Export Control (Miscellaneous) Rules 2021

1-1 Name ........................................................................................................................... 1

1-3 Authority ..................................................................................................................... 1

1-4 Definitions .................................................................................................................. 1 Part 2—Decisions that may be made by computer program 2

2-1 Decisions that may be made by operation of computer program ................................ 2 Part 3—Publication of information 3

3-1 Secretary may publish certain protected information .................................................. 3 Part 4—Fit and proper person test 4

4-1 Fit and proper person test—matters to which Secretary must have regard ................. 4 Endnotes 5 Endnote 1—About the endnotes 5 Endnote 2—Abbreviation key 6 Endnote 3—Legislation history 7 Endnote 4—Amendment history 8 Export Control (Miscellaneous) Rules 2021 i Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Part 1—Preliminary

1-1 Name This instrument is the Export Control (Miscellaneous) Rules 2021.

1-3 Authority This instrument is made under the Export Control Act 2020.

1-4 Definitions Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) government certificate; (b) non-prescribed goods; (c) Regulatory Powers Act. In this instrument: Act means the Export Control Act 2020, and includes: (a) legislative instruments made under the Export Control Act 2020; and (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020. Export Control (Miscellaneous) Rules 2021 1 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Part 2—Decisions that may be made by computer program

2-1 Decisions that may be made by operation of computer program Kinds of decisions (1) For the purposes of paragraph 286(2)(a) of the Act and subject to subsection (2), a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to a kind of non-prescribed goods may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 286(1) of the Act. (2) Subsection (1) applies in relation to a decision only if no other rules prescribed for the purposes of paragraph 286(2)(a) of the Act apply in relation to the decision. Example: This section does not apply in relation to a decision under paragraph 67(1)(a) of the Act to issue a government certificate in relation to non-prescribed plants or plant products because this decision is prescribed by section 9-17 of the Export Control (Plants and Plant Products) Rules 2021. Persons who may use computer program (3) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section: (a) a person applying for a government certificate in relation to a kind of non-prescribed goods under subsection 65(1) of the Act; (b) an APS employee in the Department; (c) a person performing services for the Department under a contract; if the Secretary has given the person a unique identifier to enable the person to access the computer program. Conditions of use of computer program (4) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (3) of this section must: (a) be satisfied on reasonable grounds that information entered into the computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and (b) ensure that the information is accurately entered into the computer program.

2 Export Control (Miscellaneous) Rules 2021 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Part 3—Publication of information

3-1 Secretary may publish certain protected information (1) The Secretary may publish, or otherwise disclose, protected information if: (a) it does not include personal information about any individual; or (b) all personal information about an individual included in the protected information is de-identified. Meaning of de-identified (2) For the purposes of this section, personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable. Export Control (Miscellaneous) Rules 2021 3 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Part 4—Fit and proper person test

4-1 Fit and proper person test—matters to which Secretary must have regard For the purposes of subparagraph 372(2)(a)(vi) of the Act, the following Acts are prescribed: (a) the Primary Industries Levies and Charges Collection Act 1991; (b) the Recycling and Waste Reduction Act 2020.

4 Export Control (Miscellaneous) Rules 2021 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Endnotes Endnote 1—About the endnotes Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Export Control (Miscellaneous) Rules 2021 5 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Endnotes Endnote 2—Abbreviation key Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced

6 Export Control (Miscellaneous) Rules 2021 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Endnotes Endnote 3—Legislation history Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Export Control (Miscellaneous) 22 March 2021 3 am (A.C.T) 28 March 2021 Rules 2021 (F2021L00302) (s 1-2(1) item 1) Export Control Legislation 7 December 2021 Sch 3 (item 1): 8 December — Amendment (2021 Measures (F2021L01730) 2021 (s 2(1) item 3) No. 1) Rules 2021 Export Control Legislation 31 Mar 2022 Sch 2 (item 1): 1 Apr 2022 (s — Amendment (2022 Measures No. (F2022L00438) 2(1) item 3) 1) Rules 2022 Export Control (Miscellaneous) Rules 2021 7 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022 Endnotes Endnote 4—Amendment history Endnote 4—Amendment history Provision affected How affected Part 1 s 1-2 ............................................... rep LA s 48D Part 3 Part 3 ............................................ . ad F2021L01730 s 3-1 ............................................... ad F2021L01730 Part 4 Part 4 ............................................. ad F2022L00438 s 4-1 ............................................... ad F2022L00438

8 Export Control (Miscellaneous) Rules 2021 Compilation No. 2 Compilation date: 01/04/2022 Registered: 12/04/2022 Authorised Version F2022C00405 registered 12/04/2022