Purpose:

The purpose of this legislation is to establish a comprehensive framework for controlling the export of certain goods from Australian territory, including agricultural products and food, to ensure compliance with international and domestic standards, maintain market access, and protect human, animal, and plant life or health.

Objectives:

• To ensure that goods exported meet relevant importing country requirements to enable and maintain overseas market access for Australian goods.
• To ensure that goods exported comply with government or industry standards or requirements relating to the goods.
• To ensure that goods exported are traceable and, if necessary, can be recalled.
• To ensure the integrity of goods that are exported.
• To ensure that trade descriptions for goods that are exported are accurate.
• To give effect to Australia’s rights and obligations relating to goods that are exported under any international agreements to which Australia is a party.

Key Provisions:

• The Act establishes a framework for regulating the export of goods, including agricultural products and food, from Australian territory.
• Certain goods are absolutely prohibited from export (e.g., split vetch), and from 1 May 2028, live sheep are prohibited from export by sea.
• The Minister may issue temporary prohibition determinations for specified goods to protect human, animal, or plant life or health, or to secure compliance with Australian law.
• The Secretary may make rules to prescribe goods and conditions for their export, including requirements for export operations at accredited properties or registered establishments, approved arrangements, export licences, trade descriptions, official marks, notices of intention to export, and government certificates or export permits.
• The Secretary may grant exemptions from provisions of the Act for prescribed goods exported under specific circumstances (e.g., as commercial samples, for experimental purposes, or in exceptional/special commercial circumstances).
• The Act provides for the issue of government certificates for both prescribed and non-prescribed goods to facilitate international trade.
• A system for tariff rate quotas for the export of certain goods may be established and administered through rules.
• Authorised officers, including third-party authorised officers, are empowered to conduct audits of export operations and assessments of goods, and to issue directions.
• Comprehensive compliance and enforcement powers are provided, largely by applying the Regulatory Powers (Standard Provisions) Act 2014, covering monitoring, investigation, civil penalties, infringement notices, enforceable undertakings, and injunctions.
• The Act details processes for accreditation of properties, registration of establishments, approval of arrangements, and granting of export licences, all subject to conditions, renewal, variation, suspension, and revocation.
• Provisions are included for the accreditation of veterinarians and the approval of export programs, particularly for ensuring the health and welfare of live animals and animal reproductive material.
• The Act regulates the use and disclosure of information obtained under its authority and provides for cost recovery for activities carried out by or on behalf of the Commonwealth.
• Provisions detail requirements for trade descriptions and official marks, including prohibitions against false or misleading representations.
• Specific provisions are made for the phasing out of live sheep exports by sea, including assistance arrangements and programs.

Evidence of Compliance Requirements For Agricultural Organisations:

• Application and Approval Requirements:

  • Accredited Properties (Chapter 3):
    • Application for accreditation: The manager of a property must apply to the Secretary for accreditation of the property for a kind of export operations in relation to a kind of prescribed goods (Section 78(1)). Applications must be in an approved manner and form, include required information, and be accompanied by any required documents (Section 377(1)).
    • Renewal of accreditation: The manager of an accredited property with an expiry date must apply to the Secretary to renew the accreditation (Section 83(2)). Applications must be made within the period prescribed by the rules or a longer period allowed by the Secretary (Section 83(4)).
    • Variation of accreditation/alteration approval: The manager may apply to vary accreditation (e.g., kinds of operations, goods, places of export, conditions) or to approve property alterations or carrying out export operations on an additional part of the property (Section 87(1)). Applications must comply with requirements in Section 377.
  • Registered Establishments (Chapter 4):
    • Application for registration: The occupier of an establishment must apply to the Secretary for registration of the establishment for a kind of export operations in relation to a kind of prescribed goods (Section 111(1)). Applications must comply with requirements in Section 377.
    • Renewal of registration: The occupier of a registered establishment with an expiry date must apply to the Secretary to renew the registration (Section 116(2)). Applications must be made within the period prescribed by the rules or a longer period allowed by the Secretary (Section 116(4)).
    • Variation of registration/alteration approval: The occupier may apply to vary registration (e.g., kinds of operations, goods, places of export, conditions) or to approve an alteration (including addition) of the establishment (Section 120(1)). Applications must comply with requirements in Section 377.
    • Alterations of registered establishment: The occupier must not make a prescribed alteration unless it has been approved under Section 120(2) and the Secretary has provided notice of approval under Section 121 (Section 122(1)).
  • Approved Arrangements (Chapter 5):
    • Application for approval: A person must apply to the Secretary to approve a proposed arrangement for export operations related to prescribed goods (Section 150(1)). The proposed arrangement must be in writing and accompany the application or be available for evaluation (Section 150(2), 377(2)). Applications must comply with Section 377(1).
    • Renewal of approved arrangement: The holder of an approved arrangement with an expiry date must apply to the Secretary to renew the arrangement (Section 155(2)). Applications must be made within the period prescribed by the rules or a longer period allowed by the Secretary (Section 155(4)).
    • Significant variations: The holder must apply to the Secretary to approve significant variations of an approved arrangement (Section 161(1)(b)) or to implement an alternative regulatory arrangement (Section 161(1)(a)), or to vary conditions (Section 161(1)©). Applications must comply with Section 377.
    • Implementation of varied approved arrangement: The holder must not implement a variation specified in a variation notice unless the varied arrangement has been approved and the Secretary has given written notice of approval (Section 167).
  • Export Licences (Chapter 6):
    • Application for licence: A person must apply to the Secretary for an export licence to carry out export operations related to prescribed goods (Section 190(1)). Applications must comply with Section 377.
    • Renewal of licence: The holder of an export licence with an expiry date must apply to the Secretary to renew the licence (Section 195(2)). Applications must be made within the period prescribed by the rules or a longer period allowed by the Secretary (Section 195(4)).
    • Variation of licence: The holder may apply to vary the licence (e.g., kinds of operations, goods, places of export, conditions) (Section 199(1)). Applications must comply with Section 377.
  • Export Permits (Chapter 7):
    • Application for export permit: A person must apply to the Secretary for an export permit for prescribed goods (Section 224(1)). Applications must comply with Section 239.
    • Variation of permit/conditions: The holder of a permit may apply to the Secretary to vary the permit or its conditions (Section 229(3)(b)). Applications must comply with Section 239.
  • Government Certificates (Chapter 2, Part 3):
    • Application for certificate: A person may apply to an issuing body for a government certificate for goods to be or already exported (Section 65(1)). Applications must be in an approved manner and form, include required information, and be accompanied by any required documents (Section 65(2)).
  • Notices of Intention to Export (Chapter 8, Part 1):
    • Notice requirements: If rules require a notice of intention to export a consignment of prescribed goods, it must be given in an approved manner and form, include required information, be accompanied by any required documents, and be given by the prescribed person to the prescribed person at the prescribed time or within the prescribed period (Section 243(1)).
  • Alternative Regulatory Arrangements (Chapter 11, Part 1A):
    • Application for approval: A person may apply to the Secretary to approve an alternative regulatory arrangement (Section 379B(1)). Applications must comply with Section 379B(2).

• Information and Notification Requirements:

  • Additional or corrected information: For applications regarding accredited properties (Section 107(1)), registered establishments (Section 145(1)), approved arrangements (Section 185(1)), export licences (Section 218(1)), export permits (Section 235(1), 240(1)), and notices of intention to export (Section 244(1)), applicants/holders must, as soon as practicable, provide additional or corrected information if they become aware that previously submitted information/documents were incomplete/incorrect or if a prescribed change occurs. For applications under Section 376 (general applications), the same applies (Section 378(1)).
  • Notice of event or change in circumstances (Accredited Properties): The manager of an accredited property must notify the Secretary in writing, as soon as practicable, after a prescribed event or circumstance occurs (Section 108(1)).
  • Notice of person ceasing to be manager (Accredited Properties): If a manager of an accredited property ceases to be the manager, the former manager (or legal representative) must notify the Secretary in writing as soon as practicable, including contact details (Section 109(1)).
  • Notice of changes to occupier (Registered Establishments): The occupier of a registered establishment must notify the Secretary in writing, as soon as practicable, after a change in business structure, individual insolvency, corporate administration/winding up, or change in trading name/address/contact details, or any other prescribed event (Section 146(1)).
  • Notice of person ceasing to be occupier (Registered Establishments): If the person in whose name an establishment is registered ceases to operate the export business or manage export operations, they must notify the Secretary in writing as soon as practicable, including contact details (Section 147(1)).
  • Notice of changes to holder (Approved Arrangements): The holder of an approved arrangement must notify the Secretary in writing, as soon as practicable, after a change in business structure, individual insolvency, corporate administration/winding up, or change in trading name/address/contact details, or any other prescribed event (Section 186(1)).
  • Notification of conviction of serious offence (Approved Arrangements): An applicant/holder/person carrying out/managing export operations under an approved arrangement (if required to be fit and proper) must notify the Secretary in writing, as soon as practicable, of a conviction for an offence or order to pay a pecuniary penalty for a contravention involving fraud or dishonesty under any Australian law (Section 187(2)). This also applies if they become aware of such a conviction/order for an associate (Section 374(4), (5)).
  • Notice of person ceasing to operate business (Approved Arrangements): If the holder of an approved arrangement ceases to operate the export business or manage export operations, they must notify the Secretary in writing as soon as practicable, including contact details (Section 188(1)).
  • Notice of changes to holder (Export Licences): The holder of an export licence must notify the Secretary in writing, as soon as practicable, after a change in business structure, individual insolvency, corporate administration/winding up, or change in trading name/address/contact details, or any other prescribed event (Section 219(1)).
  • Notification that goods not to be exported (Export Permits): Rules may require the holder of an export permit to notify the Secretary in writing if goods are no longer intended for export, in prescribed circumstances and within prescribed timeframes (Section 237).
  • Third party authorised officer disclosure of conflicts: A third party authorised officer must provide written notice to the Secretary of any acquired interest (pecuniary or otherwise) that conflicts or could conflict with their proper performance of functions or exercise of powers, as soon as practicable after acquiring the interest (Section 292(2), (3)).

• Record-Keeping and Reporting Requirements:

  • Approved Export Programs: Accredited veterinarians are required by rules to keep records and provide reports in connection with approved export programs (Section 316(a)).
  • General Records: The rules may require various persons involved in export operations or performing functions under the Act to retain records, specifying the kind, form, period, and secure retention methods (Section 408(1), (2)).
  • Non-significant variations (Approved Arrangements): The holder must make a written record of each non-significant variation and the reasons for it, by varying the text of the approved arrangement or creating a separate document, as soon as practicable after implementing it (Section 159(2)).
  • Reports about export of livestock: The Secretary must provide a report to the Minister within one month after each 6-month reporting period, containing information based on vessel master’s reports under Marine Orders regarding livestock carriage (Section 424(1)). This includes exporter name, loading/discharge details (month, year, port), voyage duration, livestock type/number loaded, total/percentage mortality for each type, and Secretary’s actions (Section 424(2)).

• Inspection and Audit Requirements:

  • Audits of Export Operations (Chapter 9, Part 1): The Secretary may require audits of export operations at accredited properties, registered establishments, or those covered by approved arrangements or export licences. Audits determine compliance with the Act, importing country requirements, approved arrangements/conditions, and correctness of information in certificates (Section 266(1), (2)). Audits may also be conducted for non-prescribed goods for which a government or tariff rate quota certificate has been issued, within 18 months of issuance (Section 266(4)).
  • Audits of Persons Performing Functions: The Secretary may require audits of persons performing functions or exercising powers under the Act (e.g., third party authorised officers, approved auditors, approved assessors, accredited veterinarians) (Section 267(1)).
  • Assistance for Audits: The “relevant person” for an audit (e.g., manager, occupier, holder, applicant) must provide the auditor with reasonably necessary facilities and assistance (Section 271).
  • Assessor Powers: An assessor (authorised officer or approved assessor) may request information or documents, take samples of goods/equipment, and arrange for testing/analysis during an assessment (Section 280(1)).
  • Assessment of Goods (Chapter 9, Part 2): The Secretary may require an assessment of goods to be carried out to verify compliance with the Act, importing country requirements, or the truthfulness of government certificate statements (Section 277(1), (3)). This applies for government certificates (Section 73) and export permits (Section 234).
  • Provision of facilities and assistance for assessments: An appropriate person for relevant premises (registered establishment or accredited property) entered for monitoring or searching must provide authorised officers and their assistants with all reasonable facilities and assistance for the effective exercise of their powers (Section 351(1)). The same applies for entry to adjacent premises (Section 342(1)).
  • Power to require information/documents (Secretary): The Secretary may, by written notice, require any person to provide information or documents related to exported or intended-to-be-exported prescribed goods, or non-prescribed goods for which certificates are applied for/issued (Section 285(1)).

• Time Frames:

  • Temporary Prohibition Determinations: Minister may prohibit export for up to 6 months (Section 24(1)). Variations to extend for further periods of up to 6 months (Section 25(1)).
  • Notice for proposed variations/suspensions/revocations: For certain Secretary-initiated variations, suspensions, or revocations, the affected party must be given 14 days to provide a written statement showing cause (Sections 90(4)©, 102(3)(b), 123(4)©, 138(3)(b), 161(2C)©, 165(4)©, 171(3)©, 179(3)(b), 199(6)©, 201(4)©, 205(3)©, 212(3)(b), 298(3)(b)).
  • Overdue Commonwealth liability: Secretary may suspend accreditation/registration/arrangement/licence if a relevant Commonwealth liability is more than 30 days overdue (Sections 95(1)(a), 128(1)(a), 172(1)(a), 206(1)(a)).
  • Revocation for unpaid liability: Secretary may revoke if liability not paid within 90 days after suspension starts (Sections 103(1)(b), 139(1)(b), 180(1)(b), 213(1)(b)).
  • Return of identity card: A person who ceases to be an authorised officer/approved auditor/prescribed person must return their identity card to the Secretary within 14 days (Section 307(1)).
  • Compensation claims: Claims for compensation for damaged/destroyed goods must be made within 12 months after damage/destruction (Section 420(3)).
  • Livestock export reports: Secretary must report to Minister within 1 month after end of each 6-month reporting period (Section 424(1)).

Metadata Keywords:

Export Control, Australian Agriculture, Livestock, Food Safety, Trade Regulations, Compliance, Accreditation, Licences, Audits, Government Certificates

Publication Information:

Publication date: 1 January 2025 Version number: Compilation No. 9

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2020A00012/2025-01-01/2025-01-01/text/original/pdf →