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Export Control Act 2020
317Strict liability offence—failure to remedy deficiency in carrying out approved export program
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317 Strict liability offence—failure to remedy deficiency in carrying out approved export program
318 Offence—failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program
319 Strict liability offence—contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination
320 Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program
321 Strict liability offence—contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.
Division 4—Extended geographical operation of offences
322 Extended geographical operation of offences
Chapter 10—Compliance and enforcement
323 Simplified outline of this Part
324 Modified meaning of authorised officer
Part 2—Monitoring
325 Simplified outline of this Part
Division 2—Monitoring under Part 2 of the Regulatory Powers Act
326 Basic monitoring powers under Part 2 of the Regulatory Powers Act
327 Modifications of Part 2 of the Regulatory Powers Act
Part 3—Investigation
328 Simplified outline of this Part
Division 2—Investigating under Part 3 of the Regulatory Powers Act
329 Basic investigation powers under Part 3 of the Regulatory Powers Act
330 Modifications of Part 3 of the Regulatory Powers Act
Part 4—Entry to adjacent premises
331 Simplified outline of this Part
332 Modified meaning of premises
Division 2—Entering adjacent premises to gain access to other premises
333 Entering adjacent premises to gain access to other premises
334 Entry under adjacent premises warrant
Division 3—Adjacent premises warrants
335 Application and issue of adjacent premises warrant
Division 4—Obligations and powers of authorised officers
336 Consent
337 Announcement before entry under warrant
338 Authorised officer to be in possession of warrant
339 Details of warrant etc. to be provided
340 Use of force in executing a warrant
Division 5—Appropriate person’s rights and responsibilities
341 Right to observe execution of warrant
342 Responsibility to provide facilities and assistance
Division 6—Powers of issuing officers
343 Powers of issuing officers
Part 5—Entering and exercising powers on premises without a warrant or consent
344 Simplified outline of this Part
345 Premises to which this Part applies
Division 2—Monitoring and searching relevant premises
346 Monitoring relevant premises
347 Offence‑related searches and seizures
Division 3—Obligations and powers of authorised officers
348 Announcement before entry
349 Use of force in entering premises
Division 4—Appropriate person’s rights and responsibilities
350 Right to observe exercise of powers
351 Responsibility to provide facilities and assistance
Part 6—Powers in emergency situations
352 Simplified outline of this Part
Division 2—Powers that may be exercised in or on premises in emergency situations
353 Securing evidential material without consent or warrant in emergency situation
354 Stopping and searching conveyance without warrant in emergency situation
Part 7—Civil penalties
355 Simplified outline of this Part
Division 2—Civil penalties under Part 4 of the Regulatory Powers Act
356 Basic operation of civil penalties under Part 4 of the Regulatory Powers Act
Part 8—Infringement notices
358 Simplified outline of this Part
Division 2—Infringement notices under Part 5 of the Regulatory Powers Act
359 Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
360 Modifications of Part 5 of the Regulatory Powers Act
Part 9—Enforceable undertakings
361 Simplified outline of this Part
Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act
362 Enforceable undertakings
Part 10—Injunctions
363 Simplified outline of this Part
Division 2—Injunctions under Part 7 of the Regulatory Powers Act
364 Injunctions
Part 10A—Liability of executive officers and adverse publicity orders
364A Simplified outline of this Part
364B Criminal liability for executive officers of bodies corporate
364C Civil liability for executive officers of bodies corporate
364D Civil penalty—indemnification of executive officers
364E Certain indemnities not authorised and certain documents void
364F Adverse publicity orders
Part 11—Miscellaneous
365 Simplified outline of this Part
Division 2—Persons assisting authorised officers
366 Persons assisting authorised officers
Division 3—Civil penalty provisions for false or misleading information or documents
367 Civil penalty provision for false or misleading statements in applications
368 Civil penalty provision for false or misleading information
369 Civil penalty provision for false or misleading documents
Division 4—General rules about offences and civil penalty provisions
370 Physical elements of offences
371 Contravening an offence provision or a civil penalty provision
Division 5—Fit and proper person test
372 Fit and proper person test
373 Rules may prescribe kinds of persons that are required to be fit and proper persons for the purposes of Chapter 5 or 6
374 Notification of conviction of offence or order to pay pecuniary penalty
Chapter 11—Miscellaneous
Part 1—Matters relating to applications
375 Simplified outline of this Part
Division 2—Matters relating to certain applications
376 Applications to which this Division applies
377 Requirements for applications
378 Additional or corrected information
379 Dealing with applications
Part 1A—Alternative regulatory arrangements
379A Simplified outline of this Part
Division 2—Alternative regulatory arrangements
379B Application to approve alternative regulatory arrangement
379C Secretary must decide whether to approve alternative regulatory arrangement
Part 2—Review of decisions
380 Simplified outline of this Part
Division 2—Review of decisions
381 Reviewable decisions
382 Notice of decision
383 Internal review of reviewable decisions
384 Secretary may require further information from applicants
385 Review by the Administrative Review Tribunal
386 Review of decisions relating to tariff rate quota entitlements or tariff rate quota certificates
Part 3—Information management
387 Simplified outline of this Part
Division 2—Authorised uses and disclosures of relevant information
388 Use or disclosure for the purposes of this Act
389 Disclosure to foreign governments etc. for export, trade and other purposes
390 Use or disclosure for the purposes of certain Acts
391 Disclosure to a Commonwealth entity
392 Disclosure to a court, tribunal etc.
393 Disclosure for the purposes of law enforcement
394 Use or disclosure for research, policy development or data analysis
395 Use or disclosure of statistics
396 Use or disclosure of publicly available information
397 Disclosure to person to whom information relates
397A Use or disclosure with consent
397B Disclosure to person who provided information
397C Disclosure to State or Territory body
397D Use or disclosure to manage severe and immediate threats
397E Use or disclosure authorised by rules
Division 3—Protected information
397F Meaning of protected information
397G Offence and civil penalty—use or disclosure of protected information
Part 4—Cost recovery
398 Simplified outline of this Part
Division 2—Fees
399 Fees and other rules for fee‑bearing activities
Division 3—Payment of cost‑recovery charges
400 Paying cost‑recovery charges
401 Person liable to pay cost‑recovery charges
402 Notional payments by the Commonwealth
Division 4—Unpaid cost‑recovery charges
403 Late payment fee
404 Recovery of cost‑recovery charges
405 Secretary may remit or refund cost‑recovery charges
406 Secretary may direct that activities not be carried out
Part 5—Records
407 Simplified outline of this Part
Division 2—Records
408 Requirements to retain records
Part 6—Miscellaneous
409 Simplified outline of this Part
Division 2—Taking, testing and analysing samples
410 Methods for taking, testing and analysing certain samples
411 Storage of samples
412 Test or analysis may result in destruction or reduction in value of sample
413 Appointment of analyst
414 Analyst may give certificate
415 Admission of analyst’s certificate in proceedings
Division 3—Forfeiture of goods
416 Forfeiture of goods
Division 4—Damaged and destroyed goods etc.
417 Person complying with direction or request must not damage or destroy goods
418 Goods seized in certain circumstances may be destroyed
419 Compensation for damaged or destroyed goods
420 Claims for, and amount of, compensation
Division 5—Partnerships, unincorporated associations and trusts
421 Treatment of partnerships
422 Treatment of unincorporated associations
423 Treatment of trusts
Division 6—Matters relating to export of livestock
424 Report to Parliament about export of livestock
Division 6A—Assistance in relation to the phasing out of the export of live sheep by sea
Subdivision A—Arrangements and grants
424A Arrangements and grants in relation to the phasing out of the export of live sheep by sea
424B Executive power of the Commonwealth
424C Inclusion of information in annual reports
424D Delegation
Subdivision B—Programs
424E Programs in relation to the phasing out of the export of live sheep by sea
424F Arrangements in relation to prescribed programs
424G Terms and conditions for arrangements in relation to prescribed programs
424H Delegation
424J Inclusion of information in annual reports
424K Executive power of the Commonwealth
424L Relationship of this Subdivision with the Public Governance, Performance and Accountability Act 2013
Division 7—Miscellaneous
425 Compensation for acquisition of property
426 Privilege against self‑incrimination
427 Hindering compliance with the Act etc.
427A Influencing a person performing functions or duties or exercising powers
428 Power or requirement to do or cause a thing to be done
429 Arrangements with States and Territories to assist in carrying out this Act
430 Protection from civil proceedings
431 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
432 Rules
Endnotes
An Act to provide for the control of the export of certain goods, and for related purposes