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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
EXPORT CONTROL LEGISLATION AMENDMENT
(CERTIFICATION OF NARCOTIC EXPORTS) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of
the Minister for Agriculture, Drought and Emergency Management,
the Hon. David Littleproud MP)
EXPORT CONTROL LEGISLATION AMENDMENT
(CERTIFICATION OF NARCOTIC EXPORTS) BILL 2020
GENERAL OUTLINE
The Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
(the Bill) will facilitate the legitimate export of consignments comprising narcotics under the
Export Control Act 1982 and the Export Control Act 2020 (the Export Control Acts).
The Bill will make amendments to the:
Export Control Act 1982, which provides controls on the export of goods; and
Export Control Act 2020, which was given Royal Assent on 6 March 2020 and will
replace the Export Control Act 1982 when its substantive provisions commence at a
time fixed by proclamation or on 28 March 2021.
The Export Control Acts regulate the export of goods, as defined by these Acts. This includes
a range of agricultural commodities, such as an animal or a plant, or part of an animal or a
plant. Under the Export Control Acts, 'narcotic goods within the meaning of the Customs Act
1901' (narcotic goods), are not included in the definition of goods. As a result, narcotic goods
cannot receive government certification, which may be required to accompany consignments
of exports in order to satisfy importing country requirements. The provisions to issue
government certification for goods under the Export Control Act 1982 are contained in
relevant Export Control Orders. The Export Control Act 2020 contains provisions to issue
government certificates for goods, and Rules can made for, and in relation to, government
certificates under that Act.
The Bill will amend the definition of goods as defined by the Export Control Acts to include
narcotic goods. The amendments will support legitimate exports of narcotic goods, including,
for example, medicinal cannabis and low-tetrahydrocannabinol (THC) hemp products, which
requires government certification for the import requirements of some overseas countries to
be met.
The amendments will remove unnecessary and unintended regulatory barriers imposed on
Australia's exports. This will facilitate trade and the growth of Australia's legitimate export
markets for low-THC hemp, medicinal cannabis industries, as well as other legitimate
narcotic goods exports. It will remove discrepancies in the treatment of narcotic goods with
other agricultural goods under the Export Control Acts that bear similar risks to Australia's
trade reputation and market access. The amendments ensure that Australia can meet its
obligations under international agreements, including, for example, obligations under the
International Plant Protection Convention.
The Bill will not change other regulatory controls provided by other legislation in relation to
narcotic goods, including, for example, the Customs (Prohibited Exports) Regulation 1958
and Narcotic Drugs Act 1967.
FINANCIAL IMPACT STATEMENT
The Bill will have no financial impact on the Australian Government Budget.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011 as it promotes and does not limit any human rights issues.
The full statement of compatibility with human rights for each amending Bill is included in
this explanatory memorandum.
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NOTES ON CLAUSES
Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
Clause 1 Short title
This clause will provide that the Export Control Legislation Amendment (Certification of
Narcotic Exports) Bill 2020 (the Bill), when enacted, may be cited as the Export Control
Legislation Amendment (Certification of Narcotic Exports) Act 2020.
Clause 2 Commencement
This clause will provide for the commencement of the whole of the Bill on the day after the
Bill receives the Royal Assent.
Clause 3 Schedules
This clause will provide that legislation specified in a Schedule to the Bill will be amended or
repealed as set out in the applicable items in the Schedule concerned. Any other item in a
Schedule to the Bill will have effect according to the terms of the Bill. This is a technical
provision to give operational effect to the amendments contained in the Schedules.
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Schedule 1--Amendments
Export Control Act 1982
Item 1 - Section 3 (definition of goods)
Item 1 will repeal the definition of 'goods' and insert a new definition. The new definition
removes the limit on the meaning of goods that excludes 'narcotic goods within the meaning
of the Customs Act 1901'. This will enable 'narcotic goods within the meaning of the
Customs Act 1901' to be goods under the Act.
Export Control Act 2020
Item 2 - Section 12 (paragraph (d) of the definition of goods)
Item 2 will make a consequential amendment to the definition of goods, to ensure it is
grammatically correct, following the amendment in Item 3.
Item 3 - Section 12 (definition of goods)
Item 3 will amend the definition of goods by removing the reference 'but does not include
narcotic goods within the meaning of the Customs Act 1901.' This will enable 'narcotic
goods' to be dealt with in the same way as the Export Control Act 1982 when the substantive
provisions of the Export Control Act 2020 commence. This will enable 'narcotic goods
within the meaning of the Customs Act 1901' to be goods under the Act.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
The Export Control Legislation Amendment (Certification of Narcotic Exports) Bill 2020
(the Bill) is compatible with the human rights and freedoms recognised or declared by the
international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Bill will amend the definition of goods under the Export Control Act 1982 and the
Export Control Act 2020. These amendments will remove the exclusion of narcotic goods
within the meaning of the Customs Act 1901. It will enable narcotic goods to be regulated
under the Export Control Act 1982 and the Export Control Act 2020, which already covers
other agricultural commodities.
Human rights implications
The Bill has the potential to engage Article 6 of the International Covenant on Economic,
Social and Cultural Rights (the ICESCR) - the right to work.
Assessment of compatibility with human rights
Article 6(1) of the ICESCR protects the right of everyone to the opportunity to gain the
person's living by work that he or she freely chooses or accepts. The United Nations
Committee on Economic, Social and Cultural Rights (the UNCESCR) has stated that the right
to work also encompasses the right not to be unjustly deprived of work. This right may be
subject only to such limitations 'as are determined by law only in so far as this may be
compatible with the nature of these rights and solely for the purpose of promoting the general
welfare in a democratic society'.
The Bill promotes the right to work, because it enables Australian businesses to meet the
importing country requirements necessary to export their goods. Many importing countries
require certification from the Australian Government that goods meet those countries'
requirements. Without such certification, importing countries will not allow goods to be
imported. The Bill will change the definition of goods to enable the Government to provide
the certifications necessary to assure importing countries that their requirements have been
met.
The Bill will enable more Australian businesses to participate in the export supply chain.
The Bill therefore promotes the right to work by enabling the export of goods to emerging
overseas markets. The Bill promotes economic growth for Australian exporters, increasing
the number and variety of employment opportunities in the Australian labour market. It
enables a greater number of people to participate in the export supply chain, including in the
production and preparation of goods for export, particularly in regional areas, where
opportunities are more limited compared to non-regional areas.
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Summary
The Bill is compatible with the right to work in Article 6(1) of the ICESCR because it
promotes that right.
Conclusion
The Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011 as it promotes and does not limit any human rights issues.
(Circulated by authority of
the Minister for Agriculture, Drought and Emergency Management,
the Hon. David Littleproud MP)
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