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How to Exit HEA system

Excerpt from HEA Policy & Procedures Manual

6.3 Procedure to Exit HEA

For a Product Group to exit HEA a revocation of the Order in Council (which declares a product to be a prescribed product and names the Recognised Product Group) is required.

Alternatively the Product Group can request that the Order in Council be amended to add or delete the export licensing requirement. This will mean that the industry no longer has export licensing as a requirement. Generally however many of the strengths of the EMS will be made redundant if there is no licensing requirement. Also it is MPI’s view that this option tends to be less clear-cut and a revocation is the advised course of action.

In both cases there are requirements that must be met before the Minister for Primary Industries will approve either a revocation or an amendment.

Amendment or revocation to the Order in Council

Under section 31 the Governor-General, on recommendation from the Minister may amend or revoke an Order in Council. The Governor-General may amend the requirement that exporters of the product be licenced, substitute one product group for another or exclude certain varieties of the product from the Order. Alternatively the Order in Council may be revoked entirely. Section 32 sets out the circumstance required to be satisfied. Either the Product Group may make the request or if the Minister is satisfied that the Product Group is no longer suitable or able to carry out its functions, or it is not in the interests of the export marketing of the product, or is not in the wider public interest then the Minister in consultation with HEA and the Product Group, may recommend revocation of the Order in Council. The Order may also be revoked if the Recognised Product Group is no longer in existence.

Excerpt from the HEA Act

Requirements to be met before [Minister] may recommend revocation of Order in Council

The Minister shall not recommend the revocation of an Order in Council made under section 24 of this Act unless—

  1. The recognised product group so requests; or
  2. The Minister is satisfied that the recognised product group is no longer in existence; or
  3. The Minister, after consultation with the Authority, the recognised product group, and any other persons that the Minister thinks fit, is satisfied that—
    1. The recognised product group is no longer able or suitable to carry out its functions under this Act; or
    2. It is not in the interests of the export marketing of the product that it continue to be a prescribed product; or
    3. It is not in the wider public interest that the product continue to be a prescribed product.