Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 7

             (1)  The regulations may prohibit the export of prescribed goods from Australia.

             (2)  Regulations made for the purposes of subsection (1) may:

                     (a)  prohibit the export of prescribed goods absolutely;

                     (b)  prohibit the export of prescribed goods to a specified place;

                     (c)  prohibit the export of prescribed goods unless specified conditions or restrictions are complied with; or

                     (d)  prohibit the export of prescribed goods to a specified place unless specified conditions or restrictions are complied with.

             (3)  Without limiting the generality of subsection (2), regulations made for the purposes of subsection (1):

                     (a)  may provide that the export of prescribed goods, or the export of prescribed goods to a specified place, is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and

                     (b)  may make provision for and in relation to:

                              (i)  the assignment of licences or permissions so granted or of licences or permissions included in a prescribed class of licences or permissions so granted; and

                             (ii)  the granting of a licence or permission to export prescribed goods subject to compliance with conditions or restrictions, either before or after the export of the goods, by the person to whom the licence or permission is granted or any person to whom the licence or permission is assigned; and

                           (iia)  the imposition of fees in connection with monitoring compliance with conditions of licences that are designated as hardwood woodchip export licences; and

                            (iii)  the surrender of a licence or permission to export prescribed goods and, in particular, without limiting the generality of the foregoing, the surrender of a licence or permission to export prescribed goods in exchange for the granting to the holder of the surrendered licence or permission of another licence or permission or other licences or permissions to export prescribed goods; and

                            (iv)  the revocation or suspension of a licence or permission that is granted subject to a condition or restriction to be complied with by a person for failure by the person to comply with the condition or restriction, whether or not the person is charged with an offence against section 9 in respect of the failure.

          (3A)  Without limiting the generality of subsection (2), regulations made for the purposes of subsection (1):

                     (a)  may provide that the export of prescribed goods, or the export of prescribed goods to a specified place, is prohibited unless the goods have been prepared in accordance with an arrangement that has been approved by the Secretary; and

                     (b)  may make provision for and in relation to:

                              (i)  the approval of an arrangement subject to specified conditions or restrictions; or

                             (ii)  the variation, suspension or revocation of an approval of an arrangement; or

                            (iii)  the variation, suspension or revocation of any or all of the conditions or restrictions to which an approval of an arrangement is subject, or the imposition of further conditions or restrictions; or

                            (iv)  persons (including persons approved by the Secretary under the regulations and authorized officers) who may exercise powers and perform functions under, or for the purposes of, an approved arrangement.

          (3B)  If live-stock within the meaning of the Australian Meat and Live-stock Industry Act 1997 are prescribed goods, then, without limiting the generality of subparagraph (3)(b)(ii), conditions imposed under that subparagraph may include a condition that the person exporting the live-stock has, in accordance with the regulations, made the declaration mentioned in subsection (3C).

          (3C)  The declaration is that the person has complied with:

                     (a)  any conditions to which a live-stock export licence under the Australian Meat and Live-stock Industry Act 1997 was subject; and

                     (b)  any requirements under that Act that otherwise relate to the export of live-stock.

             (4)  Without limiting the generality of paragraphs (2)(c) and (d) and subparagraphs (3)(b)(ii) and (3A)(b)(i), conditions or restrictions imposed under those provisions may be required to be complied with in respect of matters or things not related to the prescribed goods to which they apply.

             (5)  Without limiting the generality of subparagraphs (3)(b)(ii), (iii) and (iv), if live-stock within the meaning of the Australian Meat and Live-stock Industry Act 1997 are prescribed goods, the regulations may provide that, in relation to the grant, surrender, revocation or suspension of licences and permissions to export such prescribed goods, consideration may be given to the extent to which the applicant or the holder has complied with:

                     (a)  any conditions to which a live-stock export licence under the Australian Meat and Live-stock Industry Act 1997 was subject; and

                     (b)  any requirements under that Act that otherwise relate to the export of live-stock.