This bill became law on Sep 13th, 2023.
Industry, agriculture & resources
Australian officials can share export-control information with foreign governmentsOverseas governments that can receive export-control information under the new sharing rules when the law allows it. and international bodies when it is needed for exports, trade relationships or Australia’s international obligationsAustralia's legal duties under international agreements or arrangements that can justify sharing export-control information..
The Export Control Act’s information-sharing rules and some administrative provisions left the agriculture departmentThe federal department that runs export control administration and uses the information covered by this bill. less able to use export data, support market access and apply parts of the law as intended. This bill expands authorised information sharing, tightens misuse penalties, lets approvals be varied with conditions, and adds levy-debt checks to fit-and-proper tests.
The Export Control Act 2020The main law that sets the rules for regulating exports of agricultural and food goods from Australia. had already set the main rules for regulating exported agricultural goods, but the government said some information-sharing and administrative provisions were too rigid to support export data use, market access work and day-to-day administration as intended. The bill responded by widening authorised information sharing, strengthening penalties for misuse and making approval changes easier to manage, then completed Parliament in September 2023 and became law on 13 September 2023.
The main reservation was that faster information-sharing and more flexible approvals must not weaken confidentiality, intellectual property or biosecurity protections for exporters. Those concerns were raised mainly by Coalition speakers who still backed the bill, while later public reporting pointed to a narrower implementation risk that wider trade-streamlining efforts can be slow to deliver real savings.
Hon Catherine King MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 13 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
287 days
From introduction to the latest recorded parliamentary step
Meaning
Australian officials can share export-control information with foreign governmentsOverseas governments that can receive export-control information under the new sharing rules when the law allows it. and international bodies when it is needed for exports, trade relationships or Australia’s international obligationsAustralia's legal duties under international agreements or arrangements that can justify sharing export-control information..
The Agriculture DepartmentThe federal department that runs export control administration and uses the information covered by this bill. can use export-control information for research, policy work and data analysis to help run export laws and improve how Australia manages exports.
People who improperly use or reveal protected export-control information can face criminal charges, strict-liability fines and civil penalties.
Export businesses can have changes approved with extra conditions instead of being refused outright, and those added conditions must meet set grounds and come with notice and review rights.
Fit and proper person checks for export approvals must now consider whether a person or their associates have unpaid levies debts, breaches or penalties under the primary industries levies law.
An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:Export Control Amendment (Streamlining Administrative Processes) Act 2023 final Act text
New subsection 394(1) would authorise an entrusted person to use relevant information, disclose relevant information to an entrusted person, or disclose relevant information to another person or body for certain purposes. Such purposes would be for the person or body to undertake research, policy development or data analysis to assist the Department with the administration of the Act or to assist the Department to achieve one or more of the objects of the Act set out in section 3 of the Act.Export Control Amendment (Streamlining Administrative Processes) explanatory memorandum
New section 397G would deal with the use or disclosure of protected information, and would provide a fault-based offence, strict liability offence and a civil penalty provision for the unauthorised use or disclosure of protected information.Export Control Amendment (Streamlining Administrative Processes) explanatory memorandum
There are restrictions imposed on the Secretary’s ability to require conditions to be added or varied, including the grounds that must be met in order to require the conditions of the arrangement to be varied or added, and procedural fairness requirements (including the requirement to give a show cause notice). The amendments provide that the new decisions to approve a variation subject to additional or varied conditions are reviewable decisions (see items 32 to 35 of Schedule 2 to the Bill).Export Control Amendment (Streamlining Administrative Processes) explanatory memorandum
The effect of this amendment is that in determining whether a person is a fit and proper person, the Secretary must have regard to whether the person or an associate of the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, the PILCC Act. Due to paragraphs 372(2)(b) and (d) of the Act, the Secretary would also be required to consider whether a debt is due and payable by the person, or an associate of the person, to the Commonwealth under the PILCC Act, and whether the person, or an associate of the person, has contravened the PILCC Act.Export Control Amendment (Streamlining Administrative Processes) explanatory memorandum
Context
The Export Control Act 2020The main law that sets the rules for regulating exports of agricultural and food goods from Australia. had already set the main rules for regulating exported agricultural goods, but the government said some information-sharing and administrative provisions were too rigid to support export data use, market access work and day-to-day administration as intended. The bill responded by widening authorised information sharing, strengthening penalties for misuse and making approval changes easier to manage, then completed Parliament in September 2023 and became law on 13 September 2023.
Export Control Act 2020The main law that sets the rules for regulating exports of agricultural and food goods from Australia. sets the main framework for agricultural exports
The explanatory memorandum says the 2020 Act already provided the overarching legislative framework for regulating exported goods, including food and agricultural products from Australian territory.
Australian Parliament House ↗Government says export rules need streamlining to support market access
In the second reading speech, the government said streamlining regulation and cutting red tape was essential for growing agricultural industries, exports and market access.
Hansard ↗Bill is introduced to expand information sharing and fix administration
The explanatory memorandum says the bill was introduced to create a more flexible information-sharing framework and improve administrative processes under the Export Control Act 2020The main law that sets the rules for regulating exports of agricultural and food goods from Australia..
Australian Parliament House ↗House passes the bill
The House agreed to the third reading, sending the bill on after debate that framed it as a way to reduce red tape and improve export administration.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, completing its parliamentary passage after the Senate finished consideration.
Parliamentary timeline ↗Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law. makes the changes law
Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law. turned the bill into an Act, locking in the new information-sharing powers, penalties and administrative changes for export regulation.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Key criticism
The main reservation was that faster information-sharing and more flexible approvals must not weaken confidentiality, intellectual property or biosecurity protections for exporters. Those concerns were raised mainly by Coalition speakers who still backed the bill, while later public reporting pointed to a narrower implementation risk that wider trade-streamlining efforts can be slow to deliver real savings.
No party represented in the debate opposed the bill; criticism was limited and mostly conditional.
Confidentiality and safeguard risks
The sharpest criticism was not against the bill's goal but against the risk that broader information-sharing and streamlined approvals could expose commercial-in-confidence information or weaken existing confidentiality, IP and biosecurity safeguards if not tightly administered.
Risk the red-tape promises will not translate into real gains
A narrower practical concern was that streamlining changes may sound sensible on paper but still fail to produce noticeable cost and time savings for exporters if the wider trade-system overhaul remains delayed or poorly implemented.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Ms King supports the bill, saying it will streamline export control administration, cut red tape and improve information sharing while keeping safeguards for sensitive information.
Read in Hansard ↗Marino says the coalition will support the bill because it streamlines export administration, cuts red tape and improves information handling for exporters.
Read in Hansard ↗Brown supports the bill, saying it will cut red tape and make export control information sharing and administration more flexible, efficient and future-focussed for exporters and the agriculture sector.
Read in Hansard ↗Dan Repacholi strongly supports the bill, saying it will cut red tape, streamline export processes and help Australian farmers reach more overseas markets faster.
Read in Hansard ↗All speeches by bloc
5 speakers · 5 support
“This Bill will achieve this by making information sharing provisions within the export control legislation more flexible. It will allow relevant information to be efficiently shared with regulatory partners, exporters and other key stakeholders, while maintaining appropriate control on the sharing of certain kinds of information that may cause harm.”Read the full speech in Hansard ↗
“That's why we are implementing this bill, to help grow the agricultural industry, to help out our farmers and to help out the country as a whole. This is a simple and practical way to grow the agricultural industry to support it in achieving its goal of becoming a $100 billion industry by 2030. I commend this bill to the House.”Read the full speech in Hansard ↗
“This bill will support a modern export system, providing streamlined processes for exporters and improved delivery of services that will benefit our agricultural export industry, and I commend the bill to the House.”Read the full speech in Hansard ↗
“The Export Control Amendment (Streamlining Administrative Processes) Bill 2022 will increase the efficiency and effectiveness of the export control legislation by streamlining the administrative processes for information management and making other amendments to improve administration of the act. It will reduce administrative burden for industry, the department and other stakeholders, and it will ensure that our export legislation is fit for purpose and responsive to stakeholder needs.”Read the full speech in Hansard ↗
“This bill supports appropriate sharing of relevant information whilst ensuring information that could cause harm is protected. This is consistent with the broader information-sharing reform work being considered across different portfolios. It is also consistent with key agricultural policy initiatives such as the Busting Congestion for Agricultural Exporters initiative, to reduce red tape and streamline processes for Australian exporters. This bill will also make minor but important amendments to simplify processes and improve effective administration of the act. These changes contribute to a modern, future-looking export regulatory system that can support the growth of Australian agricultural exports in existing and new markets. I commend the bill to the House.”Read the full speech in Hansard ↗
6 speakers · 8 contributions · 6 support
“I'm pleased to support this bill, but I am completely focused, as well, on supporting our exporters, small, medium or large. There are a lot of small businesses quietly exporting, just getting on with their jobs, and looking to have an opportunity to do that in a streamlined way that doesn't add significant cost to their businesses and to the costs of exporting.”Read the full speech in Hansard ↗
“Clearly, we can do better to make sure that all levels of government are in receipt of the best information possible from other agencies, who at the moment have significant challenges to provide the information that they've got that would freely advance the best interests of our businesses and our economy, and we should support that. For those very simple reasons I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Bridget McKenzie, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Second reading speech
McKenzie says the coalition will support the bill because it streamlines export administration, improves information sharing and cuts red tape for the agriculture sector. She presents it as a practical reform that will help exporters while protecting confidentiality and biosecurity safeguards.
“Based on these sensible provisions, the federal coalition will be supporting the passage of this bill.”Read this contribution in Hansard ↗
Moved amendment
McKenzie says the coalition will support the bill because it is a practical measure that strengthens the agricultural export sector and streamlines processes for exporters. She argues it delivers on the work of agriculture departmentThe federal department that runs export control administration and uses the information covered by this bill. officials and is worth commending to the chamber.
“To conclude my remarks: the federal coalition will always work constructively with the government of the day to support practical measures that will help strengthen our agricultural export sector. As a result of the work of the many dedicated public servants in the department of agriculture, who I've had the great honour and privilege to work with in my time in this place, the provisions outlined in this particular bill deliver on that front. Therefore, we're pleased to commend it to the chamber.”Read this contribution in Hansard ↗
“To conclude, the federal coalition will always work constructively with the government and support practical measures that will help strengthen our agricultural export sector. The provisions outlined in this bill deliver on this front and, therefore, we're pleased to commend it to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Perin Davey on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Davey supports the bill because she says it will cut red tape, make information-sharing and approvals faster, and help agricultural exporters get goods to market more efficiently. She also frames it as a practical benefit for regional Australia and criticises Labor for past failures to support agriculture.
“We on this side of the chamber will always support reducing red tape. It is suggested that this bill will help cut red tape markedly. Of course we support that. One area of great importance to the elusive red-tape-cutting goal is the collection and sharing of information.”Read this contribution in Hansard ↗
Second reading speech
Davey says the Nationals will support the bill because it should reduce red tape, streamline export processes and improve market access for agricultural businesses. She says they will watch closely to make sure it delivers those promised benefits.
“We need to really look at all of the policies that are brought forward by this government and the impacts and flow-on impacts they have. We will be monitoring the implementation of this bill as it goes forward to make sure that it is actually achieving the goal of reducing red tape, streamlining processes and making market access better, more efficient and easier. We will monitor it, but we do thank the government for bringing forward this bill. We will be supporting this bill in this chamber. On that note, I thank you for the opportunity.”Read this contribution in Hansard ↗
“So from my perspective—and, I'm sure, from the perspective of others on this side of the chamber—we fully support this bill, but we also call upon the government to reconsider its slashing of the Regional Accelerator Program and to provide support, especially to small and medium-sized businesses, to achieve their dreams and realise their potential in the best interests of the Australian people and the Australian economy.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
