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