Commonwealth Numbered Acts

Export Control Act 1982 No. 47 of 1982 - SECT 25

25. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters-

   (a)  required or permitted by this Act to be prescribed; or

   (b)  necessary or convenient to be prescribed for carrying out or giving
        effect to this Act.

(2) In particular, but without limiting the generality of sub-section (1), the
regulations may make provision for or in relation to-

   (a)  the imposition of fees in respect of the registration of-

        (i)    premises or other places; or

        (ii)   vehicles, ships or aircraft;

   (b)  the quarantine of prescribed goods that are intended or inspected for
        export (including the destruction or denaturing of such
        prescribed goods for quarantine purposes);

   (c)  the analysis of samples of prescribed goods, including the extent to
        which a certificate of analysis is to be prima facie evidence of the
        facts stated in that certificate in proceedings in respect of an
        offence against this Act;

   (d)  the imposition of fees in connection with the performance of services
        by authorized officers;

   (e)  requiring persons to keep records relating to matters relevant to the
        operation of this Act or the regulations;

   (f)  prescribing penalties not exceeding $1,000 for offences against the
        regulations; or

   (g)  subject to sub-section (3), empowering the Minister to make orders,
        not inconsistent with the regulations, with respect to any matter for
        or in relation to which provision may be made by the regulations.

(3) An order shall not be made prescribing any penalty.

(4) Section 48, 49 and 50 of the Acts Interpretation Act 1901 apply to orders
as if in those sections references to regulations were references to orders
and references to an Act included references to regulations.

(5) An order may make provision for or in relation to a matter by applying,
adopting or incorporating, with or without modification-

   (a)  any of the provisions of an Act, of any regulations or rules under an
        Act, or of any other order under this Act, as in force at a particular
        time or as in force from time to time; or

   (b)  any matter contained in any other instrument or writing as in force or
        existing at the time when the order takes effect, but an order shall
        not, except as provided by this sub-section, make provision for or in
        relation to a matter by applying, adopting or incorporating any matter
        contained in an instrument or other writing as in force or existing
        from time to time.

(6) An order shall not be deemed to be a statutory rule within the meaning of
the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)
(inclusive) of that Act apply in relation to an order in like manner as they
apply in relation to a statutory rule.

(7) For the purposes of the application of sub-section 5 (3B) of the Statutory
Rules Publication Act 1903 in accordance with sub-section (6), the reference
in that first-mentioned sub-section to the Minister of State for
Administrative Services shall be read as a reference to the Minister of State
for Primary Industry.

(8) An order shall be deemed to be an enactment for the purposes of the
Adminstrative Appeals Tribunal Act 1975.