Exposure Draft Export Control (Milk and Milk Products) Rules 2020

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Public consultation on the Exposure Draft Export Control (Milk and Milk Products) Rules 2020 has closed.

The department received two submissions on the draft Milk Rules over the consultation period from 7 September 2020 and closed on 5 November 2020.

The department received feedback on two key issues:

  • clarification on the terminology used throughout the Milk Rules and amendments to improve readability.
  • interaction with Australian New Zealand Food Standards Code, other Australian Standards, and with State or Territory laws.

Both submissions have been published on this page.

Details of consultation on the draft Milk Rules

We are improving Australia's agricultural export legislation. This is part of our wider initiative to strengthen Australian agricultural exports and market access.

The improvements:

  • make the laws more relevant, responsive and efficient
  • continue to provide the same level of regulatory oversight
  • remove duplication
  • ensure consistency across commodities where possible.

This will help exporters, farmers and other primary producers.

The Milk Rules set out the operational details for regulating exports of milk and milk products. They replace previous legislation including the Export Control (Milk and Milk Products) Orders 2005.

Read about how we are improving Australia's agricultural export legislation.

Previous consultation

We consulted domestically on a previous version of the draft Milk Rules. The feedback received has helped us improve the draft Milk Rules. Read an overview of the most common issues raised and our responses.

World Trade Organization (WTO) consultation

This consultation process forms part of our WTO 60-day consultation. It allows our stakeholders to provide feedback. This includes our international trading partners.

We have notified our trading partners about the consultation. This meets Australia’s obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary measures.

Background

In 2015 we reviewed agricultural export legislation. Based on the review, the government decided to improve agricultural export legislation.

The new legislative framework for Australia's agricultural exports commenced on 28 March 2021. It comprises the Export Control Act 2020 and Export Control Rules 2020. The Act consolidates export certificate provisions found in around 20 Acts and 40 legislative instruments.

The Export Control Rules 2020 outline the operational requirements that agricultural exporters must meet to export specific commodities from Australia. They are based on the:

  • previous orders
  • regulations for various commodities under the Act
  • Australian Meat and Live-stock Industry Act 1997.

We consulted on 12 draft Rules over 3 tranches:

The Rules will give effect to the Act.

The new legislation ensures:

  • exported goods meet the requirements of importing countries
  • government and relevant industry standards are complied with
  • goods are traceable throughout the export supply chain—from production and processing to exporting—where required
  • the integrity of goods, and the accuracy of applied trade descriptions and official marks, are maintained.

Developing the new legislative framework in consultation with stakeholders ensures it is clear and fit for purpose – supporting growth and innovation while maintaining the standards our trading partners expect.

What happens next

The new export legislation framework commenced on 28 March 2021.

Public consultation on the Exposure Draft Export Control (Milk and Milk Products) Rules 2020 has closed.

The department received two submissions on the draft Milk Rules over the consultation period from 7 September 2020 and closed on 5 November 2020.

The department received feedback on two key issues:

  • clarification on the terminology used throughout the Milk Rules and amendments to improve readability.
  • interaction with Australian New Zealand Food Standards Code, other Australian Standards, and with State or Territory laws.

Both submissions have been published on this page.

Details of consultation on the draft Milk Rules

We are improving Australia's agricultural export legislation. This is part of our wider initiative to strengthen Australian agricultural exports and market access.

The improvements:

  • make the laws more relevant, responsive and efficient
  • continue to provide the same level of regulatory oversight
  • remove duplication
  • ensure consistency across commodities where possible.

This will help exporters, farmers and other primary producers.

The Milk Rules set out the operational details for regulating exports of milk and milk products. They replace previous legislation including the Export Control (Milk and Milk Products) Orders 2005.

Read about how we are improving Australia's agricultural export legislation.

Previous consultation

We consulted domestically on a previous version of the draft Milk Rules. The feedback received has helped us improve the draft Milk Rules. Read an overview of the most common issues raised and our responses.

World Trade Organization (WTO) consultation

This consultation process forms part of our WTO 60-day consultation. It allows our stakeholders to provide feedback. This includes our international trading partners.

We have notified our trading partners about the consultation. This meets Australia’s obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary measures.

Background

In 2015 we reviewed agricultural export legislation. Based on the review, the government decided to improve agricultural export legislation.

The new legislative framework for Australia's agricultural exports commenced on 28 March 2021. It comprises the Export Control Act 2020 and Export Control Rules 2020. The Act consolidates export certificate provisions found in around 20 Acts and 40 legislative instruments.

The Export Control Rules 2020 outline the operational requirements that agricultural exporters must meet to export specific commodities from Australia. They are based on the:

  • previous orders
  • regulations for various commodities under the Act
  • Australian Meat and Live-stock Industry Act 1997.

We consulted on 12 draft Rules over 3 tranches:

The Rules will give effect to the Act.

The new legislation ensures:

  • exported goods meet the requirements of importing countries
  • government and relevant industry standards are complied with
  • goods are traceable throughout the export supply chain—from production and processing to exporting—where required
  • the integrity of goods, and the accuracy of applied trade descriptions and official marks, are maintained.

Developing the new legislative framework in consultation with stakeholders ensures it is clear and fit for purpose – supporting growth and innovation while maintaining the standards our trading partners expect.

What happens next

The new export legislation framework commenced on 28 March 2021.