Commonwealth: Export Control Act 2020 (Cth)

Export Control Act 2020 No. 12, 2020 Compilation No. 9 Compilation date: 1 January 2025 Includes amendments: Act No. 60, 2024 About this compilation This compilation This is a compilation of the Export Control Act 2020 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Act binds the Crown 6 Application of this Act in Australia 7 Limited application of this Act outside Australia 8 Extension of this Act to external Territories and other areas 9 Application of this Act in external Territories and other areas 10 Rights of foreign aircraft and vessels under Convention on the Law of the Sea not affected 11 Concurrent operation of State and Territory laws Part 2—Interpretation Division 1—Definitions 12 Definitions 13 Meaning of associate 14 Meaning of Australian territory 15 Meaning of entered for export 16 Meaning of export operations 17 Meaning of installation 18 Meaning of integrity 19 Meaning of occupier Division 2—Other interpretation provisions 20 When goods are exported 21 Persons who manage or control export operations Chapter 2—Exporting goods Part 1—Goods and exports Division 1—Introduction 22 Simplified outline of this Part Division 2—Prohibited goods and exports Subdivision A—Permanently prohibited goods and exports 23 Goods that are prohibited from export absolutely 23A Goods that are prohibited from export by sea Subdivision B—Temporarily prohibited goods 24 Minister may temporarily prohibit export of goods from Australian territory, or from a part of Australian territory, for a period 25 Variation of temporary prohibition determination 26 Effect of temporary prohibition determination on government certificate or export permit 27 Temporary prohibition determination prevails over inconsistent rules Division 3—Prescribed goods and conditions of export 28 Rules may prescribe goods for the purposes of this Act 29 Rules may prohibit export of prescribed goods subject to conditions Division 4—Offences and civil penalty provisions 30 Exporting goods that are subject to prohibition on export—basic contravention 31 Exporting goods that are subject to prohibition on export—intention to obtain commercial advantage 32 Exporting goods that are subject to prohibition on export—economic consequences for Australia 33 Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc. 34 Exporting goods to a temporarily prohibited place—basic contravention 35 Exporting goods to a temporarily prohibited place—intention to obtain commercial advantage 36 Exporting goods to a temporarily prohibited place—economic consequences for Australia 37 Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc. 38 Exporting prescribed goods—non‑compliance with prescribed export conditions—basic contravention 39 Exporting prescribed goods—non‑compliance with prescribed export conditions—intention to obtain commercial advantage 40 Exporting prescribed goods—non‑compliance with prescribed export conditions—economic consequences for Australia 41 Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc. 42 Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—basic contravention 43 Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—intention to obtain commercial advantage 44 Exporting prescribed goods to a particular place—non‑compliance with prescribed export conditions—economic consequences for Australia 45 Conveying or possessing prescribed goods that are intended to be exported to a particular place in contravention of conditions etc. 46 Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions—general 47 Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions—goods to be exported to a particular place 48 Making false or misleading representation about prescribed goods that are entered for export—general 49 Making false or misleading representation about prescribed goods that are entered for export to a particular place 50 Making false or misleading representation about non‑prescribed goods that are entered for export 50A Penalties for certain contraventions by bodies corporate Part 2—Exemptions Division 1—Introduction 51 Simplified outline of this Part 52 Application of this Part Division 2—Exemptions 53 Application for exemption 54 Secretary must decide whether to grant exemption 55 Exemption may be granted subject to conditions 56 Notice of decision 57 Period of effect of exemption 58 Variation of conditions of exemption 59 Revocation of exemption 60 Effect of exemption Part 3—Government certificates Division 1—Introduction 61 Simplified outline of this Part Division 2—Rule‑making powers 62 Rules may make provision for and in relation to government certificates 63 Issuing bodies 64 Certain issuing bodies may charge fees Division 3—Issue of government certificate 65 Application for government certificate 66 Additional or corrected information 67 Issuing body must decide whether to issue government certificate 68 Powers of Secretary in relation to application 69 Applications in relation to certain kinds of non‑prescribed goods 70 Government certificate for goods that are to be, or that have been, exported from certain external Territories 71 Manner of issuing government certificate 72 Period of effect of government certificate Division 4—Other matters 73 Secretary may require assessment of goods 74 Additional or corrected information in relation to application for government certificate etc. 75 Revocation of government certificate 76 Return of government certificate Chapter 3—Accredited properties Part 1—Introduction 77 Simplified outline of this Chapter Part 2—Application for accreditation 78 Application for accreditation of property 79 Secretary must decide whether to accredit property 80 Conditions of accreditation 81 Notice of decision 82 Period of effect of accreditation Part 3—Renewal of accreditation 83 Application to renew accreditation of property 84 Secretary must decide whether to renew accreditation 85 Conditions of renewed accreditation 86 Notice of decision Part 4—Variation of accreditation Division 1—Application by manager 87 Application by manager for variation of accreditation or approval of alteration of property 88 Notice of variation or approval of alteration 89 Certain variations must not be made unless approved Division 2—Variation by Secretary 90 Secretary may make variations in relation to accreditation 91 Notice of variation Part 5—Suspension of accreditation Division 1—Suspension requested by manager 92 Manager may request suspension 93 Request to revoke suspension Division 2—Suspension by Secretary 94 Grounds for suspension—general 95 Grounds for suspension—overdue relevant Commonwealth liability 96 Notice of suspension 97 Period of suspension 98 Revocation of suspension Division 3—Other provisions 99 Effect of suspension 100 Export operations must not be carried out while accreditation suspended Part 6—Revocation of accreditation Division 1—Revocation requested by manager 101 Manager may request revocation Division 2—Revocation by Secretary 102 Grounds for revocation—general 103 Grounds for revocation—overdue relevant Commonwealth liability 104 Notice of revocation Division 3—Other provisions 105 Secretary may require action to be taken after accreditation revoked Part 7—Obligations of managers of accredited properties etc. 106 Conditions of accreditation must not be contravened 107 Additional or corrected information in relation to application for accreditation etc. 108 Notice of event or change in circumstances 109 Notice of person ceasing to be manager of accredited property Chapter 4—Registered establishments Part 1—Introduction 110 Simplified outline of this Chapter Part 2—Application for registration 111 Application for registration of establishment 112 Secretary must decide whether to register establishment 113 Conditions of registration 114 Notice of decision and certificate of registration 115 Period of effect of registration Part 3—Renewal of registration 116 Application to renew registration of establishment 117 Secretary must decide whether to renew registration 118 Conditions of renewed registration 119 Notice of decision and certificate of registration Part 4—Variation of registration Division 1—Application by occupier 120 Application by occupier for variation of registration or approval of alteration of establishment 121 Notice of variation or approval of alteration 122 Certain alterations of registered establishment must not be made unless approved etc. Division 2—Variation by Secretary 123 Secretary may make variations in relation to registration 124 Notice of variation Part 5—Suspension of registration Division 1—Suspension requested by occupier 125 Occupier may request suspension 126 Request to revoke suspension Division 2—Suspension by Secretary 127 Grounds for suspension—general 128 Grounds for suspension—overdue relevant Commonwealth liability 129 Notice of suspension 130 Period of suspension 131 Revocation of suspension Division 3—Direction to cease carrying out export operations 132 Direction to cease carrying out export operations—failure to comply with conditions or requirements of this Act etc. 133 Occupier must comply with direction 134 Revocation of direction Division 4—Other provisions 135 Effect of suspension 136 Export operations must not be carried out while registration suspended Part 6—Revocation of registration Division 1—Revocation requested by occupier 137 Occupier may request revocation Division 2—Revocation by Secretary 138 Grounds for revocation—general 139 Grounds for revocation—overdue relevant Commonwealth liability 140 Notice of revocation Division 3—Other provisions 141 Export operations must not be carried out after registration of establishment revoked 142 Secretary may require action to be taken after registration revoked Part 7—Obligations of occupiers of registered establishments 143 Export operations not covered by registration must not be carried out 144 Conditions of registration must not be contravened 145 Additional or corrected information in relation to application for registration etc. 146 Notice of changes to occupier of registered establishment 147 Notice of person ceasing to be occupier of registered establishment Part 8—Other matters 148 Register of registered establishments Chapter 5—Approved arrangements Part 1—Introduction 149 Simplified outline of this Chapter Part 2—Approval of proposed arrangement 150 Application for approval of proposed arrangement 151 Secretary must decide whether to approve proposed arrangement 152 Conditions of approved arrangement 153 Notice of decision 154 Period of effect of approved arrangement Part 3—Renewal of approved arrangement 155 Application to renew approved arrangement 156 Secretary must decide whether to renew approved arrangement 157 Conditions of renewed approved arrangement 158 Notice of decision Part 4—Variation of approved arrangement Division 1—Variations by holder Subdivision A—Non‑significant variations 159 Holder may make non‑significant variations of approved arrangement 160 Date of effect of varied approved arrangement Subdivision B—Significant variations and variation of conditions 161 Application by holder for approval of approved alternative regulatory arrangement or other significant variation or to vary conditions 162 Notice of variation 163 Varied approved arrangement must not be implemented unless variation approved etc. Subdivision C—Matters relating to whether proposed variation of approved arrangement is significant 164 Matters to which regard must be had in considering whether proposed variation of approved arrangement is significant Division 2—Variation required or made by Secretary 165 Secretary may require approved arrangement to be varied or make certain variations of approved arrangement 166 Variations required by the Secretary 167 Varied approved arrangement must not be implemented unless approved etc. 168 Notice of variations made by the Secretary Part 5—Suspension of approved arrangement Division 1—Suspension requested by holder 169 Holder may request suspension 170 Request to revoke suspension Division 2—Suspension by Secretary 171 Grounds for suspension—general 172 Grounds for suspension—overdue relevant Commonwealth liability 173 Notice of suspension 174 Period of suspension 175 Revocation of suspension Division 3—Other provisions 176 Effect of suspension 177 Export operations must not be carried out while approved arrangement suspended Part 6—Revocation of approved arrangement Division 1—Revocation requested by holder 178 Holder may request revocation Division 2—Revocation by Secretary 179 Grounds for revocation—general 180 Grounds for revocation—overdue relevant Commonwealth liability 181 Notice of revocation Division 3—Other provisions 182 Export operations must not be carried out after approved arrangement revoked 183 Secretary may require action to be taken after approved arrangement revoked Part 7—Obligations of holders of approved arrangements 184 Conditions of approved arrangement must not be contravened 185 Additional or corrected information in relation to application to approve proposed arrangement etc. 186 Notice of changes to holder of approved arrangement 187 Notification of conviction of serious offence 188 Notice of person ceasing to operate business etc. covered by approved arrangement Chapter 6—Export licences Part 1—Introduction 189 Simplified outline of this Chapter Part 2—Grant of export licence 190 Application for export licence 191 Secretary must decide whether to grant export licence 192 Conditions of export licence 193 Matters to be stated in export licence 194 Period of effect of export licence Part 3—Renewal of export licence 195 Application to renew export licence 196 Secretary must decide whether to renew export licence 197 Conditions of renewed export licence 198 Matters to be stated in renewed export licence Part 4—Variation of export licence Division 1—Application by holder 199 Application by holder for variation of export licence 200 Notice of variation Division 2—Variation by Secretary 201 Secretary may make variations in relation to export licence 202 Notice of variation Part 5—Suspension of export licence Division 1—Suspension requested by holder 203 Holder may request suspension 204 Request to revoke suspension Division 2—Suspension by Secretary 205 Grounds for suspension—general 206 Grounds for suspension—overdue relevant Commonwealth liability 207 Notice of suspension 208 Period of suspension 209 Revocation of suspension Division 3—Other provisions 210 Effect of suspension Part 6—Revocation of export licence Division 1—Revocation requested by holder 211 Holder may request revocation Division 2—Revocation by Secretary 212 Grounds for revocation—general 213 Grounds for revocation—overdue relevant Commonwealth liability 214 Notice of revocation Division 3—Other provisions 215 Export operations must not be carried out after export licence revoked 216 Secretary may require action to be taken after export licence revoked Part 7—Obligations of holders of export licences 217 Conditions of export licence must not be contravened 218 Additional or corrected information in relation to application for licence etc. 219 Notice of changes to holder of export licence Part 8—Other matters 220 Persons who participate in the management or control of another person's export business 221 Secretary's powers in relation to associates of holder of export licence 222 Secretary may give directions to holder of export licence Chapter 7—Export permits Part 1—Introduction 223 Simplified outline of this Chapter Part 2—Issue of export permit 224 Application for export permit 225 Secretary must decide whether to issue export permit 226 Requirements for export permit 227 Conditions of export permit 228 Period of effect of export permit Part 3—Variation, suspension and revocation of export permit 229 Secretary may vary export permit or conditions of permit 230 Period of effect of varied export permit 231 Secretary may suspend export permit 232 Effect of suspension 233 Secretary may revoke export permit Part 4—Other matters 234 Secretary may require assessment of goods 235 Additional or corrected information in relation to application for export permit etc. 236 Return of export permit 237 Notification that goods not to be exported Part 5—Applications for export permits 238 Applications to which this Part applies 239 Requirements for applications 240 Additional or corrected information 241 Powers of Secretary in relation to application Chapter 8—Other matters relating to export Part 1—Notices of intention to export Division 1—Introduction 242 Simplified outline of this Part Division 2—Notices of intention to export 243 Notice of intention to export—general 244 Additional or corrected information Part 2—Trade descriptions Division 1—Introduction 245 Simplified outline of this Part Division 2—Trade descriptions for prescribed goods 246 Meaning of trade description 247 When a trade description is applied to goods 248 Rules may make provision in relation to trade descriptions 249 Conduct that contravenes rules 250 Alteration of or interference with trade description Division 3—False trade descriptions for prescribed goods 251 Meaning of false trade description 252 False trade description must not be applied to prescribed goods 253 Goods with false trade description must not be exported etc. Part 3—Official marks Division 1—Introduction 254 Simplified outline of this Part Division 2—Rule‑making powers 255 Official marks 256 Marks resembling official marks 257 Official marking devices Division 3—Offences and civil penalty provisions 258 Conduct that contravenes rules 259 Applying a false, misleading or deceptive official mark to goods 260 Applying a false, misleading or deceptive official mark to a document 261 Conduct that results in official mark applied to goods being altered to be false, misleading or deceptive 262 Conduct that results in official mark applied to a document being altered to be false, misleading or deceptive Part 4—Tariff rate quotas Division 1—Introduction 263 Simplified outline of this Part Division 2—Tariff rate quota systems 264 Tariff rate quota systems Chapter 9—Powers and officials Part 1—Audits Division 1—Introduction 265 Simplified outline of this Part Division 2—General 266 Audits of export operations 267 Audits in relation to persons performing functions or exercising powers under this Act 268 Single audit or program of audits may be required 269 Relevant person for an audit 270 Conduct of audit 271 Relevant person for an audit must provide assistance 272 Powers of auditors Division 3—Approved auditors 273 Secretary may approve persons to conduct audits 274 Rules may provide for classes of persons to be auditors 275 Approved auditors may charge fees Part 2—Assessment of goods Division 1—Introduction 276 Simplified outline of this Part Division 2—General 277 Circumstances in which an assessment may be carried out etc. 278 Relevant person for an assessment of goods 279 Process for carrying out an assessment of goods etc. 280 Powers that may be exercised in carrying out an assessment of goods Division 3—Approved assessors 281 Secretary may approve persons to carry out assessments of goods 282 Rules may provide for classes of persons to be assessors 283 Approved assessors may charge fees Part 3—Powers of the Secretary Division 1—Introduction 284 Simplified outline of this Part Division 2—Powers of the Secretary 285 Power to require information or documents 286 Power to arrange for certain decisions to be made by computer programs 287 Rules may authorise Commonwealth to enter into arrangements under which money may be paid for certain purposes 288 Delegation and subdelegation 289 Minister may give directions to Secretary Part 4—Authorised officers Division 1—Introduction 290 Simplified outline of this Part Division 2—Authorisation 291 Authorisation of persons to be authorised officers 292 Conditions of authorisation 293 Third party authorised officers must not contravene conditions of authorisation 294 Arrangements for State or Territory officers or employees to be authorised officers Division 3—Variation, suspension and revocation of authorisation Subdivision A—Variation, suspension and revocation on Secretary's own initiative 295 Variation of authorisation 296 Suspension of authorisation 297 Revocation of authorisation 298 Notice of proposed action must be given to third party authorised officer Subdivision B—Variation, suspension and revocation on application or request by third party authorised officer 298A Application for variation of authorisation 298B Additional or corrected information 298C Request for suspension of authorisation 298D Request for revocation of authorisation Subdivision C—Other provisions 299 Secretary may request notification of certain events by suspended third party authorised officer Division 4—Functions and powers 300 Rules may confer functions or powers on authorised officers 301 Functions and powers of authorised officers 302 Third party authorised officer must not contravene direction 303 Certain authorised officers may charge fees 304 Direction to assist persons performing functions etc. under this Act 305 Direction to deal with non‑compliance with the requirements of this Act etc. Division 5—Miscellaneous 306 Identity cards 307 Offence—failure to return identity card 308 Certain goods or services must not be provided to, or received by, authorised officers 309 General provisions relating to directions Part 5—Accredited veterinarians and approved export programs Division 1—Introduction 310 Simplified outline of this Part Division 2—Approved export programs 311 Approved export programs 312 Accreditation of veterinarians 313 Secretary may direct authorised officers to carry out certain export operations in approved export program 314 Secretary may direct authorised officer to monitor or review export operations in approved export programs Division 3—Offences and civil penalty provisions 315 Offence—person other than accredited veterinarian or authorised officer carrying out export operations in approved export program 316 Strict liability offence—failure to keep records or provide reports in relation to approved export program 317 Strict liability offence—failure to remedy deficiency in carrying out approved export program 318 Offence—failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program 319 Strict liability offence—contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination 320 Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program 321 Strict liability offence—contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc. Division 4—Extended geographical operation of offences 322 Extended geographical operation of offences Chapter 10—Compliance and enforcement Part 1—Introduction 323 Simplified outline of this Part 324 Modified meaning of authorised officer Part 2—Monitoring Division 1—Introduction 325 Simplified outline of this Part Division 2—Monitoring under Part 2 of the Regulatory Powers Act 326 Basic monitoring powers under Part 2 of the Regulatory Powers Act 327 Modifications of Part 2 of the Regulatory Powers Act Part 3—Investigation Division 1—Introduction 328 Simplified outline of this Part Division 2—Investigating under Part 3 of the Regulatory Powers Act 329 Basic investigation powers under Part 3 of the Regulatory Powers Act 330 Modifications of Part 3 of the Regulatory Powers Act Part 4—Entry to adjacent premises Division 1—Introduction 331 Simplified outline of this Part 332 Modified meaning of premises Division 2—Entering adjacent premises to gain access to other premises 333 Entering adjacent premises to gain access to other premises 334 Entry under adjacent premises warrant Division 3—Adjacent premises warrants 335 Application and issue of adjacent premises warrant Division 4—Obligations and powers of authorised officers 336 Consent 337 Announcement before entry under warrant 338 Authorised officer to be in possession of warrant 339 Details of warrant etc. to be provided 340 Use of force in executing a warrant Division 5—Appropriate person's rights and responsibilities 341 Right to observe execution of warrant 342 Responsibility to provide facilities and assistance Division 6—Powers of issuing officers 343 Powers of issuing officers Part 5—Entering and exercising powers on premises without a warrant or consent Division 1—Introduction 344 Simplified outline of this Part 345 Premises to which this Part applies Division 2—Monitoring and searching relevant premises 346 Monitoring relevant premises 347 Offence‑related searches and seizures Division 3—Obligations and powers of authorised officers 348 Announcement before entry 349 Use of force in entering premises Division 4—Appropriate person's rights and responsibilities 350 Right to observe exercise of powers 351 Responsibility to provide facilities and assistance Part 6—Powers in emergency situations Division 1—Introduction 352 Simplified outline of this Part Division 2—Powers that may be exercised in or on premises in emergency situations 353 Securing evidential material without consent or warrant in emergency situation 354 Stopping and searching conveyance without warrant in emergency situation Part 7—Civil penalties Division 1—Introduction 355 Simplified outline of this Part Division 2—Civil penalties under Part 4 of the Regulatory Powers Act 356 Basic operation of civil penalties under Part 4 of the Regulatory Powers Act Part 8—Infringement notices Division 1—Introduction 358 Simplified outline of this Part Division 2—Infringement notices under Part 5 of the Regulatory Powers Act 359 Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act 360 Modifications of Part 5 of the Regulatory Powers Act Part 9—Enforceable undertakings Division 1—Introduction 361 Simplified outline of this Part Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act 362 Enforceable undertakings Part 10—Injunctions Division 1—Introduction 363 Simplified outline of this Part Division 2—Injunctions under Part 7 of the Regulatory Powers Act 364 Injunctions Part 10A—Liability of executive officers and adverse publicity orders 364A Simplified outline of this Part 364B Criminal liability for executive officers of bodies corporate 364C Civil liability for executive officers of bodies corporate 364D Civil penalty—indemnification of executive officers 364E Certain indemnities not authorised and certain documents void 364F Adverse publicity orders Part 11—Miscellaneous Division 1—Introduction 365 Simplified outline of this Part Division 2—Persons assisting authorised officers 366 Persons assisting authorised officers Division 3—Civil penalty provisions for false or misleading information or documents 367 Civil penalty provision for false or misleading statements in applications 368 Civil penalty provision for false or misleading information 369 Civil penalty provision for false or misleading documents Division 4—General rules about offences and civil penalty provisions 370 Physical elements of offences 371 Contravening an offence provision or a civil penalty provision Division 5—Fit and proper person test 372 Fit and proper person test 373 Rules may prescribe kinds of persons that are required to be fit and proper persons for the purposes of Chapter 5 or 6 374 Notification of conviction of offence or order to pay pecuniary penalty Chapter 11—Miscellaneous Part 1—Matters relating to applications Division 1—Introduction 375 Simplified outline of this Part Division 2—Matters relating to certain applications 376 Applications to which this Division applies 377 Requirements for applications 378 Additional or corrected information 379 Dealing with applications Part 1A—Alternative regulatory arrangements Division 1—Introduction 379A Simplified outline of this Part Division 2—Alternative regulatory arrangements 379B Application to approve alternative regulatory arrangement 379C Secretary must decide whether to approve alternative regulatory arrangement Part 2—Review of decisions Division 1—Introduction 380 Simplified outline of this Part Division 2—Review of decisions 381 Reviewable decisions 382 Notice of decision 383 Internal review of reviewable decisions 384 Secretary may require further information from applicants 385 Review by the Administrative Review Tribunal 386 Review of decisions relating to tariff rate quota entitlements or tariff rate quota certificates Part 3—Information management Division 1—Introduction 387 Simplified outline of this Part Division 2—Authorised uses and disclosures of relevant information 388 Use or disclosure for the purposes of this Act 389 Disclosure to foreign governments etc. for export, trade and other purposes 390 Use or disclosure for the purposes of certain Acts 391 Disclosure to a Commonwealth entity 392 Disclosure to a court, tribunal etc. 393 Disclosure for the purposes of law enforcement 394 Use or disclosure for research, policy development or data analysis 395 Use or disclosure of statistics 396 Use or disclosure of publicly available information 397 Disclosure to person to whom information relates 397A Use or disclosure with consent 397B Disclosure to person who provided information 397C Disclosure to State or Territory body 397D Use or disclosure to manage severe and immediate threats 397E Use or disclosure authorised by rules Division 3—Protected information 397F Meaning of protected information 397G Offence and civil penalty—use or disclosure of protected information Part 4—Cost recovery Division 1—Introduction 398 Simplified outline of this Part Division 2—Fees 399 Fees and other rules for fee‑bearing activities Division 3—Payment of cost‑recovery charges 400 Paying cost‑recovery charges 401 Person liable to pay cost‑recovery charges 402 Notional payments by the Commonwealth Division 4—Unpaid cost‑recovery charges 403 Late payment fee 404 Recovery of cost‑recovery charges Division 5—Miscellaneous 405 Secretary may remit or refund cost‑recovery charges 406 Secretary may direct that activities not be carried out Part 5—Records Division 1—Introduction 407 Simplified outline of this Part Division 2—Records 408 Requirements to retain records Part 6—Miscellaneous Division 1—Introduction 409 Simplified outline of this Part Division 2—Taking, testing and analysing samples 410 Methods for taking, testing and analysing certain samples 411 Storage of samples 412 Test or analysis may result in destruction or reduction in value of sample 413 Appointment of analyst 414 Analyst may give certificate 415 Admission of analyst's certificate in proceedings Division 3—Forfeiture of goods 416 Forfeiture of goods Division 4—Damaged and destroyed goods etc. 417 Person complying with direction or request must not damage or destroy goods 418 Goods seized in certain circumstances may be destroyed 419 Compensation for damaged or destroyed goods 420 Claims for, and amount of, compensation Division 5—Partnerships, unincorporated associations and trusts 421 Treatment of partnerships 422 Treatment of unincorporated associations 423 Treatment of trusts Division 6—Matters relating to export of livestock 424 Report to Parliament about export of livestock Division 6A—Assistance in relation to the phasing out of the export of live sheep by sea Subdivision A—Arrangements and grants 424A Arrangements and grants in relation to the phasing out of the export of live sheep by sea 424B Executive power of the Commonwealth 424C Inclusion of information in annual reports 424D Delegation Subdivision B—Programs 424E Programs in relation to the phasing out of the export of live sheep by sea 424F Arrangements in relation to prescribed programs 424G Terms and conditions for arrangements in relation to prescribed programs 424H Delegation 424J Inclusion of information in annual reports 424K Executive power of the Commonwealth 424L Relationship of this Subdivision with the Public Governance, Performance and Accountability Act 2013 Division 7—Miscellaneous 425 Compensation for acquisition of property 426 Privilege against self‑incrimination 427 Hindering compliance with the Act etc. 427A Influencing a person performing functions or duties or exercising powers 428 Power or requirement to do or cause a thing to be done 429 Arrangements with States and Territories to assist in carrying out this Act 430 Protection from civil proceedings 431 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid 432 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the control of the export of certain goods, and for related purposes Chapter 1—Preliminary Part 1—Preliminary 1 Short title This Act is the Export Control Act 2020. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 6 March 2020 2. Sections 3 to 432 A single time (in the Australian Capital Territory) to be fixed by Proclamation. 3 am (A.C.T.) 28 March 2021 However, if the provisions do not commence before 3 am (by legal time in the Australian Capital Territory) on 28 March 2021, they commence at that time. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act 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) to give effect to Australia's rights and obligations relating to goods that are exported under any international agreements to which Australia is a party. 4 Simplified outline of this Act 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 from being exported from Australian territory, either absolutely or by sea. 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 Review 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. 5 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be: (a) prosecuted for an offence; or (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or (c) given an infringement notice under Part 5 of the Regulatory Powers Act. 6 Application of this Act in Australia General (1) Subject to subsections (2) to (4), this Act applies in Australia, and in the exclusive economic zone adjacent to Australia, and on or in the continental shelf adjacent to Australia, in relation to: (a) all persons or bodies (including foreign persons or bodies); and (b) all aircraft (including foreign aircraft); and (c) all vessels (including foreign vessels). Note: A reference to Australia includes a reference to the coastal sea of Australia. See section 15B of the Acts Interpretation Act 1901. Limited application in the exclusive economic zone (2) This Act applies in an area that is, or is part of, the exclusive economic zone adjacent to Australia in relation to a foreign person or body, a foreign aircraft or a foreign vessel only in relation to the export of goods that have been taken in that area. (3) However, subsection (2) does not prevent the exercise of powers under this Act in the contiguous zone of Australia (including the external Territories) in relation to a foreign person or body, a foreign aircraft or a foreign vessel: (a) to investigate a contravention of this Act that occurred in Australia; or (b) to prevent a contravention of this Act occurring in Australia. Limited application on or in the continental shelf (4) This Act applies in an area that: (a) is on or in the continental shelf adjacent to Australia; and (b) is not within the exclusive economic zone adjacent to Australia; in relation to a foreign person or body, a foreign aircraft or a foreign vessel only in relation to the export of natural resources that have been harvested on the continental shelf in that area. Note: For natural resources, see section 12. (5) This section has effect subject to section 10. 7 Limited application of this Act outside Australia (1) This Act applies in an area covered by subsection (2) in relation to the following: (a) Australian nationals; (b) Australian residents; (c) the Commonwealth; (d) Commonwealth bodies; (e) Australian aircraft; (f) Australian vessels; (g) members of crews of Australian aircraft and Australian vessels (including persons in charge of Australian aircraft or Australian vessels). (2) This subsection covers an area that: (a) is outside the outer limits of the exclusive economic zone adjacent to Australia and is not on or in the continental shelf adjacent to Australia; and (b) is not an external Territory, or the exclusive economic zone adjacent to an external Territory, or on or in the continental shelf adjacent to an external Territory. 8 Extension of this Act to external Territories and other areas (1) Subject to subsection (2), this Act does not extend to the external Territories. (2) The rules may extend this Act, or any provisions of this Act: (a) to an external Territory that is prescribed by the rules; or (b) to any of the following areas that are prescribed by the rules: (i) the whole or a part of the exclusive economic zone adjacent to an external Territory; (ii) the whole or a part of the area that is on or in the continental shelf adjacent to an external Territory and is not within the exclusive economic zone adjacent to that Territory; or (c) to an area outside the Australian fishing zone in relation to which the Fisheries Management Act 1991 applies under regulations made for the purposes of section 8 of that Act. (3) The rules may extend this Act, or any provisions of this Act, to an area adjacent to an external Territory under subparagraph (2)(b)(i) or (ii) whether or not this Act extends to that external Territory. Note 1: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12). Note 2: A provision of this Act that extends to an external Territory is taken to have effect in, and in relation to, the coastal sea of the Territory as if that coastal sea were part of the Territory (see subsection 15B(3) of the Acts Interpretation Act 1901). 9 Application of this Act in external Territories and other areas General (1) If a provision of this Act extends to an external Territory or an area adjacent to an external Territory under subsection 8(2), then subject to subsections (2) to (5), the provision applies in the external Territory or the adjacent area in relation to: (a) all persons or bodies (including foreign persons or bodies); and (b) all aircraft (including foreign aircraft); and (c) all vessels (including foreign vessels). Limited application in the contiguous zone (2) If a provision of this Act extends to an external Territory under paragraph 8(2)(a), nothing in this Act prevents the exercise of powers under this Act in the contiguous zone adjacent to the external Territory (or in the contiguous zone adjacent to Australia) in relation to a foreign person or body, a foreign aircraft or a foreign vessel: (a) to investigate a contravention of this Act that occurred in that Territory; or (b) to prevent a contravention of this Act occurring in that Territory. Limited application in the exclusive economic zone (3) If a provision of this Act extends to an area adjacent to an external Territory under subparagraph 8(2)(b)(i), the provision applies in that area in relation to a foreign person or body, a foreign aircraft or a foreign vessel only in relation to the export of goods that have been taken in that area. (4) However, subsection (3) does not prevent the exercise of powers under this Act in the contiguous zone adjacent to the external Territory (or in the contiguous zone adjacent to Australia) in relation to a foreign person or body, a foreign aircraft or a foreign vessel for a purpose referred to in paragraph (2)(a) or (b). Limited application on or in the continental shelf (5) If a provision of this Act extends to an area under subparagraph 8(2)(b)(ii), the provision applies in relation to a foreign person or body, a foreign aircraft or a foreign vessel only in relation to the export of natural resources that have been harvested on the continental shelf in that area. Note: For natural resources, see section 12. (6) This section has effect subject to section 10. 10 Rights of foreign aircraft and vessels under Convention on the Law of the Sea not affected This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign aircraft or foreign vessels, in accordance with the United Nations Convention on the Law of the Sea, above or in any of the following: (a) the territorial sea of Australia (including the external Territories); (b) the exclusive economic zone of Australia (including the external Territories); (c) waters above the continental shelf of Australia (including the external Territories). 11 Concurrent operation of State and Territory laws (1) This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also: (i) an offence against a provision of this Act; or (ii) subject to a civil penalty under this Act. (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following, in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided in this Act; (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act. Part 2—Interpretation Division 1—Definitions 12 Definitions In this Act: accredited property means a property that is accredited under Chapter 3. accredited veterinarian means a veterinarian who is accredited in accordance with rules made for the purposes of subsection 312(1). adjacent premises warrant means a warrant issued under section 335. aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface. animal includes a dead animal and any part of an animal, but does not include a human or a part of a human, whether the human is dead or alive. animal reproductive material: (a) means any part of an animal from which another animal can be produced; and (b) includes an embryo, an egg or ovum, and semen. applied, in relation to a trade description, has the meaning given by section 247. appropriate person for premises to which an adjacent premises warrant relates, or premises entered under section 346 or 347, means: (a) the occupier of the premises; or (b) another person who apparently represents the occupier. approved arrangement means an approved arrangement under Chapter 5. approved assessor: (a) means a person, or a person included in a class of persons, approved under subsection 281(1); and (b) includes a person included in a class of persons specified by rules made for the purposes of section 282. approved auditor: (a) means a person, or a person included in a class of persons, approved under subsection 273(1); and (b) includes a person included in a class of persons specified by rules made for the purposes of section 274. approved export program means a program of export operations approved under subsection 311(1). assessor means: (a) an approved assessor; or (b) an authorised officer whose functions and powers include carrying out an assessment of goods under Part 2 of Chapter 9. associate of a person has a meaning affected by section 13. auditor means: (a) an approved auditor; or (b) an authorised officer whose functions and powers include conducting an audit under Part 1 of Chapter 9. Australian aircraft means an aircraft that is registered under regulations made under the Civil Aviation Act 1988. Australia New Zealand Food Standards Code has the same meaning as in the Food Standards Australia New Zealand Act 1991. Australian fishing zone has the same meaning as in the Fisheries Management Act 1991. Australian law means a law of the Commonwealth, or of a State or Territory. Australian national means: (a) an Australian citizen; or (b) a body corporate established by or under a law of the Commonwealth or of a State or Territory. Australian resident means: (a) an individual who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or (b) a body corporate that has its principal place of business in Australia. Australian territory has the meaning given by section 14. Australian vessel means an Australian ship within the meaning of the Shipping Registration Act 1981. authorised officer means (except as provided by section 324) a person who is authorised under section 291 to be an authorised officer under this Act. Note: Section 324 provides a modified meaning of authorised officer for the purposes of Chapter 10 (compliance and enforcement). certificate of registration, for a registered establishment, means the most recent certificate of registration for the establishment given to the occupier of the establishment under Chapter 4. civil penalty provision has the same meaning as in the Regulatory Powers Act. Commonwealth authorised officer means an authorised officer who is an officer or employee of a Commonwealth body. Commonwealth body includes a Department of State, or an authority or agency, of the Commonwealth. Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. conveyance means any of the following: (a) an aircraft; (b) a vessel; (c) a vehicle; (d) any other means of transport prescribed by the rules. corporation means a corporation within the meaning of the Corporations Act 2001. cost‑recovery charge means: (a) a fee prescribed by rules made for the purposes of subsection 399(1) for a fee‑bearing activity; or (b) a charge imposed by: (i) the Export Charges (Imposition—Customs) Act 2015; or (ii) the Export Charges (Imposition—Excise) Act 2015; or (iii) the Export Charges (Imposition—General) Act 2015; or (c) a late payment fee relating to a fee or charge described in paragraph (a) or (b). covering, in relation to goods, includes a bottle, box, capsule, case, container, frame, glass, seal, stopper and wrapper. de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988. dishonest, in relation to conduct engaged in by a person, means dishonest according to the standards of ordinary people. economic consequences for Australia includes the following: (a) substantial damage to Australia's trading reputation; (b) a restriction on, or the closure of, access to one or more overseas markets for all goods or a kind of goods from Australia. eligible animal reproductive material means prescribed goods that are animal reproductive material. eligible live animals means prescribed goods that are live animals. engage in conduct means: (a) do an act; or (b) omit to perform an act. entered for export has the meaning given by section 15. entrusted person means any of the following: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department; (e) any other person who is: (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and (ii) in a class of persons specified by rules made for the purposes of this subparagraph. establishment has the same meaning as premises. evidential material has the same meaning as in the Regulatory Powers Act. examine includes count, gauge, grade, measure and weigh. executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body corporate, who is concerned in, or takes part in, the management of the body corporate. expiry date: (a) for the accreditation of a property—has the meaning given by subsection 82(4); or (b) for the registration of an establishment—has the meaning given by subsection 115(4); or (c) for an approved arrangement—has the meaning given by subsection 154(4); or (d) for an export licence—has the meaning given by subsection 194(4). export means export from Australian territory to a place outside Australian territory. Note: See also section 20 which provides for when goods are exported. export business means a business that carries out export operations in relation to a kind of goods. export licence means an export licence granted under Chapter 6. export operations has the meaning given by section 16. export permit means an export permit issued under Part 2 of Chapter 7. false trade description has the meaning given by section 251. Federal Court means the Federal Court of Australia. fee‑bearing activities has the meaning given by subsection 399(1). fish means aquatic vertebrates and aquatic invertebrates but does not include mammals or birds. fit for human consumption means safe and suitable for human consumption. food includes: (a) any substance or thing of a kind used, or capable of being used, for human consumption (whether it is live, raw, prepared or partly prepared); and (b) any substance or thing of a kind used, or capable of being used, as an ingredient or additive in a substance or thing referred to in paragraph (a); whether or not the substance or thing is in a condition fit for human consumption. foreign aircraft means an aircraft other than an Australian aircraft. foreign person or body means any of the following: (a) an individual who is not an Australian national or an Australian resident; (b) a body corporate that is not an Australian national or an Australian resident; (c) a body politic of a foreign country; (d) a trust, where the trustee, or a majority of the trustees, are covered by any or all of the above paragraphs. foreign vessel means a vessel other than an Australian vessel. goods means any of the following: (a) an animal or a plant; (b) an article, substance or thing (including reproductive material) derived from an animal or a plant, whether or not in combination with any other article, substance or thing; (c) food; (d) any other article, substance or thing. government certificate means a certificate (other than a tariff rate quota certificate) in relation to goods that are to be, or that have been, exported and that relates to any of the following: (a) matters in respect of which a country requires certification before goods of that kind may be imported into that country from Australian territory or from a part of Australian territory; (b) requirements of this Act that must be complied with before goods of that kind may be exported; (c) other matters concerning goods of that kind. husbandry activities, in relation to a live animal, means activities relating to the care and maintenance of the animal (for example, housing, daily monitoring, feeding, cleaning of facilities and administration of medication). importing country requirement, in relation to goods that are to be imported into a country from Australian territory or from a part of Australian territory, means a requirement of that country that must be met before the goods may be imported into that country from Australian territory or from that part of Australian territory. installation has the meaning given by section 17. integrity has the meaning given by section 18. International Plant Protection Convention means the International Plant Protection Convention, done at Rome on 6 December 1951, as in force from time to time. Note: The Convention is in Australian Treaty Series 1952 No. 5 ([1952] ATS 5) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). investigation warrant means: (a) a warrant issued under section 70 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 329(1); or (b) a warrant signed by an issuing officer under section 71 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 329(1). issuing body for a government certificate in relation to a kind of goods means a person or body that may issue a government certificate in relation to goods of that kind under section 63. issuing officer means: (a) a magistrate; or (b) a Judge of a court of a State or Territory; or (c) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). label includes a tag, band, ticket, brand and pictorial or other descriptive matter. landing place means any place where an aircraft can land, including: (a) an area of land or water; and (b) an area on a building or a vessel. late payment fee has the meaning given by section 403. manager of a property means the person who is responsible for the day‑to‑day management of the property. mark includes a stamp, seal and label. monitoring warrant means a warrant issued under section 32 of the Regulatory Powers Act as it applies in relation to this Act. natural resources has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea. Note: Paragraph 4 of Article 77 of the Convention provides as follows: The natural resources referred to in this Part consist of the mineral and other non‑living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. nominated export permit issuer, in relation to a kind of prescribed goods, means a person who: (a) manages or controls export operations in relation to goods of that kind that are covered by an approved arrangement; and (b) is nominated in the approved arrangement as a person who may issue export permits for goods of that kind. Note: A nominated export permit issuer in relation to a kind of prescribed goods may only issue export permits for goods of that kind if the power to issue export permits for goods of that kind has been subdelegated to the nominated export permit issuer under paragraph 288(2)(c). non‑prescribed goods means goods of a kind that are not prescribed goods. notice of intention to export means a notice under section 243. occupier, of an establishment where export operations in relation to goods are, were or will be carried out, has the meaning given by section 19. official mark means a mark that is an official mark for the purposes of this Act under rules made for the purposes of subsection 255(1). official marking device has the meaning given by subsection 257(1). permanently prohibited export means an export that is prohibited by section 23A. permanently prohibited goods means goods the export of which is prohibited absolutely by section 23. person has a meaning affected by sections 421, 422 and 423. personal information has the same meaning as in the Privacy Act 1988. plant means a live plant or a dead plant, and includes any part of a plant. port includes a harbour. PPSA security interest means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act. Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act: (a) section 8 (interests to which the Act does not apply); (b) section 12 (meaning of security interest); (c) Chapter 9 (transitional provisions). Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009. premises includes the following: (a) a structure, building or conveyance; (b) a place (whether or not enclosed or built on), including a place situated underground or under water; (c) a part of a thing referred to in paragraph (a) or (b). Note: Premises does not include a conveyance in Part 4 of Chapter 10 (compliance and enforcement) (see section 332). prepare, in relation to goods, includes the following: (a) admission of animals for slaughter, being animals from which goods are to be derived; (b) slaughter or kill animals from which goods are to be derived; (c) dress carcases from which goods are to be derived; (d) take (whether f