16 March 2022
Purpose
This Industry Advice Notice (IAN) is to provide guidance to registered establishments (REs) and third-party authorised officers (AOs) performing functions and duties under the Exports Control Act 2020 regarding State and Territory public health orders made in response to the COVID-19 pandemic.
Summary of changes and key points
- We are unable to provide advice to REs or third-party AOs on the applicability of State and Territory government laws, including public health orders, relating to the ongoing COVID-19 pandemic and response.
- REs and third-party AOs should contact their relevant State and Territory government health authority directly for advice on how COVID-19 vaccine mandates, exemptions or positive test result requirements apply to their circumstances.
- Third-party AOs are advised to liaise directly with the RE regarding the specific COVID-19 vaccine and test result requirements of their business.
- Third-party AO powers and functions are not coercive. Consent must always be provided by the RE to the AO to enter a facility and perform inspection or treatment supervision functions. REs may withdraw consent at any time.
- The department does not consider the COVID-19 vaccination and testing requirements of REs - or decisions to refuse a third-party AO’s services due to a failure to meet the relevant business’s COVID-19 requirements - to be a contravention of the Export Control Act 2020.
Contact information
If you have any questions regarding this IAN please email Plant Export Training.
David Ironside
Assistant Secretary
Plant Export Operations Branch