21Persons who manage or control export operations

21  Persons who manage or control export operations   For the purposes of this Act, a person is taken to be a person who manages or controls, or would manage or control, export operations if:  (a) the person has, or would have, authority to direct the export operations, or an important or substantial part of the export operations; or  (b) the person has, or would have, authority to direct another person who has, or would have, authority of the kind referred to in paragraph (a) in the exercise of that authority or proposed authority. Chapter 2—Exporting goods Part 1—Goods and exports 22  Simplified outline of this Part Certain goods are prohibited absolutely from being exported from Australian territory. These goods are called permanently prohibited goods. On and after 1 May 2028, sheep are prohibited from being exported from Australian territory by sea. Such exports are called permanently prohibited exports. The Minister may, by legislative instrument (a temporary prohibition determination), determine:  (a) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, is prohibited absolutely for a specified period of up to 6 months; or  (b) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, to a specified place is prohibited for a specified period of up to 6 months. The Minister may make a temporary prohibition determination only if the Minister is satisfied that the determination is necessary: A temporary prohibition determination may be varied to extend the temporary prohibition period for further periods of up to 6 months. The rules may prescribe kinds of goods (prescribed goods) for the purposes of this Act. In deciding whether to prescribe goods that are not animals, plants or food, the Secretary may have regard to relevant matters, including importing country requirements, sanitary matters, Australian laws and standards, Australia’s international rights and obligations and international standards. The rules may:  (a) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless conditions prescribed by the rules are complied with; or  (b) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, to a specified place unless conditions prescribed by the rules are complied with. A person may commit an offence or be liable to a civil penalty if:  (a) permanently prohibited goods, or goods in relation to which a temporary prohibition determination applies, are exported; or  (aa) goods are exported, and the export is a permanently prohibited export; or  (b) goods are exported, and intended to be imported into a particular place, and the export of the goods to that place is prohibited by a temporary prohibition determination; or  (c) goods are exported in contravention of prescribed export conditions; or  (d) the person makes false or misleading representations about goods that are entered for export. Division 2—Prohibited goods and exports Subdivision A—Permanently prohibited goods and exports 23  Goods that are prohibited from export absolutely   The export from Australian territory of split vetch (being split seed of Vicia sativa) is prohibited absolutely. Note 1: For Australian territory, see section 14. Note 2: Division 4 sets out offences and civil penalty provisions for exporting permanently prohibited goods. 23A  Goods that are prohibited from export by sea   On and after 1 May 2028, the export from Australian territory of sheep (including the young of that animal) by sea is prohibited. Note 1: For Australian territory, see section 14. Note 2: Division 4 sets out offences and civil penalty provisions for exporting sheep in contravention of this section. Subdivision B—Temporarily prohibited goods 24  Minister may temporarily prohibit export of goods from Australian territory, or from a part of Australian territory, for a period  (1) The Minister may, by legislative instrument, determine:  (a) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, is prohibited absolutely for a specified period of up to 6 months; or  (b) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, to a specified place is prohibited for a specified period of up to 6 months. Note 1: A determination that is in force under paragraph (1)(a) or (b) is called a temporary prohibition determination. Note 2: The temporary prohibition period may be extended under section 25. Note 3: For Australian territory, see section 14.  (2) The Minister may make a determination under paragraph (1)(a) or (b) only if the Minister is satisfied that the determination is necessary:  (3) A determination under paragraph (1)(a) or (b) must set out the reasons for making the determination. Note: Division 4 sets out offences and civil penalty provisions for exporting goods in relation to which a temporary prohibition determination applies.