On July 3, Australia released the latest bound version of the Australian Export Control Act (2020). This act is made to ensure that goods that are exported meet relevant importing country requirements to enable and maintain overseas market access for goods exported from Australia; and comply with government or industry standards or requirements relating to the goods; and are traceable and, if necessary, can be recalled; furthermore, the act also ensures the integrity of goods that are exported; ensures that trade descriptions for goods that are exported are accurate and gives 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 is divided into 11 chapters, including the preface, exported goods, recognized attributes, registration agencies, and export licenses and so on. The act started to be implemented on 23 June.

A simplified outline of this Act is made as follows:


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 (other than this Act).

The rules may prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless prescribed conditions are complied with.

Conditions may be prescribed for the purpose of ensuring that importing country requirements are met or government or industry standards or requirements are complied with, or to give effect to Australia’s international obligations. The rules may require, for example:

(a) export operations in relation to prescribed goods to be carried out at an accredited property or a registered establishment, or in accordance with an approved arrangement or an export licence; or

(b) a person to hold an approved arrangement or an export licence covering prescribed goods; or

(c) a trade description or an official mark to be applied to certain goods; or

(d) a notice of intention to export a consignment of prescribed goods to be given; or

(e) a government certificate or an export permit to be in force for certain goods.

The Secretary may grant an exemption from one or more provisions of this Act in relation to prescribed goods that are to be exported in certain circumstances.

A government certificate may be issued in relation to prescribed goods and non prescribed goods that are to be, or that have been, exported.

The rules may make provision for and in relation to the establishment and administration of a system, or systems, of tariff rate quotas for the export of certain goods.

Authorised officers (including third party authorised officers) and other persons may exercise certain powers, including the following:

(a) conducting audits of export operations and audits in relation to the performance of functions and the exercise of powers under this Act;

(b) carrying out assessments of goods;

(c) giving directions;

(d) carrying out approved export programs for the purpose of ensuring the health and welfare of certain live animals.

A range of compliance and enforcement powers are provided, including by applying the Regulatory Powers (Standard Provisions) Act 2014.

Certain decisions under this Act may be reviewed internally and by the Administrative Appeals Tribunal.

The use and disclosure of information is regulated.

Fees may be charged, on a cost recovery basis, in relation to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act.

The Secretary may make rules for the purposes of this Act. The rules are a disallowable legislative instrument.

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