Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 29

  (1)   The rules may:

  (a)   prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless conditions prescribed by the rules are complied with; or

  (b)   prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, to a specified place unless conditions prescribed by the rules are complied with.

Note 1:   The rules are made by the Secretary under section   432. They are a disallowable legislative instrument and are subject to sunsetting under the Legislation Act 2003 .

Note 2:   The Minister may, by legislative instrument, give directions to the Secretary in relation to the performance of the Secretary's functions or the exercise of the Secretary's powers in making rules under section   432 (see subsection   289(1)).

Note 3:   For Australian territory , see section   14.

Note 4:   Division   4 sets out offences and civil penalty provisions for exporting prescribed goods in contravention of prescribed export conditions.

  (2)   Without limiting subsection   (1), the rules may prescribe conditions in relation to the export of prescribed goods, or the export of prescribed goods to a specified place, that:

  (a)   require export operations to be carried out in relation to the goods:

  (i)   at an accredited property; or

  (ii)   at a registered establishment; or

  (iii)   at another kind of premises prescribed by the rules; or

  (iv)   in accordance with an approved arrangement; or

  (v)   in accordance with an export licence; or

  (vi)   in any other way prescribed by the rules; or

  (b)   require the exporter to hold one or more of the following:

  (i)   an approved arrangement covering the goods;

  (ii)   an export licence covering the goods;

  (iii)   a government certificate in relation to the goods;

  (iv)   an export permit for the goods;

  (v)   another kind of permission, consent or approval, granted as prescribed by the rules, to export the goods; or

  (c)   relate to export operations to be carried out in relation to the goods, including in relation to the following matters:

  (i)   premises, equipment and facilities to be used to produce or prepare the goods;

  (ii)   hygiene;

  (iii)   loading and transport of the goods;

  (iv)   identification, tracing, recall and transfer of the goods;

  (v)   ensuring the integrity of the goods;

  (vi)   trade descriptions;

  (vii)   official marks.

  (3)   Also, without limiting subsection   (1), the rules may prescribe conditions in relation to the export of prescribed goods, or the export of prescribed goods to a specified place, that are required to be complied with in respect of matters or things not related to the goods themselves.

  (4)   Despite subsection   14(2) of the Legislation Act 2003 , rules made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing, as in force or existing from time to time, if the instrument or other writing is published on the Department's website.

Note:   The Department's website is http://www.agriculture.gov.au.