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澳大利亚出口管制法案(Export Control Act 1982)
2011-08-14 12:01  点击:4557
发布单位:澳大利亚堪培拉司法部立法起草办
发布文号:Act No. 47 of 1982
发布日期:2011-04-19
生效日期:2011-04-19
有效性状态:
废止日期:暂无
备注:该法案草拟于1982年并逐年修订,该版本是最新版本,是一部出口的总法案。所有货物的出口都基于这部法案。该法案主要分为前言、出口和指定活物携带出口、活的动物的出口资格认定程序、强制执行权限、官方标志和贸易描述、其他杂项条款六大章。

   Part I—Preliminary

  1 Short title [see Note 1]

  2 Commencement [see Note 1]

  3 Interpretation

  4 Crown to be bound

  4AA Application of the Criminal Code

  4A Regulations may provide for the extension of Act to certain Territories

  5 Saving of other laws

  Part II—Export and entry for export of prescribed goods

  6 Notice of intention to export prescribed goods

  7 Prohibition on export of prescribed goods

  7A Entering for export of certain prescribed goods

  8 Export of prescribed goods

  8A Preparation of prescribed goods for export—offence

  8B Preparation of prescribed goods for export—strict liability offence

  9 Contravention of licence conditions etc.

  Part IIA—Accreditation of veterinarians for purposes of approved export programs in relation to eligible live animals etc.

  Division 1—General

  9A Approved export programs

  9B Accreditation of veterinarians

  9C Costs of authorised officers

  9D Authorised officers to undertake certain approved export program activities

  9E Authorised officers to monitor and audit etc. approved export program activities

  Division 2—Offences

  Subdivision A—Veterinarians

  9F Offence of undertaking approved export program without accreditation

  9G Offence of contravening direction to keep records etc. in relation to approved export program

  9H Offence of failing to remedy deficiency in undertaking approved export program

  Subdivision B—Exporters etc.

  9I Offence of not ensuring that an accredited veterinarian is engaged to undertake relevant activities in approved export program

  9J Offence of contravening requirement about allowing accredited veterinarian etc. to accompany eligible live animals overseas

  9K Offence of obstructing or hindering an accredited veterinarian etc. undertaking approved export program

  9L Offence of contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.

  Subdivision C—Extended geographical operation of offences

  9M Extended geographical operation of offences

  Part III—Enforcement

  Division 1—General powers

  10 General powers of authorised officers in relation to premises

  Division 2—Monitoring powers

  10A Monitoring premises that form part of a registered establishment, and other premises entered by consent

  10B Monitoring warrants

  10C Seizures without offence-related warrant in emergency situations

  Division 3—Offence-related searches and seizures

  10D Premises that form part of a registered establishment, and premises entered by consent—offence-related searches and seizures

  10E Offence-related warrants

  10F The things that are authorised by a search warrant

  Division 4—Warrants granted by telephone or other electronic means

  10G Warrants may be granted by telephone or other electronic means

  Division 5—Stopping and searching aircraft, vehicles or ships

  10H Searches without warrant in emergency situations

  10J How an authorised officer exercises a power under section 10H

  Division 6—General rules about registered establishments, premises entered by consent and warrants

  11 Availability of assistance, and use of force, in executing a warrant

  11A Announcement before entry under warrants

  11B Details of warrant to be given to occupier etc.

  11C Occupier entitled to be present during search under warrants

  11D Use of equipment to examine or process things

  11E Use of electronic equipment at premises

  11F Compensation for damage to equipment

  11G Copies of seized things to be given

  11H Retention of things which are seized

  11J Magistrate may permit a thing to be kept

  11K Release of seized goods

  11L Authorised officer must produce identity card

  11M Giving of consent

  11N Receipts for things seized

  Division 7—Offences

  11P Power of authorised officer to require information or documents

  11Q Secretary may require information or documents

  13 Persons to assist authorised officers

  Part IV—Official marks and trade descriptions

  14 Contravention of regulations relating to official marks

  15 False trade descriptions

  Part V—Miscellaneous

  17 Indictable offences

  18 Forfeiture of prescribed goods

  19 Delegation

  20 Authorised officers

  21 Identity cards

  22 Protection of authorised officers and other persons

  23 Certificate with respect to goods

  24 Supply of goods or services to authorised officers

  24A Electronic transmission of information and documents

  24B Evidence of transmission of information or document

  25 Regulations

  Notes

      具体内容请详见  出口管制法案(Export Control Act 1982) C2011C00324.pdf

 

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