{"id":"F2021L00302","name":"Export Control (Miscellaneous) Rules 2021","slug":"export-control-miscellaneous-rules-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101415,"registerId":"commonwealth-F2021L00302-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1‑1 Name","sectionType":"section","heading":"1‑1 Name","content":"#### 1‑1 Name\n\n  This instrument is the Export Control (Miscellaneous) Rules 2021.","sortOrder":1},{"sectionNumber":"1‑3 Authority","sectionType":"section","heading":"1‑3 Authority","content":"#### 1‑3 Authority\n\n  This instrument is made under the Export Control Act 2020.","sortOrder":2},{"sectionNumber":"1‑4 Definitions","sectionType":"section","heading":"1‑4 Definitions","content":"#### 1‑4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) government certificate;\n    (b) non‑prescribed goods;\n    (c) Regulatory Powers Act;\n    (d) relevant information.\n  In this instrument:\n\n> Act means the Export Control Act 2020, and includes:\n\n    (a) legislative instruments made under the Export Control Act 2020; and\n    (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Decisions that may be made by computer program","content":"## Part 2—Decisions that may be made by computer program","sortOrder":4},{"sectionNumber":"2‑1 Decisions that may be made by operat","sectionType":"section","heading":"2‑1 Decisions that may be made by operation of computer program","content":"#### 2‑1 Decisions that may be made by operation of computer program\n\n  Kinds of decisions\n  (1) For the purposes of paragraph 286(2)(a) of the Act and subject to subsection (2), a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to a kind of non‑prescribed goods may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 286(1) of the Act.\n  (2) Subsection (1) applies in relation to a decision only if no other rules prescribed for the purposes of paragraph 286(2)(a) of the Act apply in relation to the decision.\n\n> Note: Example: This section does not apply in relation to a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to non‑prescribed plants or plant products because this decision is prescribed by section 9‑17 of the Export Control (Plants and Plant Products) Rules 2021.\n\n  Persons who may use computer program\n  (3) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section:\n    (a) a person applying for a government certificate in relation to a kind of non‑prescribed goods under subsection 65(1) of the Act;\n    (b) an APS employee in the Department;\n    (c) a person performing services for the Department under a contract;\n  if the Secretary has given the person a unique identifier to enable the person to access the computer program.\n  Conditions of use of computer program\n  (4) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (3) of this section must:\n    (a) be satisfied on reasonable grounds that information entered into the computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and\n    (b) ensure that the information is accurately entered into the computer program.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Information management","content":"## Part 3—Information management","sortOrder":6},{"sectionNumber":"3‑2 Use or disclosure of relevant inform","sectionType":"section","heading":"3‑2 Use or disclosure of relevant information by analysts","content":"#### 3‑2 Use or disclosure of relevant information by analysts\n\n  (1) This section prescribes, for the purposes of section 397E of the Act, matters relevant to the use or disclosure of relevant information by analysts.\n  Prescribed class of persons\n  (2) For the purposes of paragraphs 397E(1)(a) and (2)(a) of the Act, the class of persons consisting of persons appointed as analysts under subsection 413(1) of the Act is prescribed.\n  Prescribed purposes for which information may be used or disclosed\n  (3) For the purposes of paragraphs 397E(1)(b) and (2)(b) of the Act, the following purposes, for the use or disclosure of relevant information, are prescribed:\n    (a) performing functions or duties, or exercising powers, under the Act;\n    (b) assisting another person to perform functions or duties, or to exercise powers, under the Act.\n  Prescribed kinds of information that may be used or disclosed\n  (4) For the purposes of paragraphs 397E(1)(c) and (2)(c) of the Act, the kind of information that is relevant information is prescribed.\n  Specified legislative powers\n  (5) For the purposes of subsection 397E(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:\n    (a) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\n    (b) matters incidental to the execution of any of the legislative powers of the Parliament (within the meaning of paragraph 51(xxxix) of the Constitution).","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Fit and proper person test","content":"## Part 4—Fit and proper person test","sortOrder":8},{"sectionNumber":"4‑1 Fit and proper persons","sectionType":"section","heading":"4‑1 Fit and proper persons","content":"#### 4‑1 Fit and proper persons\n\n  (1) For the purposes of paragraph 372(2)(j) of the Act, this section prescribes other matters the Secretary must have regard to in determining whether a person is a fit and proper person for the purposes of the provisions mentioned in, or prescribed under, subsection 372(1) of the Act.\n  (2) A prescribed matter is whether the person or an associate of the person gave false or misleading information or documents to the Secretary, or to another person, performing functions or duties or exercising powers under:\n    (a) the repealed Export Control Act 1982; or\n    (b) the repealed Part 2 of the Australian Meat and Live‑stock Industry Act 1997.\n\n> Note 1: The Export Control Act 1982 was repealed on 28 March 2021 by Schedule 1 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.\n\n> Note 2: Part 2 of the Australian Meat and Live‑stock Industry Act 1997 was repealed on 28 March 2021 by Schedule 2 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 5—Application, saving and transitional provisions","sortOrder":10},{"sectionNumber":"5‑1 Amendments made by the Export Contro","sectionType":"section","heading":"5‑1 Amendments made by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024","content":"#### 5‑1 Amendments made by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024\n\n  (1) Section 3‑2, as inserted by the Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024 (the amending instrument), applies in relation to information obtained or generated before, on or after the day (the commencement day) the amending instrument commences.\n  (2) To avoid doubt, the repeal of Part 4 by the amending instrument applies on or after the commencement day in relation to an application made under section 111, 116, 120, 150, 155, 190 or 195 of the Act, but not determined, before that day.","sortOrder":11},{"sectionNumber":"5‑2 Amendments made by the Export Contro","sectionType":"section","heading":"5‑2 Amendments made by the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025","content":"#### 5‑2 Amendments made by the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025\n\n  Section 4‑1, as inserted by Part 2 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025, applies in relation to applications made that require a determination under section 372 of the Act on or after the day on which that Part commences.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument’s effective scope is altered by its transitional provisions. Section 3-2 (analyst information rules) is declared to apply to information obtained or generated before, on or after the 2024 amending instrument’s commencement day (5-1(1)). The repeal of Part 4 by that amending instrument applies to certain applications made but not determined before commencement (5-1(2)). Separately, section 4-1 (fit and proper matters) as inserted by the 2025 amending instrument applies to applications requiring a determination under section 372 on or after that Part’s commencement (5-2). These clauses change temporal application and which pending or future applications are covered."},"complexity_factors":["Cross-references to primary Act and other legislative instruments (Act defined to include Export Control Act 2020, legislative instruments and the Regulatory Powers Act) (1-4).","Delegation of decisions to authorised computer programs with conditional use, unique identifier access by Secretary, and exclusion where other prescribed rules apply (2-1(1)–(4)).","Requirement that users ensure truth and accurate entry of information into computer program—creates direct compliance obligations and potential liability for applicants, APS employees and contractors (2-1(3)–(4)).","Prescribing a class of analysts and narrowly defined purposes and kinds of relevant information for disclosure, including explicit specification of constitutional heads of power (3-2(2)–(5)).","Fit and proper person test limited to one additional prescribed matter (giving false or misleading information under repealed Acts) but tied to historical conduct under repealed statutes—introduces evidential and temporal complexity (4-1(2)).","Transitional and commencement rules that alter temporal scope of provisions and apply differently to applications depending on timing and whether matters are determined, including interaction with subsequent amending instruments (5-1, 5-2).","Potential for internal administrative discretion (Secretary provides unique identifiers; Department contracts permit access) balanced against accuracy obligations—creates governance and access-control complexity (2-1(3)–(4)).","Interaction with other prescribed rules (explicit non-application where specific rules exist, e.g. plants/plant products) requires cross-checking multiple instruments (2-1 note)."],"plain_english_summary":"Mechanically, these Rules add procedural detail under the Export Control Act 2020: they permit specified government‑certificate decisions to be made by authorised computer programs (with access and accuracy conditions), prescribe how appointed analysts may use or disclose export‑related information for Act functions, add a fit‑and‑proper consideration about providing false or misleading information under earlier export laws, and set transitional timing for later amendments. Affects certificate applicants, departmental staff and contractors, analysts, and persons subject to fit‑and‑proper assessments; main issues are automation, information use, compliance burden and commencement timing."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose as a miscellaneous supplementary instrument under the Export Control Act 2020. The 2024 and 2025 amendments (reflected in Part 5) are minor technical updates regarding application dates and do not represent scope creep. The instrument continues to address specific operational gaps (automation, information handling, character assessment) rather than expanding into new policy areas."},"complexity_factors":["Short length (approximately 5 operative parts with minimal subsections)","Minimal defined terms (only 4 expressions referenced from parent Act, plus 'Act' definition)","Limited cross-referencing (primarily references to specific sections of Export Control Act 2020 and amending instruments)","Straightforward conditional logic (simple 'if/then' structures in sections 2-1 and 4-1)","No nested exceptions or complex definitional chains","Clear structural separation into thematic parts (computer decisions, information management, fit and proper person, transitional provisions)"],"plain_english_summary":"This instrument implements operational detail for the Export Control Act 2020: it permits automated issuance of some export certificates, sets rules for how analysts may use and disclose export-related information, applies a “fit and proper person” check that can consider past misleading conduct under predecessor export laws, and settles transitional timing for those changes. \n\nIt affects Australian exporters (especially for non‑prescribed goods), department staff and contractors, analysts handling export data, and licence applicants — enabling automation while protecting data use and system integrity."}},"importantCases":[],"_links":{"self":"/api/acts/export-control-miscellaneous-rules-2021","history":"/api/acts/export-control-miscellaneous-rules-2021/history","analysis":"/api/acts/export-control-miscellaneous-rules-2021/analysis","conflicts":"/api/acts/export-control-miscellaneous-rules-2021/conflicts","importantCases":"/api/acts/export-control-miscellaneous-rules-2021/important-cases","documents":"/api/acts/export-control-miscellaneous-rules-2021/documents"}}