Exposure Draft Export Control (Miscellaneous) Rules 2020

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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 will:

  • 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.

You can now provide feedback on the Exposure Draft Export Control (Miscellaneous) Rules 2020.

The draft Miscellaneous Rules set out the proposed Export Control Miscellaneous Rules 2020. On commencement of the Export Control Act 2020 on 28 March 2021, the Miscellaneous Rules will authorise the Secretary of the Department of Agriculture, Water and the Environment to arrange for a computer program to issue a government certificate for non-prescribed goods. Government certificates will be issued by the department’s computer program ‘EXDOC.’ The existing form used to apply for a manual government certificate will be updated and published for commencement of the Act.

The Export Control Act 2020 provides for two types of goods:

  1. prescribed goods
  2. non-prescribed goods.

The Export Control Rules 2020 will prescribe particular kinds of goods that are subject to regulatory controls under the Act. All other goods are non-prescribed goods. Processed foods, wool, pet food and animal by-products are examples of goods that are generally considered to be non-prescribed goods. A government certificate can be issued for non-prescribed goods.

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

World Trade Organization (WTO) consultation

We are consulting domestic stakeholders and international trading partners on the draft Miscellaneous Rules.

These consultations will provide:

  • domestic stakeholders with another opportunity to provide feedback on the draft Miscellaneous Rules.
  • trading partners an opportunity to comment on the draft Miscellaneous Rules, consistent with Australia’s obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.

How to have your say

Before you provide feedback, please read:

Provide your feedback using our online form.

Submissions are open until 24 January 2021.

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 will commence on 28 March 2021.

It comprises the Act and the Export Control Rules 2020. The Act consolidates export certificate provisions currently found in around 20 Acts and 40 legislative instruments.

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

  • current orders
  • regulations for various commodities under the Export Control Act 1982
  • Australian Meat and Live-stock Industry Act 1997.

We are consulting on 12 draft Rules over 3 tranches:

Once made, the Rules will give effect to the Act. The new legislation will ensure:

  • 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 will ensure 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 will commence on 28 March 2021.

Register for updates on our Improving Agricultural Export Legislation web page.

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 will:

  • 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.

You can now provide feedback on the Exposure Draft Export Control (Miscellaneous) Rules 2020.

The draft Miscellaneous Rules set out the proposed Export Control Miscellaneous Rules 2020. On commencement of the Export Control Act 2020 on 28 March 2021, the Miscellaneous Rules will authorise the Secretary of the Department of Agriculture, Water and the Environment to arrange for a computer program to issue a government certificate for non-prescribed goods. Government certificates will be issued by the department’s computer program ‘EXDOC.’ The existing form used to apply for a manual government certificate will be updated and published for commencement of the Act.

The Export Control Act 2020 provides for two types of goods:

  1. prescribed goods
  2. non-prescribed goods.

The Export Control Rules 2020 will prescribe particular kinds of goods that are subject to regulatory controls under the Act. All other goods are non-prescribed goods. Processed foods, wool, pet food and animal by-products are examples of goods that are generally considered to be non-prescribed goods. A government certificate can be issued for non-prescribed goods.

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

World Trade Organization (WTO) consultation

We are consulting domestic stakeholders and international trading partners on the draft Miscellaneous Rules.

These consultations will provide:

  • domestic stakeholders with another opportunity to provide feedback on the draft Miscellaneous Rules.
  • trading partners an opportunity to comment on the draft Miscellaneous Rules, consistent with Australia’s obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.

How to have your say

Before you provide feedback, please read:

Provide your feedback using our online form.

Submissions are open until 24 January 2021.

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 will commence on 28 March 2021.

It comprises the Act and the Export Control Rules 2020. The Act consolidates export certificate provisions currently found in around 20 Acts and 40 legislative instruments.

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

  • current orders
  • regulations for various commodities under the Export Control Act 1982
  • Australian Meat and Live-stock Industry Act 1997.

We are consulting on 12 draft Rules over 3 tranches:

Once made, the Rules will give effect to the Act. The new legislation will ensure:

  • 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 will ensure 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 will commence on 28 March 2021.

Register for updates on our Improving Agricultural Export Legislation web page.