Federal Register of Legislation - Australian Government

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Export Control (Fees) Amendment Orders 2007 (No. 1)

Authoritative Version
  • - F2007L03561
  • No longer in force
Orders/Other as made
The purpose of this Order is to amend the definition of 'mung beans' in Order 4 to reflect the repeal of the Export Control (Mung Beans) Orders and the incorporation of mung beans into the Export Control (Plants and Plant Products) Orders 2005 (by the Export Control (Plants and Plant Products) Amendment Orders 2007 (No.1)) from 1 November 2007.
Administered by: Agriculture, Fisheries and Forestry
Registered 10 Sep 2007
Tabling HistoryDate
Tabled HR11-Sep-2007
Tabled Senate12-Sep-2007
Date of repeal 19 Jul 2013
Repealed by Agriculture, Fisheries and Forestry (Spent and Redundant Instruments) Repeal Regulation 2013

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

 

Export Control (Orders) Regulations 1982

 

Export Control (Fees) Amendment Orders 2007 (No. 1)

 

 

Sub-section 25(1) of the Export Control Act 1982 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

 

Paragraph 25(2)(d) of the Act allows regulations to be made for the imposition of fees in connection with the performance of services by authorised officers and the remission of fees so imposed.

Paragraph 25(2)(g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations.

 

Regulation 3 of the Export Control (Orders) Regulations 1982 provides that the Minister may, by instrument in writing, make orders, not inconsistent with regulations made under the Act, with respect to any matter for or in relation to which provision may be made by regulations made under the Act.

 

The Export Control (Fees) Orders 2001 (‘the Principal Orders’) impose fees in connection with the performance of services by authorised officers.

 

The purpose of the Export Control (Fees) Amendment Orders 2007 (No. 1) (‘the Amendment Orders’) is to:

  • amend the definition of mung beans in Order 4 to reflect the repeal of the Export Control (Mung Beans) Orders and the incorporation of mung beans into the Export Control (Plants and Plant Products) Orders 2005

 

Consultation was not undertaken in relation to this minor consequential amendment to the Export Control (Fees) Orders 2001 as the Office of Best Practice Regulation advised that the amendment would have a low impact on business, and would appear to impose no or low compliance costs. Therefore no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement) was required.

The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Details of Amendment Orders are as follows:

 

Order 1 provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2007 (No.1).

 

Order 2 provides that the Amendment Orders commence on 1 November 2007.

 

Order 3 provides that Schedule 1 amends the Principal Orders.

 

Schedule 1 - Amendments

 

Item 1

 

Item 1 amends the definition of mung beans in suborder 4(1) by amending the reference from the Export Control (Mung Beans) Orders to the Export Control (Plants and Plant Products) Orders 2005.  This amendment is necessary as the Export Control (Mung Beans) Orders were repealed on 1 November 2007 and from that date mung beans are now regulated by the Export Control (Plants and Plant Products) Orders 2005.