Bill
Export Control Amendment (Miscellaneous Measures) Bill 2020
passed, as at 2021-03-01. Agriculture, Water and the Environment portfolio.
- Sponsor
- Not recorded
- Portfolio
- Agriculture, Water and the Environment
Recorded stages
- introduced — 2020-11-11
- second reading — 2020-11-11
- second reading — 2021-02-02
- second reading — 2021-02-02
- third reading — 2021-02-02
- introduced — 2021-02-03
- second reading — 2021-02-03
- second reading — 2021-02-15
- second reading — 2021-02-15
- committee — 2021-02-15
- third reading — 2021-02-15
- passed — 2021-02-15
- royal assent — 2021-03-01
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2021-02-02.119.5) to keep the usual second reading motion unchanged. The usual second reading motion is "*that the bill be read a second time,*" which is parliamentary jargon for agreeing with the main idea of the bill. This vote was put after the MP for Franklin [Julie Collins](https://theyvoteforyou.org.au/people/representatives/franklin/julie_collins) (Labor) proposed an [amendment](https://www.openaustralia.org.au/debate/?id=2021-02-02.114.1). ### Proposed amendment text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House notes the Coalition Government's continued failure to prioritise agriculture legislation and its inaction to address the agriculture workforce shortage."* — 2021-02-02, House of Representatives: affirmative, ayes 66, noes 56
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?id=2021-02-15.162.1) introduced by West Australian Senator [Jordon Steele-John](https://theyvoteforyou.org.au/people/senate/wa/jordon_steele-john) (Greens), which means it failed. ### Amendment text > *(1) Schedule 1, items 9 to 13, page 4 (line 27) to page 5 (line 6), omit the items, substitute:* > > *9 Subsection 383(4) (note)* > > *Repeal the note.* > > *10 Subsection 385(3) (note)* > > *Repeal the note.* > > *11 Section 386* > > *Repeal the section.* — 2021-02-15, Senate: negative, ayes 9, noes 34
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2021-02-15.167.1) to read the bill a third time - parliamentary jargon for passing the bill in the Senate. Because it has already passed in the House of Representatives, it will now become law. ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd040), the bill was introduced to: > * *clarify the operation of the fit and proper person test when varying the registration of export establishments* > * *provide greater flexibility in the requirements for lodging a Notice of Intention to export* > * *enable the Rules to provide guidance in relation to the approval of export permits* > * *enable the Rules to modify provisions of the 2020 Act and the Administrative Appeals Tribunal Act 1975 in relation to review of tariff rate quota certificate decisions and* > * *provide that the Rules may incorporate matters contained in agreements between Australia and other countries that relate to tariff rate quotas.* — 2021-02-15, Senate: affirmative, ayes 34, noes 9
Plain-language summary
Written by a model from the Bills Digest; not the record, as at 2020-11-11.
The bill adjusts the Export Control Act 2020 to make regulatory checks proportionate and flexible.
It changes when the fit and proper person test applies, clarifies notice of intention requirements, expands export permit considerations, and allows rules to incorporate external documents.
The fit and proper person test would only apply to variation applications involving a new manager or controller, and the bill does not specify a start date.
- The bill limits the fit and proper person test to variation applications where a new person starts managing or controlling export operations.
- The bill clarifies that a notice of intention is only required if the rules provide for it.
- The bill allows the Secretary to approve or refuse a notice of intention as set out in the rules.
- The bill lets the Secretary consider other requirements prescribed by the rules when deciding on export permits.
- The bill permits the rules to incorporate documents as in force from time to time.
Exporters, occupiers of registered establishments, and the Department of Agriculture, Water and the Environment.
Sources
em
em supp
digest
billhome
frl act