Document ID: chunk:federal_register_of_legislation:C2025C00022:section:22
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 22
Character Range: 79444–82387

22  Simplified outline of this Part

      Certain goods are prohibited absolutely from being exported from Australian territory. These goods are called permanently prohibited goods.
      On and after 1 May 2028, sheep are prohibited from being exported from Australian territory by sea. Such exports are called permanently prohibited exports.
      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).
      A temporary prohibition determination may be varied to extend the temporary prohibition period for further periods of up to 6 months.
      The rules may prescribe kinds of goods (prescribed goods) for the purposes of this Act. In deciding whether to prescribe goods that are not animals, plants or food, the Secretary may have regard to relevant matters, including importing country requirements, sanitary matters, Australian laws and standards, Australia's international rights and obligations and international standards.
      The rules may:
             (a) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, unless conditions prescribed by the rules are complied with; or
             (b) prohibit the export of prescribed goods from Australian territory, or from a part of Australian territory, to a specified place unless conditions prescribed by the rules are complied with.
      A person may commit an offence or be liable to a civil penalty if:
             (a) permanently prohibited goods, or goods in relation to which a temporary prohibition determination applies, are exported; or
             (aa) goods are exported, and the export is a permanently prohibited export; or
             (b) goods are exported, and intended to be imported into a particular place, and the export of the goods to that place is prohibited by a temporary prohibition determination; or
             (c) goods are exported in contravention of prescribed export conditions; or
             (d) the person makes false or misleading representations about goods that are entered for export.

Division 2—Prohibited goods and exports

Subdivision A—Permanently prohibited goods and exports