Export Control Act 2020 (No. 12, 2020).

This Act, consisting of 432 sections divided into eleven Chapters, establishes the requirements for the control and monitoring of the export of certain goods, in particular an article, substance or thing (including reproductive material) derived from an animal or a plant. The objects of this Act are the following: a) to ensure that goods that are exported: (i) meet relevant importing country requirements to enable and maintain overseas market access for goods exported from Australia; and (ii) comply with government or industry standards or requirements relating to the goods; and (iii) are traceable and, if necessary, can be recalled; b) to ensure the integrity of goods that are exported; c) to ensure that trade descriptions for goods that are exported are accurate; d) give effect to Australia’s rights and obligations relating to goods that are exported under any international agreements to which Australia is a party.
This Act creates a framework for regulating the export of goods, including agricultural products and food, from Australian territory. This Act includes provisions about the application of this Act and the relationship of this Act with State and Territory laws. Certain goods are prohibited absolutely from being exported from Australian territory. The Minister may, by legislative instrument (a temporary prohibition determination), determine: (a) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, is prohibited absolutely for a specified period of up to 6 months; or (b) that the export of a specified kind of goods (including prescribed goods) from Australian territory, or from a part of Australian territory, to a specified place is prohibited for a specified period of up to 6 months. The Minister may make a temporary prohibition determination only if the Minister is satisfied that the determination is necessary: (a) to protect human, animal or plant life or health; or (b) to secure compliance with an Australian law. The Act deals also with emergency powers as provide for by the Regulatory Powers Act, 2014.