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Act No. 48 of 1982 as made
An Act to make certain amendments consequent upon the enactment of the Export Control Act 1982
Administered by: Agriculture
Date of Assent 09 Jun 1982
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

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Export Control (Miscellaneous Amendments) Act 1982

No. 48 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1.           Short title

2.           Commencement

PART II—AMENDMENT OF THE AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973

3.           Principal Act

4.           Repeal of section 39 and substitution of new section—

39.         Operation of certain laws not affected

PART III—AMENDMENT OF THE AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978

5.           Principal Act

6.           Repeal of section 38 and substitution of new section—

38.         Operation of certain laws not restricted

PART IV—AMENDMENT OF THE AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977

7.           Principal Act

8.           Repeal of section 51 and substitution of new section—

51.         Operation of certain laws not restricted


 

TABLE OF PROVISIONS—continued

Section

PART V—AMENDMENT OF THE AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980

9.           Principal Act

10.         Repeal of section 45 and substitution of new section—

45.         Operation of certain laws not restricted

PART VI—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905

11.         Principal Act

12.         Interpretation

13.         Notice of intention to export

14.         Insertion of new section—

10a.      Application of Part

15.         Prohibition of exports not bearing the prescribed trade description

16.         Penalty for applying false trade description to exports

17.         Exportation of falsely marked goods

18.         Review of decisions

PART VII—AMENDMENT OF THE CUSTOMS ACT 1901

19.         Principal Act

20.         Interpretation

21.         Smuggling and unlawful importation and exportation

22.         Unlawful exportation of food

23.         Regulations

PART VIII—AMENDMENT OF THE DAIRY PRODUCE ACT 1924

24.         Principal Act

25.         Repeal of section 19a and substitution of new section—

19a.      Operation of certain laws not affected

PART IX—AMENDMENT OF THE DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

26.         Principal Act

27.         Interpretation

28.         Inspecting officer to certify inspection on export notice, &c.

PART X—AMENDMENT OF THE EDIBLE OILS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

29.         Principal Act

30.         Interpretation

31.         Inspecting officer to certify inspection on export notice, &c.

PART XI—AMENDMENT OF THE EGG EXPORT CONTROL ACT 1947

32.         Principal Act

33.         Repeal of section 16 and substitution of new section—

16.         Operation of certain laws not affected

PART XII—AMENDMENT OF THE EGGS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

34.         Principal Act

35.         Interpretation

36.         Inspecting officer to certify inspection on export notice, &c.

TABLE OF PROVISIONS—continued

Section

PART XIII—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) ACT 1981

37.         Principal Act

38.         Interpretation

39.         Regulations

PART XIV—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) COLLECTION ACT 1981

40.         Principal Act

41          Interpretation

42.         Due date for payment

PART XV—AMENDMENT OF THE HONEY (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

43.         Principal Act

44.         Interpretation

45.         Inspecting officer to certify inspection on export notice, &c.

PART XVI—AMENDMENT OF THE HONEY INDUSTRY ACT 1962

46.         Principal Act

47.         Repeal of section 31 and substitution of new section—

31          Operation of certain laws not restricted

PART XVII—AMENDMENT OF THE LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) ACT 1979

48.         Principal Act

49.         Title

50.         Interpretation

PART XVIII—REPEAL OF THE MEAT EXPORT (PENALTIES) ACT 1981

51.         Principal Act

52.         Repeal

PART XIX—AMENDMENT OF THE TOBACCO MARKETING ACT 1965

53.         Principal Act

54.         Repeal of section 27 and substitution of new section—

27.         Operation of certain laws not restricted

PART XX—AMENDMENT OF THE WHEAT MARKETING ACT 1979

55.         Principal Act

56.         Unauthorized dealings with wheat



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Export Control (Miscellaneous Amendments) Act 1982

No. 48 of 1982

 

An Act to make certain amendments consequent upon the enactment of the Export Control Act 1982

[Assented to 9 June 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Export Control (Miscellaneous Amendments) Act 1982.

Commencement

2. This Act shall come into operation on the day on which the Export Control Act 1982 comes into operation.

PART II—AMENDMENT OF THE AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973

Principal Act

3. The Australian Apple and Pear Corporation Act 19731 is in this Part referred to as the Principal Act.

4. Section 39 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not affected

“39. Nothing in this Act or the regulations affects the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART III—AMENDMENT OF THE AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978

Principal Act

5. The Australian Dried Fruits Corporation Act 19782 is in this Part referred to as the Principal Act.

6. Section 38 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not restricted

“38. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART IV—AMENDMENT OF THE AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977

Principal Act

7. The Australian Meat and Live-stock Corporation Act 19773 is in this Part referred to as the Principal Act.

8. Section 51 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not restricted

“51. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART V—AMENDMENT OF THE AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980

Principal Act

9. The Australian Wine and Brandy Corporation Act 19804 is in this Part referred to as the Principal Act.

10. Section 45 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not restricted

“45. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART VI—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905

Principal Act

11. The Commerce (Trade Descriptions) Act 19055 is in this Part referred to as the Principal Act.

Interpretation

12. Section 3 of the Principal Act is amended—

(a) by omitting the definition of “Officer” and substituting the following definition:

“‘Officer’ means an officer of Customs.”; and

(b) by omitting the definition of “The Secretary”.

Notice of intention to export

13. Section 6 of the Principal Act is amended by omitting “, or to the Department of Primary Industry,”.

14. Before section 11 of the Principal Act the following section is inserted in Part IV:

Application of Part

“10a. This Part does not apply in relation to goods that are prescribed goods within the meaning of the Export Control Act 1982.”.

Prohibition of exports not bearing the prescribed trade description

15. Section 11 of the Principal Act is amended—

(a) by omitting from sub-section (2) “Secretary” and substituting “Comptroller-General of Customs”;

(b) by omitting from sub-section (2) “of State for Primary Industry”;

(c) by omitting from sub-section (3) “Secretary” (wherever occurring) and substituting “Comptroller-General of Customs”; and

(d) by omitting from sub-section (3) “of State for Primary Industry”.

Penalty for applying false trade description to exports

16. Section 12 of the Principal Act is amended by omitting sub-sections (2) to (5) (inclusive) and substituting the following sub-section:

“(2) A person who contravenes sub-section (1) is guilty of an offence and is punishable on conviction by a fine not exceeding $200.”.

Exportation of falsely marked goods

17. Section 13 of the Principal Act is amended—

(a) by omitting “Secretary” and substituting “Comptroller-General of Customs”; and

(b) by omitting “of State for Primary Industry”.

Review of decisions

18. Section 15 of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Comptroller-General of Customs under sub-section 7 (3), section 10, sub-section 11 (3) or section 13, other than a decision in respect of which an appeal has been made to the Minister under that sub-section or section, as the case may be.

“(2) A person is not entitled to appeal to the Minister against a decision to which sub-section (1) applies if an application has been made under that sub-section for a review of that decision.”.

PART VII—AMENDMENT OF THE CUSTOMS ACT 1901

Principal Act

19. The Customs Act 19016 is in this Part referred to as the Principal Act.

Interpretation

20. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definition of “Food”.

Smuggling and unlawful importation and exportation

21. Section 233 of the Principal Act is amended by omitting sub-section (1a).

Unlawful exportation of food

22. Section 233aa of the Principal Act is repealed.

Regulations

23. Section 270 of the Principal Act is amended—

(a) by omitting paragraph (1) (c); and

(b) by omitting sub-section (3).

PART VIII—AMENDMENT OF THE DAIRY PRODUCE ACT 1924

Principal Act

24. The Dairy Produce Act 19247 is in this Part referred to as the Principal Act.

25. Section 19a of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not affected

“19a. Nothing in this Act or the regulations affects the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART IX—AMENDMENT OF THE DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

Principal Act

26. The Dairy Products (Export Inspection Charge) Collection Act 19828 is in this Part referred to as the Principal Act.

Interpretation

27. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:

“‘authorized officer’ has the same meaning as in section 3 of the Export Control Act 1982;”;

(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:

“‘export notice’, in relation to dairy products, means a notice furnished in relation to the dairy products in pursuance of regulations made for the purpose of section 6 of the Export Control Act 1982;”; and

(c) by omitting from sub-section (1) the definition of “officer”.

Inspecting officer to certify inspection on export notice, &c.

28. Section 4 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) An authorized officer who—

(a) in pursuance of the Export Control Act 1982 or regulations made under that Act, inspects and examines dairy products intended for export; and

(b) in relation to those dairy products, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,

shall certify to that effect on the export notice in relation to the dairy products.”; and

(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the Export Control Act 1982”.

PART X—AMENDMENT OF THE EDIBLE OILS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

Principal Act

29. The Edible Oils (Export Inspection Charge) Collection Act 19829 is in this Part referred to as the Principal Act.

Interpretation

30. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:

“‘authorized officer’ has the same meaning as in section 3 of the Export Control Act 1982;”;

(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:

“‘export notice’, in relation to edible oils, means a notice furnished in relation to the edible oils in pursuance of regulations made for the purpose of section 6 of the Export Control Act 1982;”; and

(c) by omitting from sub-section (1) the definition of “officer”.

Inspecting officer to certify inspection on export notice, &c.

31. Section 4 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) An authorized officer who—

(a) in pursuance of the Export Control Act 1982 or regulations made under that Act, inspects and examines edible oils intended for export; and

(b) in relation to the edible oils, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,

shall certify to that effect on the export notice in relation to the edible oils.”; and

(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the Export Control Act 1982”.

PART XI—AMENDMENT OF THE EGG EXPORT CONTROL ACT 1947

Principal Act

32. The Egg Export Control Act 194710 is in this Part referred to as the Principal Act.

33. Section 16 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not affected

“16. Nothing in this Act or the regulations affects the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART XII—AMENDMENT OF THE EGGS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

Principal Act

34. The Eggs (Export Inspection Charge) Collection Act 198211 is in this Part referred to as the Principal Act.

Interpretation

35. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “certified export notice” in sub-section (1) the following definition:

“‘authorized officer’ has the same meaning as in section 3 of the Export Control Act 1982;”;

(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:

“‘export notice’, in relation to eggs, means a notice furnished in relation to the eggs in pursuance of regulations made for the purpose of section 6 of the Export Control Act 1982;”; and

(c) by omitting from sub-section (1) the definition of “officer”.

Inspecting officer to certify inspection on export notice, &c.

36. Section 4 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) An authorized officer who—

(a) in pursuance of the Export Control Act 1982 or regulations made under that Act, inspects and examines eggs intended for export; and

(b) in relation to the eggs, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,

shall certify to that effect on the export notice in relation to the eggs.”; and

(b) by omitting from sub-section (3) “the Exports (Dairy Produce) Regulations” and substituting “any regulations made under the Export Control Act 1982”.

PART XIII—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) ACT 1981

Principal Act

37. The Fish (Export Inspection Charge) Act 198112 is in this Part referred to as the Principal Act.

Interpretation

38. Section 4 of the Principal Act is amended—

(a) by omitting “export permit is issued, under Regulation 24 of the Exports (Fish) Regulations,” from the definition of “exporter” and substituting “prescribed export permit is issued”; and

(b) by omitting the definition of “fish inspected for export” and substituting the following definitions:

“‘fish inspected for export’ means fish in respect of which a prescribed export permit is issued;

‘prescribed export permit’, in relation to fish, means a licence, permit or other permission issued in relation to the export of those fish that is declared by the regulations to be a prescribed export permit.”.

Regulations

39. Section 8 of the Principal Act is amended by inserting in sub-section (1) “4,” after “sections”.

PART XIV—AMENDMENT OF THE FISH (EXPORT INSPECTION CHARGE) COLLECTION ACT 1981

Principal Act

40. The Fish (Export Inspection Charge) Collection Act 198113 is in this Part referred to as the Principal Act.

Interpretation

41. Section 3 of the Principal Act is amended by adding at the end thereof the following definition:

“; ‘prescribed export permit’ has the same meaning as in the Fish (Export Inspection Charge) Act 1981.”.

Due date for payment

42. Section 4 of the Principal Act is amended by omitting “export permit is issued, under Regulation 24 of the Exports (Fish) Regulations,” and substituting “prescribed export permit is issued”.

PART XV—AMENDMENT OF THE HONEY (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982

Principal Act

43. The Honey (Export Inspection Charge) Collection Act 198214 is in this Part referred to as the Principal Act.

Interpretation

44. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “certified export notice” and substituting the following definitions:

“‘authorized officer’ has the same meaning as in section 3 of the Export Control Act 1982;

‘certified export notice’ means an export notice certified in accordance with section 4;”;

(b) by omitting from sub-section (1) the definition of “export notice” and substituting the following definition:

“‘export notice’, in relation to honey, means a notice furnished in relation to the honey in pursuance of regulations made for the purpose of section 6 of the Export Control Act 1982;”; and

(c) by omitting “pursuance of paragraph 24 (1) (c) of the Exports (Honey) Regulations” from the definition of “honey inspected for export” in sub-section (1) and substituting “accordance with section 4”.

Inspecting officer to certify inspection on export notice, &c.

45. Section 4 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:

“(1) An authorized officer who—

(a) in pursuance of the Export Control Act 1982 or regulations made under that Act, inspects and examines honey intended for export; and

(b) in relation to the honey, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act,

shall certify to that effect on the export notice in relation to the honey.

“(1a) A copy of a certified export notice shall be served in a manner prescribed by the regulations on the person who furnished the export notice.”; and

(b) by omitting from sub-section (2) “the Exports (Honey) Regulations” and substituting “any regulations made under the Export Control Act 1982”.

PART XVI—AMENDMENT OF THE HONEY INDUSTRY ACT 1962

Principal Act

46. The Honey Industry Act 196215 is in this Part referred to as the Principal Act.

47. Section 31 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not restricted

“31. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART XVII—AMENDMENT OF THE LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) ACT 1979

Principal Act

48. The Live-stock Slaughter (Export Inspection Charge) Act 197916 is in this Part referred to as the Principal Act.

Title

49. The title of the Principal Act is repealed and the following title is substituted:

“An Act to impose a charge on the slaughter of live-stock at premises used in connection with the slaughtering and dressing of animals for export”.

Interpretation

50. Section 4 of the Principal Act is amended by omitting the definition of “abattoir” and substituting the following definition:

“‘abattoir’ means prescribed premises used for the carrying on of operations in connection with the slaughtering and dressing of animals from which meat intended for export is obtained;”.

PART XVIII—REPEAL OF THE MEAT EXPORT (PENALTIES) ACT 1981

Principal Act

51. The Meat Export (Penalties) Act 198117 is in this Part referred to as the Principal Act.

Repeal

52. The Principal Act is repealed.

PART XIX—AMENDMENT OF THE TOBACCO MARKETING ACT 1965

Principal Act

53. The Tobacco Marketing Act 196518 is in this Part referred to as the Principal Act.

54. Section 27 of the Principal Act is repealed and the following section is substituted:

Operation of certain laws not restricted

“27. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.”.

PART XX—AMENDMENT OF THE WHEAT MARKETING ACT 1979

Principal Act

55. The Wheat Marketing Act 197919 is in this Part referred to as the Principal Act.

Unauthorized dealings with wheat

56. Section 20 of the Principal Act is amended by adding at the end of sub-section (4) “or in regulations in force under the Export Control Act 1982”.

 

NOTES

1. No. 194, 1973, as amended. For previous amendments, see No. 199, 1976; No. 15, 1978; and Nos. 16 and 145, 1981.

2. No. 193, 1978.

3. No. 67, 1977, as amended. For previous amendments, see No. 36, 1978; No. 76, 1979; No. 167, 1980; and Nos. 61 and 150, 1981.

4. No. 161, 1980.

5. No. 16, 1905, as amended. For previous amendments, see No. 37, 1926; No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 93, 1966; No. 216, 1973; and Nos. 61 and 151, 1981.

6. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 19, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 19, 92, 116, 155, 177 and 180, 1979; Nos. 13, 15, 110 and 171, 1980; and Nos. 45, 61, 64, 67, 152 and 157, 1981.

7. No. 38, 1924, as amended. For previous amendments, see No. 45, 1934; No. 70, 1935; No. 26, 1936; No. 20, 1937; No. 18, 1938; No. 24, 1942; No. 53, 1947 (as amended by No. 80, 1950); No. 37, 1953; No. 17, 1954; No. 74, 1958; No. 49, 1962; No. 79, 1963; No. 43, 1965; No. 93, 1966; No. 3, 1972; No. 216, 1973 (as amended by No. 20, 1974); No. 82, 1975; No. 79, 1976; No. 53, 1977; and Nos. 36 and 96, 1978.

8. No. 11, 1982.

9. No. 13, 1982.

10. No. 76, 1947, as amended. For previous amendments, see No. 63, 1948; No. 21, 1951; No. 24, 1953; No. 18, 1954; No. 93, 1966; No. 216, 1973; and No. 36, 1978.

11. No. 15, 1982.

12. No. 57, 1981.

13. No. 58, 1981.

14. No. 000, 1982.

NOTES—continued

15. No. 105, 1962, as amended. For previous amendments, see No. 71, 1965; No. 93, 1966; No. 11, 1972; No. 185, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 36, 1978; No. 145, 1980; and No. 61, 1981.

16. No. 45, 1979.

17. No. 149, 1981.

18. No. 85, 1965, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; and No. 36, 1978.

19. No. 166, 1979.