Improving Australia’s Agricultural Export Legislation

Presentation to Department Cargo Consultative Committee

27 July 2016John SouthwellDirector, Agricultural Export Regulation Review

Scope

• The Australian Government is consolidating and improving our agricultural export legislation before the majority of it ceases to be law in April 2020.

• Some elements of the framework (e.g. cost recovery arrangements and livestock export certification) are subject to separate reforms, and will be incorporated into the new legislation.

• There will be no change to Australia’s commitment to meet the importing requirements of our trading partners.

Department of Agriculture and Water Resources Improvements to Agricultural Export Legislation 2July 2016

What’s ChangingWe will establish a contemporary, efficient and flexible framework with:

• simpler legislation, consolidating existing requirements into a single set of regulations where possible - e.g. one set of export permit provisions that can be applied to a range of situations)

• broader monitoring, investigation and enforcement powers to deter rogue exporters from bringing the system down for everyone

• clearer provisions for performing verification activities across the supply chain (i.e. ensuring adequate legal power)

• clearer requirements on the appointment and obligations of authorised officers.

Department of Agriculture and Water Resources Improvements to Agricultural Export Legislation 3June 2016

Export Control (Animals) Order 2004

Export Control (Eggs and Egg Products) Orders 2005

Export Control (Milk and Milk Products) Orders 2005

Export Control (Organic Produce Certification) Orders

Export Control (Plant and Plant Products) Order 2011

Export Control (Rabbit and Ratite Meat) Orders 1985

Export Control( Wild Game Meat and Wild Game Meat Products) Orders 2010

Export Control (Poultry Meat and Poultry Meat Products) Orders 2010

Export Control (Prescribed Goods -General) Order 2005

Export Control (Fees) Orders 2015

Export Control (Fish and Fish Products) Orders 2005

Export Control (Orders) Regulations 1982

Export Control (Hardwood Wood Chips) Regulations 1996

Export Control (Unprocessed Wood) Regulations

Export Control (Regional Forest Agreements) Regulations

AMLI (Export of Live-stock to Saudi Arabia) Order 2005

Export Control (High Quality Beef Export to the European Union) Order 2016

AMLI (Live Cattle Exports to Republic of Korea) Order 2002

AMLI (Sheepmeat and GoatmeatExport to the European Union) Order 2014

AMLI (Conditions on Live-stock export licences) Order 2012

AMLI (Standards) Order 2005

AMLI Regulations 1998

AMLI (Export Licensing) Regulations 1998

AMLI (Quotas) Regulations 2000

Export Control (Meat and Meat Products) Orders 2005

Export Charges (Imposition—General) Regulations 2015

Export Charges (Imposition—Customs) Regulations 2015 Export Charges (Collection)

Regulations 2015

Export Charges (Collection) Act 2015

Export Charges (Imposition—General) Act 2015

Export Charges (Imposition—Excise) Act 2015

Export Charges (Imposition—Customse) Act 2015

Export Control Act 1982

Dairy Produce Act 1986

Australian Grape & Wine Authority Act 2013

Horticultural Marketing & Research and Development Services Act 2000

Live animal exports (country-specific)

Quotas

Australian Meat and Live-stock Industry (AMLI) Act 1997

Export Commodity Orders

Current Cost Recovery Framework

Export Forestry Regulations

AMLI (Repeals and Consequential Provisions) Act 1997

Live animal exports

AMLI (Quotas) Act 1990

HMRDS (Export Efficiency) Regulations 2002

Dairy Produce Regulations 1986

Australian Grape and Wine Authority Regulations 1981

= Act

= Regulation

= Orders / Other Delegated Leg

Key

Export Inspection (Quantity Charge) Act 1985

Export Inspection (Service Charge) Act 1985

Export Inspection (Establishment Registration Charges) Act 1985

Export Inspection and Meat Charges Collection Act 1985

Old Cost Recovery Framework (scheduled for repeal)

AML Legislation (Consequential Amendments and Transitional Provisions) Act 1985

HMRDS (Repeals and Consequential Provisions) Act 2000

Current Agricultural Export Legislation Framework

AMLI Act 1997 - Declaration of Industry Marketing Body (30/06/1998)

AMLI Act 1997 - Declaration of Research Body (30/06/1998)

AMLI Act 1997 - Declaration of Approved Donor (30/06/1998)

AMLI Act 1997 - Declaration of Approved Donor (07/07/1998)

AMLI Act 1997 - Declaration of Approved Donor (21/08/1998)

AMLI (Meat Processor Marketing and Research Bodies) Declaration 2007

Declarations of Donors, Research & Marketing Bodies

AMLI (Live-stock Export Marketing Body and Live-stock Export Research Body) Declaration 2004

Legislation repealed under Omnibus Repeal Day (Autumn 2015) Act 2016: • Meat Export Charge Act 1984 • Meat Export Charge Regulations • Meat Export Charge Collection Act 1984 • Meat Export Charge Collection Regulations • Meat Inspection Act 1983 • Meat Inspection Arrangements Act 1964

Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016

Export Control (Japan-Australia Partnership Agreement Tariff Rate Quotas) Order 2016

Export Control Act

Manual of Importing Country Requirements

Secretary’s Rule(replacing Regulations,

Orders)

Export Charges (Imposition—Customs)

Act 2015

Export Charges (Imposition—General)

Act 2015

Export Charges (Imposition—Excise) Act

2015

Export Charges (Imposition—Customs)

Regulation 2015

Export Charges (Imposition—General)

Regulation 2015

Export Charges (Imposition—Excise)

Regulation 2015

• Contains the objectives of the framework• Sets out principles for operations, supported by delegated legislation

and administrative processes

• Contains operational provisions, such as issuing export permits, undertaking audits and registering export establishments.

• Sets out commodity-specific matters, incorporating various standards that meet importing country requirements.

Future Agricultural Export Legislation Framework

Australia New Zealand Food

Standards Code

Australian Standards

Industry-Developed Standards

Other Standards

International Standards

• Website detailing requirements that exporters must meet to import into specific countries.

• Regularly updated to reflect changes in importing country requirements.

Department of Agriculture and Water Resources Improvements to Agricultural Export Legislation 5June 2016

Cost Recovery

Timeline and Next Steps• 2016-17 – develop improved legislation and Regulation Impact

Statement (RIS)

• 2017 – release of exposure drafts of legislation (Bill and Rules) and RIS for stakeholder comment

• 2017-18 – introduction into Parliament

• 2018-19 – assuming passage, conduct implementation activities

• 1 April 2020 – last date for implementation

Department of Agriculture and Water Resources Improvements to Agricultural Export Legislation 6June 2016

Ongoing consultation with stakeholders will be a priority throughout the development and implementation process

Further Information:

www.agriculture.gov.au/export-regulation-review

Free Call: 1800 900 090