | ad No 68, 2024 |
s 424D.................. | ad No 68, 2024 |
Subdivision B |
|
s 424E.................. | ad No 68, 2024 |
s 424F................... | ad No 68, 2024 |
s 424G.................. | ad No 68, 2024 |
s 424H.................. | ad No 68, 2024 |
s 424J................... | ad No 68, 2024 |
s 424K.................. | ad No 68, 2024 |
s 424L.................. | ad No 68, 2024 |
Division 7 |
|
s 432................... | am No 11, 2021 |