Draft Export Control Rules 2020 - Milk and Milk Products

Summary of amendments to the Exposure Draft Export Control (Milk and Milk Products) Rules 2020
The Consultation Draft Export Control Rules 2020 – Milk and Milk Products was released for public consultation in February 2019. It is the basis from which the Exposure Draft Export Control (Milk and Milk Products) Rules 2020 (draft Milk Rules) has been developed.
The draft Milk Rules have been updated to respond to issues identified through stakeholder consultation, and to ensure the legislation will be fit for purpose and aligned with government policy and business practices. The following updates were made to the draft Milk Rules following consultation on the earlier version.
Departmental processes and business practices
A number of changes have been made to ensure that the draft Milk Rules better facilitate existing regulatory policies, processes and business practices and allow flexibility to accommodate changes in the future. For example, we have refined provisions relating to prescribed goods, government certificates, exemptions, registered establishments, approved arrangements and clarified the roles of people undertaking assessment of goods functions and the issuing of export permits.
We have also included new provisions enabling a decision to issue an export permit or government certificate to be made by a computer program. These provisions also detail who may use a computer program, and the conditions of use.
Clear and consistent definitions
We have reviewed terms in the draft Milk Rules to ensure they are clear, correct and consistent with recent amendments to the Export Control (Milk and Milk Products) Orders 2005.
We have made minor amendments to the definitions of ‘exporter’ and ‘installed’, removed the definition of ‘Joint Petroleum Development Area’ and added a new definition of ‘Timor Sea Maritime Boundaries Treaty.’
Editorial improvements to make rules clearer
A number of minor editorial changes have been made to make the draft Milk Rules easier to understand and comply with. The editorial changes include:
- ensuring the provisions in the draft Milk Rules align with the Export Control Act 2020 (Act)
- consolidating common provisions
- incorporating more notes to assist readers to locate other relevant provisions.
The provisions have been renumbered. This is because the draft Milk Rules were initially structured as a chapter of the Export Control Rules. They are now structured to be a stand-alone set of Export Control Rules specifically relating to milk and milk products.
Refinement of prescribed export conditions
One of the objects of the Act is to ensure that goods that are exported meet relevant importing country requirements. The draft Milk Rules set out the detailed requirements relating to the export of milk and milk products that must be met in order for importing country requirements to be satisfied. The specific prescribed export condition mandating compliance with importing country requirements that was included in the consultation draft Milk Rules is redundant, and so has been removed from the table of prescribed export conditions in the draft Milk Rules.
Transitional provisions for draft Milk Rules
Incorporation of transitional provisions to ensure that a smooth transition of milk and milk product export operations on commencement of the new legislation. The transitional provisions are in addition to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.
The transitional provisions in the draft Milk Rules will predominantly include decisions approvals and authorisations that have been made under the current milk orders which are required to remain in force under the draft Milk Rules.
Consistency across the legislation
The Act and the draft Milk Rules must be read together. To make it easier to do this, the draft Milk Rules have been renumbered to align with the chapters in the Act. For example, Chapter 4 in the Act and Chapter 4 in the draft Milk Rules both deal with registered establishments. Chapter 3 of the Act relates to accredited properties. As the accredited properties provisions do not apply to milk establishments, the draft Milk Rules do not contain a Chapter 3.
There have also been changes, where appropriate, to standardise and harmonise the wording of provisions across the commodity-specific rules. It is anticipated that this will facilitate the development of harmonised forms and instructional training material for industry and government alike. Greater consistency across commodities, where appropriate, will make it easier to regulate and comply with regulations.
Further information
Email exportlegislation@agriculture.gov.au
Web agriculture.gov.au/market-access-trade/improving-export-legislation
How you had your say
We sought feedback from people across government and the agricultural export sector. This included:
- Industry/peak bodies
- Government agencies
- Exporters and producers
- Departmental officers
- Authorised officers
- Industry consultative committees.
You gave feedback through:
- information meetings held around Australia
- online written submissions
- comments provided via emails.
Who engaged
Online Submissions
We received 7 submissions on the draft milk rules, from businesses, industry and departmental officers. Most submissions have been published. Some were marked confidential.
Meetings
We held information sessions on the draft rules for milk, eggs and fish. 177 industry representatives from across these export supply chains attended an information session. Information sessions were held in:
- Sydney, NSW
- Canberra, ACT
- Brisbane, QLD
- Melbourne, VIC
- Perth, WA
- Hobart, TAS
- Adelaide, SA.
What you said
There was overall support in the submissions for making contemporary, more efficient and flexible legislation that is easier to understand and use, and recognition that an improved regulatory framework is needed to maintain and support future market access. You also provided constructive and useful feedback on specific issues and provisions.
What happens next
We have considered all submissions, and where appropriate, changes are being made to the draft milk rules. Policy issues, which are outside the scope of this project, have been provided to the department’s Export Dairy, Egg and Fish Program for consideration.
We will continue to collaborate with stakeholders as we draft the legislation. There will be a further opportunity to comment on the draft milk rules before they are finalised and come into effect.
Register your interest to stay informed about consultation on other draft export legislation.