4Simplified outline of this Act

4  Simplified outline of this Act

This Act creates a framework for regulating the export of goods, including agricultural products and food, from Australian territory.

This Act includes provisions about the application of this Act and the relationship of this Act with State and Territory laws.

Certain goods are prohibited from being exported from Australian territory, either absolutely or by sea.

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:

The rules may prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless prescribed conditions are complied with. Conditions may be prescribed for the purpose of ensuring that importing country requirements are met or government or industry standards or requirements are complied with, or to give effect to Australia’s international obligations. The rules may require, for example:

 (a) export operations in relation to prescribed goods to be carried out at an accredited property or a registered establishment, or in accordance with an approved arrangement or an export licence; or

 (b) a person to hold an approved arrangement or an export licence covering prescribed goods; or

 (c) a trade description or an official mark to be applied to certain goods; or

 (d) a notice of intention to export a consignment of prescribed goods to be given; or

 (e) a government certificate or an export permit to be in force for certain goods.

The Secretary may grant an exemption from one or more provisions of this Act in relation to prescribed goods that are to be exported in certain circumstances.

A government certificate may be issued in relation to prescribed goods and non‑prescribed goods that are to be, or that have been, exported.

The rules may make provision for and in relation to the establishment and administration of a system, or systems, of tariff rate quotas for the export of certain goods.

Authorised officers (including third party authorised officers) and other persons may exercise certain powers, including the following: