Explanatory Notes

Export Control Act 2002

2002 CHAPTER 28

24 July 2002

Commentary on Sections

Section 13: Orders

54.Subsection (2) requires orders that contain provisions made by virtue of section 6(1) (i.e. orders which impose export or transfer controls and provide for their own expiry in 12 months or less) to be subject to the affirmative resolution procedure of both Houses of Parliament.  The effect in this case is that any order made may have immediate effect but will cease to have effect if not approved by both Houses before the end of a 40 day period.

55.Subsection (4) requires that orders that are made under section 12 (i.e. orders that amend the Schedule) shall be subject to the affirmative resolution procedure of both Houses of Parliament.

56.Subsection (5) requires orders made under sections 1, 2, 3 and 4, other than those made by virtue of section 6(1), and any orders made under section 16(3) of the Act, to be subject to the negative resolution procedure of both Houses of Parliament.