Commonwealth Coat of Arms of Australia

 

Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025

I, Justine Saunders APM, Acting Secretary of the Department of Agriculture, Fisheries and Forestry, make the following rules.

Dated 3 December 2025

Justine Saunders APM

Acting Secretary of the Department of Agriculture, Fisheries and Forestry

 

 

 

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Part 1—Audit reports

Export Control (Animals) Rules 2021

Export Control (Eggs and Egg Products) Rules 2021

Export Control (Fish and Fish Products) Rules 2021

Export Control (Meat and Meat Products) Rules 2021

Export Control (Milk and Milk Products) Rules 2021

Export Control (Organic Goods) Rules 2021

Export Control (Poultry Meat and Poultry Meat Products) Rules 2021

Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021

Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021

Part 2—Internal audits and management reviews

Export Control (Eggs and Egg Products) Rules 2021

Export Control (Fish and Fish Products) Rules 2021

Export Control (Milk and Milk Products) Rules 2021

Part 3—Australian Meat Industry Classification System and definition of veal

Export Control (Meat and Meat Products) Rules 2021

Part 4—Commonwealth authorised officers

Export Control (Meat and Meat Products) Rules 2021

Export Control (Poultry Meat and Poultry Meat Products) Rules 2021

Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021

Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021

Part 5—Application provisions

Export Control (Animals) Rules 2021

Export Control (Eggs and Egg Products) Rules 2021

Export Control (Fish and Fish Products) Rules 2021

Export Control (Meat and Meat Products) Rules 2021

Export Control (Milk and Milk Products) Rules 2021

Export Control (Organic Goods) Rules 2021

Export Control (Poultry Meat and Poultry Meat Products) Rules 2021

Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021

Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021

 

  This instrument is the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025.

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

10 December 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under the Export Control Act 2020.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

1  Subsection 94(1) (notes)

Repeal the notes, substitute:

Note 1: An auditor is an authorised officer or an approved auditor (see the definition of auditor in section 12 of the Act).

Note 2: For the relevant person for an audit, see section 269 of the Act.

2  Subsection 95(1) (note)

Repeal the note, substitute:

Note: An auditor is an authorised officer or an approved auditor (see the definition of auditor in section 12 of the Act).

3  Subsection 95(5)

Repeal the subsection (including the note), substitute:

 (5) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (6) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (7) The auditor must comply with any request under subsection (6) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

4  Subsection 96(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

5  Subsection 96(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

6  Subsection 95(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

7  Subsection 96(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

8  At the end of subsection 94(1)

Add:

Note: An auditor is an authorised officer or an approved auditor (see the definition of auditor in section 12 of the Act).

9  Subsection 94(2)

Repeal the subsection (including the notes), substitute:

 (2) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (3) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (4) The auditor must comply with any request under subsection (3) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

10  Subsection 95(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

11  Subsection 95(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

12  Subsection 95(6)

Repeal the subsection (including the note), substitute:

 (6) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.

Note: For the relevant person for an audit, see section 269 of the Act.

 (7) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.

 (8) The auditor must comply with any request under subsection (7) before the end of the later of the following periods:

 (a) the period of 14 business days beginning on the day the Secretary made the request;

 (b) the period of 14 business days beginning on the day the audit is completed or ends.

13  After subsection 541(1)

Insert:

 (1A) Subject to subsection (2), at least one internal audit under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last internal audit after the commencement of this subsection.

 (1B) At least one management review under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last management review after the commencement of this subsection.

14  After subsection 549(1)

Insert:

 (1A) Subject to subsection (2), at least one internal audit under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last internal audit after the commencement of this subsection.

 (1B) At least one management review under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last management review after the commencement of this subsection.

15  After subsection 540(1)

Insert:

 (1A) Subject to subsection (2), at least one internal audit under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last internal audit after the commencement of this subsection.

 (1B) At least one management review under subsection (1) must be completed before the end of each of the following periods:

 (a) either:

 (i) in relation to an approved arrangement that is in force on the day this subsection commences—the period of 12 months beginning on that day; or

 (ii) in relation to an approved arrangement that takes effect after the day this subsection commences—the period of 12 months beginning on the date the approved arrangement takes effect;

 (b) the period of 12 months after the completion of the last management review after the commencement of this subsection.

16  Section 15 (definition of Australian Meat Industry Classification System)

Omit “this instrument”, substitute “Part 3 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025”.

17  Section 15 (paragraph (b) of the definition of veal)

Omit “150 kg”, substitute “190 kg”.

18  Paragraph 428(1)(d)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

19  Subparagraphs 433(1)(a)(iii), (iv) and (vi)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

20  Paragraph 427(1)(d)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

21  Subparagraphs 432(1)(a)(iii), (iv) and (v)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

22  Paragraph 430(1)(d)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

23  Subparagraphs 435(1)(a)(iii) and (iv)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

24  Paragraph 427(1)(d)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

25  Subparagraphs 432(1)(a)(iii) and (iv)

Omit “authorised officers”, substitute “Commonwealth authorised officers”.

26  In the appropriate position in Chapter 12

Insert:

 

  The amendments of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 apply in relation to an audit that is completed or ends on or after the commencement of that Part.

27  Chapter 12 (heading)

Repeal the heading, substitute:

28  In the appropriate position in Chapter 12

Insert:

 

 (1) The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

 (2) The amendment of this instrument made by Part 2 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies on and after the commencement of that Part in relation to an approved arrangement, whether the arrangement was approved before, on or after that commencement.

29  Chapter 12 (heading)

Repeal the heading, substitute:

30  In the appropriate position in Chapter 12

Insert:

 

 (1) The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

 (2) The amendment of this instrument made by Part 2 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies on and after the commencement of that Part in relation to an approved arrangement, whether the arrangement was approved before, on or after that commencement.

31  Chapter 12 (heading)

Repeal the heading, substitute:

32  In the appropriate position in Chapter 12

Insert:

 

 (1) The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

 (2) The amendments made by Part 3 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 apply in relation to a trade description that is applied on or after the commencement of that Part.

33  Chapter 12 (heading)

Repeal the heading, substitute:

34  In the appropriate position in Chapter 12

Insert:

 

 (1) The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

 (2) The amendment of this instrument made by Part 2 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies on and after the commencement of that Part in relation to an approved arrangement, whether the arrangement was approved before, on or after that commencement.

35  Chapter 12 (heading)

Repeal the heading, substitute:

36  In the appropriate position in Chapter 12

Insert:

 

  The amendments of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 apply in relation to an audit that is completed or ends on or after the commencement of that Part.

37  Chapter 12 (heading)

Repeal the heading, substitute:

38  In the appropriate position in Chapter 12

Insert:

 

  The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

39  Chapter 12 (heading)

Repeal the heading, substitute:

40  In the appropriate position in Chapter 12

Insert:

 

  The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.

41  Chapter 12 (heading)

Repeal the heading, substitute:

42  In the appropriate position in Chapter 12

Insert:

 

  The amendment of this instrument made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 2) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.