Export Control Act 2020

The Export Control Act 2020 is the Commonwealth Act that regulates the export of goods from Australia. Its focus is on agricultural products, food, and other goods that are subject to importing country market access requirements. The Act provides the statutory framework for ensuring that Australian exports meet relevant standards, that trade descriptions are accurate, and that goods are traceable and can be recalled if necessary.

The Act's four stated objects (section 3) are:

to ensure exported goods meet importing country requirements to enable and maintain overseas market access;
to ensure the integrity of exported goods;
to ensure that trade descriptions for exported goods are accurate;
to give effect to Australia's rights and obligations under international agreements relating to goods exported from Australia.

The Act replaced earlier export control legislation (primarily the Export Control Act 1982 and associated regulations) with a more modern framework. The current compilation is No. 9, incorporating amendments up to Act No. 60, 2024, with a compilation date of 1 January 2025.

The Act establishes a layered compliance system: prohibitions identify goods that cannot be exported or can only be exported under conditions; accreditation and registration regimes apply to producers and processors; approved arrangements allow industry to self-manage compliance; and licences and permits are required for authorised export. Chapters 9 and 10 provide extensive enforcement powers and compliance tools.

Prescribed goods. Goods specified in the rules as subject to the export control framework. The rules determine which goods are prescribed and may impose conditions on their export. Agricultural products, meat, dairy, fish, grain, and live animals are examples of product categories typically prescribed.

Export operations. Defined under section 16 to include activities that produce, prepare, or otherwise deal with goods for the purpose of export. This is a broad concept that captures processing, packaging, and handling activities up to and including the export of the goods.

Accredited property. A property (such as a farm or other primary production facility) that has been accredited under Chapter 3. Accreditation is required for the export of prescribed goods produced at the property. The Secretary grants accreditation on application (section 91) and may vary, suspend, or revoke it.

Registered establishment. A facility where prescribed goods are processed (such as an abattoir, processing plant, or cold storage facility) that has been registered under Chapter 4. Registration is the primary compliance instrument for processing facilities.

Approved arrangement. An arrangement approved under Chapter 5 that describes how an operator will manage compliance with export control requirements at their facility. An approved arrangement is the primary instrument for maintaining ongoing compliance at registered establishments and for export licences.

Export licence. A licence issued under Chapter 6 authorising a person to export prescribed goods. An export licence is required for most major export activities and is the vehicle through which the Secretary manages compliance and imposes conditions.

Export permit. An instrument issued under Chapter 7 for a particular consignment of prescribed goods. An export permit certifies that the goods in a specific consignment meet the required conditions for export. Permits are consignment-specific, in contrast to licences which are ongoing.

Government certificate. A document issued by the Secretary under Chapter 2, Part 3 certifying that goods meet the requirements of the importing country. Government certificates are required by many countries as a condition of market access.

Temporary prohibition determination. A legislative instrument made by the Minister under section 24 prohibiting the export of specified goods from Australian territory for up to 6 months, or prohibiting export to a specified place for up to 6 months. The Minister may only make a determination if satisfied it is necessary to protect human, animal or plant life or health, or to secure compliance with an Australian law.

Permanently prohibited goods. Goods specified under section 23 as absolutely prohibited from export, and goods specified under section 23A as prohibited from export by sea.

Integrity. Defined under section 18 to mean the quality, condition, and characteristics of goods, including compliance with relevant standards. The Act's concern with integrity is central to its market access objective.

Agricultural producers and primary producers: Operators of farms, fishing operations, aquaculture facilities, and other primary production businesses that produce prescribed goods for export must obtain accreditation for their properties (Chapter 3).

Food and agricultural processors and manufacturers: Businesses operating abattoirs, meatworks, canneries, processing plants, and other facilities where prescribed goods are processed must register those establishments (Chapter 4).

Export businesses and traders: Any person who exports prescribed goods from Australia must hold an export licence (Chapter 6) and obtain an export permit for each consignment (Chapter 7).

Supply chain participants: Persons who convey, store, or handle prescribed goods that are entered for export may be subject to compliance obligations and are liable for offences relating to prohibited exports.

Biosecurity and border officials: The Act gives Australian Border Force officers and biosecurity officers powers to exercise inspection and enforcement functions under Chapter 9. Department of Agriculture, Water and the Environment inspectors have extensive powers including entry and search, examination, and seizure.

Importers in other countries: Indirectly affected, as the Act's framework determines the market access conditions and government certification that allows Australian goods to enter foreign markets.

Export licence holders: Must comply with the conditions of their export licence (section 192). Conditions may include requirements about how goods are produced, managed, documented, and exported. Must maintain approved arrangements (Chapter 5) where required.

Registered establishment operators: Must comply with conditions of registration (Chapter 4) and maintain approved arrangements where required. Must cooperate with inspectors and provide access.

Accredited property managers: Must comply with accreditation conditions (Chapter 3) and must notify the Secretary of relevant changes.

Exporters generally: Must not export goods that are prohibited (Chapter 2, Division 2). Must obtain and comply with government certificates (Chapter 2, Part 3) where required by the importing country. Must enter goods for export in compliance with applicable requirements.

Persons dealing with prescribed goods: Must not produce, prepare, convey, or possess prescribed goods in contravention of applicable conditions (sections 46 and 47). Must not make false or misleading representations about prescribed goods entered for export (sections 48 to 50).

Bodies corporate: Face higher maximum civil penalties under section 50A when the contravention is committed by a body corporate. The Act's tiered penalty structure treats body corporate contravention differently from individual contravention.

Secretary of the Department of Agriculture, Water and the Environment: The central regulatory official. May grant accreditation (section 91), issue export licences (section 191), grant export permits, and issue government certificates. May impose conditions on these instruments. May vary, suspend, or revoke accreditation (Chapters 3 and 4 Division powers), licences (Chapter 6), and permits. May approve alternative regulatory arrangements under Part 1A of Chapter 11.

Minister: May make temporary prohibition determinations for up to 6 months (section 24). May vary such determinations (section 25). May make rules prescribing goods and conditions of export (sections 28, 29).

Inspectors and biosecurity officers (Chapter 9): Have extensive powers to enter premises, inspect goods and records, take samples, require production of documents, and exercise ancillary powers. Chapter 9 provides the full range of modern regulatory enforcement powers.

Chapter 10 (compliance and enforcement): Provides for infringement notices, enforceable undertakings, injunctions, and civil penalty orders. The Act uses both criminal and civil enforcement pathways.

Criminal penalties (tiered by intent and consequences):

Basic contravention (strict liability): typically 60 penalty units
Fault-based offence (basic): imprisonment for 8 years or 480 penalty units, or both
Offence with intention to obtain commercial advantage: imprisonment for 8 years or 480 penalty units, or both (with higher civil penalties)
Offence causing or potentially causing economic consequences for Australia: imprisonment for 10 years or 2,000 penalty units, or both (per sections 32, 36, 40)

Civil penalties:

Individual contravention (basic): 960 penalty units
Individual contravention (with economic consequences): 4,000 penalty units
Body corporate contravention: amounts set under section 50A (higher than individual amounts)

The Act uses strict liability for specific physical elements of offences (such as the fact that a prohibition determination applies) while maintaining fault elements for the primary conduct.

Alternative verdicts (Chapter 2, Division 4): Courts may find a defendant not guilty of the more serious economic-consequences offence but guilty of the basic offence, provided procedural fairness is accorded.

Accreditation applications (Chapter 3): Application to Secretary. Secretary must decide whether to grant. Accreditation is ongoing subject to conditions and renewal.

Registration applications (Chapter 4): Application to Secretary. Secretary must decide. Registration is ongoing subject to conditions.

Export licence applications (Chapter 6): Application under section 190. Secretary must decide (section 191). Licences have a specified period of effect (section 194). May be renewed (Part 3), varied (Part 4), or suspended (Part 5).

Export permit applications (Chapter 7): Consignment-specific. Application must meet requirements. Issued for specific consignments.

Government certificate applications (Chapter 2, Part 3): Application under the rules. Certificate issued if conditions met.

Temporary prohibition determination (sections 24 to 27): Made by legislative instrument. Maximum period 6 months. May be varied. Prevails over inconsistent rules.

Review of decisions (Chapter 11, Part 2): Reviewable decisions are listed in section 381. Internal review available before AAT or court review.

Alternative regulatory arrangements (Chapter 11, Part 1A): Application under section 379B. Secretary must decide whether to approve.

Export Control Rules: The Act extensively delegates rule-making power to the Department. The rules prescribe which goods are "prescribed goods", set export conditions, and provide the operational detail of the regulatory scheme. The Act without the rules is skeletal; the rules contain most of the substantive compliance requirements for specific product categories.

Biosecurity Act 2015: Biosecurity officers appointed under the Biosecurity Act 2015 may exercise powers under Chapter 9 of this Act. The two Acts have overlapping enforcement personnel.

Australian Border Force Act 2015: ABF officers may also exercise powers under Chapter 9.

Competition and Consumer Act 2010: The prohibition on making false or misleading representations about prescribed goods entered for export (sections 48 to 50) overlaps with the general misleading conduct prohibitions in the Australian Consumer Law. The Export Control Act provisions are specific to the export context.

International agreements: Section 3(d) confirms that one of the Act's objects is to give effect to international agreements relating to exports. Importing country requirements that are incorporated into the rules may derive from bilateral or multilateral agreements.

State and Territory laws: Section 11 confirms that the Act does not, by necessary implication, exclude or limit the concurrent operation of State and Territory laws dealing with the production, preparation, storage, or transport of goods.

The substantive conditions for most goods are in the rules, not the Act. A practitioner or compliance officer advising an exporter must consult the Export Control Rules (and any commodity-specific rules such as the Export Control (Meat and Meat Products) Rules) rather than the Act alone. The Act provides the framework and the penalties; the rules provide the specific requirements for each product category.

The Act covers the full supply chain, not just the moment of export. Sections 46 and 47 create offences for producing or preparing prescribed goods at premises in contravention of conditions, even before the goods are exported. Compliance obligations begin at the farm or processing facility, not at the port.

Strict liability applies to key physical elements of offences. A person who exports prohibited goods without knowing the prohibition applies may still commit a strict liability offence. The Act makes the fact of prohibition strictly liable while requiring fault for the primary conduct (exporting the goods). This is important for compliance training and supply chain management.

Body corporate penalties are substantially higher under section 50A. The civil penalty amounts stated in the offence provisions are the individual amounts; bodies corporate face higher penalties under section 50A. Entities organising their export operations through corporate structures should factor this into compliance planning.

Temporary prohibition determinations can take effect almost immediately. Section 24 allows the Minister to prohibit exports by legislative instrument for up to 6 months if necessary to protect health or secure compliance with an Australian law. The effect on existing government certificates and export permits is addressed in section 26. Exporters with contracts in transit should monitor for temporary prohibition determinations.

Meat exporter compliance: An abattoir registered under Chapter 4 that processes beef for export to Japan must comply with: registration conditions for its establishment, an approved arrangement under Chapter 5, an export licence under Chapter 6, and individual export permits for each consignment under Chapter 7. If the abattoir fails to comply with its approved arrangement, the Secretary may suspend its registration under Chapter 4's Division 2 suspension powers.

Temporary prohibition response: The Minister makes a temporary prohibition determination prohibiting the export of fresh stone fruit to a specified country following a detection of a regulated pest. An exporter with goods already entered for export under an export permit is affected by section 26, which addresses the effect of a temporary prohibition on existing instruments. The determination prevails over inconsistent rules under section 27.

False trade description offence: A seafood exporter labels a consignment as having a species designation it does not have (a false representation about the nature of prescribed goods entered for export). This engages sections 48 to 50, which carry penalties of up to 960 penalty units (civil) or imprisonment for the fault-based offence.

Economic consequences offence: A person exports a large quantity of agricultural goods to a country that has prohibited Australian imports under a sanitary measure, intending to evade the prohibition. If the export causes or has the potential to cause economic consequences for Australia (for example, by triggering retaliatory trade measures or undermining the regulatory framework that underpins other market access), sections 32, 36, 40, or 44 may apply, carrying up to 10 years imprisonment or 2,000 penalty units.

Export Control Act 2020

Plain English Summary

Deep Dive

What it does

Main concepts

Current sections

Official source available

Who it affects

Key obligations

Powers and discretions

Penalties and enforcement

Process and timelines

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