Customs (Prohibited Exports) Amendment Regulations 1999 (No. 2) (Cth)
Customs (Prohibited Exports) Amendment Regulations 1999 (No. 2)
Statutory Rules 1999 No. 164
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the
Customs Act 1901 . Dated 9 August 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
AMANDA VANSTONE
Minister for Justice and Customs
made under the
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These regulations are the
Customs (Prohibited Exports) Amendment Regulations 1999 (No. 2) .
These regulations commence on gazettal.
Schedule 1 amends the
Customs (Prohibited Exports) Regulations 1958 .
(regulation 3)
[1] Regulation 2, after definition of American Society of Mechanical Engineers 8 Standards
insert
Foreign Minister means the Minister for Foreign Affairs.
insert
13CF Mining and transport machinery — Angola
(1) In this regulation:
authorised person means an officer of the Department of Foreign Affairs and Trade authorised in writing by the Foreign Minister to give permissions under this regulation.
Resolution 864 Committee means the committee established by Resolution 864 (1993) of the Security Council of the United Nations.
(2) The exportation of goods described in Schedule 14AA (other than goods listed in the defence and strategic goods list mentioned in regulation 13E) the immediate or final destination of which is, or is intended to be, Angola, is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of exportation.
Note See r 13E regarding the export of goods listed in the defence and strategic goods list.
(3) A permission may be subject to conditions, including:
(a) the quantity of goods that may be exported; and
(b) the circumstances in which the goods may be exported; and
(c) the period of effect of the permission.
(4) When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) the area in Angola to which the goods are to be delivered; and
(b) whether the Resolution 864 Committee has authorised, under paragraph 13 of Resolution 1173 (1998), an exemption to the measures specified in paragraphs 11 and 12 of that resolution; and
(c) Australia’s relations with other countries; and
(d) Australia’s obligations under international law.
substitute
13CH Exportation of paramilitary equipment to Sierra Leone
(1) In this regulation:
authorised person means an officer of the Department of Foreign Affairs and Trade authorised in writing by the Foreign Minister to give permissions under this regulation.
paramilitary equipment means any of the following:
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in any of paragraphs (a) to (e).
(2) The exportation of paramilitary equipment (and spare parts for paramilitary equipment) the immediate or final destination of which is, or is intended to be, Sierra Leone is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of exportation.
(3) When deciding whether to give permission under subregulation (2), the Foreign Minister or the authorised person must take into account:
(a) whether the proposed importation into Sierra Leone is through a point of entry nominated by the Government of Sierra Leone under paragraph 2 of Resolution 1171 (1998) of the Security Council of the United Nations; and
(b) whether the importation is by the Government of Sierra Leone; and
(c) whether the equipment or spare parts is or are for the use of the Military Observer Group of the Economic Community of West African States, or the United Nations; and
(d) Australia’s relations with other countries; and
(e) Australia’s obligations under international law.
(4) A permission may be expressed to be subject to conditions, including:
(a) the quantity of equipment or spare parts that may be exported; and
(b) the circumstances in which the equipment or spare parts may be exported; and
(c) the period of effect of the permission.
omit or 13CG (1);
insert 13CF (2), 13CG (1) or 13CH (2);
omit or 13CG (1);
insert 13CF (2), 13CG (1) or 13CH (2);
substitute
(b) in relation to an application for a permission under subregulation 13CA (2), 13CB (1), 13CE (1), (2) or (4A), 13CF (2), 13CG (1) or 13CH (2) — the Foreign Minister; or
insert
Schedule 14AA Machinery etc the export of which to Angola is prohibited (regulation 13CF)
Part 1 Equipment used in mining or mining services
1. Self-propelled bulldozers, angle-dozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers
2. Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile-extractors
3. Spare parts suitable for use solely or principally with machinery described in item 1 or 2
4. Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form
Part 2 Motorised vehicles, watercraft and spare parts 5. Spark-ignition reciprocating or rotary internal combustion piston engines
6. Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)
7. Spare parts suitable for use solely or principally with engines described in item 5 or 6
8. Transmission shafts
9. Rail locomotives powered from an external source of electricity or by electric batteries
10. Other rail locomotives; locomotive tenders
11. Self-propelled railway or tramway coaches, vans and trucks
12. Railway or tramway maintenance or service vehicles
13. Railway or tramway passenger coaches and other special purpose railway or tramway coaches
14. Railway or tramway freight cars
15. Spare parts for railway or tramway locomotives and rolling-stock
16. Tractors
17. Public-transport-type passenger motor vehicles
18. Motor cars and other motor vehicles principally designed for the transport of people
19. Motor vehicles for the transport of goods
20. Special purpose motor vehicles
21. Chassis fitted with engines for motor vehicles
22. Bodies (including cabs), for motor vehicles
23. Spare parts and accessories for motor vehicles
24. Works trucks, self-propelled
25. Motorcycles
26. Spare parts and accessories for motorcycles
27. Trailers and semi-trailers and spare parts thereof
28. Cruise ships, excursion boats, ferry-boats, cargo ships, barges and similar vessels for the transport of people or goods
29. Fishing vessels and factory ships
30. Yachts and other vessels for pleasure or sports
31. Tugs and pusher craft
32. Light-vessels, fire-floats, dredgers, floating cranes, and other vessels
1. These regulations amend Statutory Rules 1958 No. 5, as amended by 1959 No. 5; 1961 Nos. 16 and 112; 1963 Nos. 129 and 130; 1964 No. 144; 1965 No. 136; 1966 Nos. 70 and 75; 1967 Nos. 42, 59 and 123; 1968 Nos. 46, 83, 101, 153, 160 and 162; 1969 Nos. 11, 21, 22 and 219; 1970 Nos. 34, 68, 89, 106 and 121; 1972 No. 210; 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974 Nos. 46, 157, 178 and 250; 1975 Nos. 19, 44, 45, 173 and 224; 1976 Nos. 169 and 233; 1977 No. 89; 1978 Nos. 14, 58, 59 and 277; 1979 Nos. 160 and 237; 1980 Nos. 21, 61, 72, 76, 82, 99, 110, 212, 273, 358, 381 and 383; 1981 Nos. 49, 72, 86, 149, 225, 251 and 324; 1982 Nos. 169, 171 and 310; 1983 No. 272; 1984 Nos. 35, 63, 191, 262, 263 and 316; 1985 Nos. 1, 68, 138 and 378; 1986 Nos. 76, 89, 177, 178, 328, 364, 365, 366 and 388; 1987 Nos. 97, 115, 156, 176, 301, 317, 318 and 319; 1988 Nos. 65, 178, 195 and 361; 1989 Nos. 57, 59, 196, 264 and 388; 1990 Nos. 125, 146, 190, 264, 333 and 438; 1991 Nos. 24, 77, 118, 288 and 413; 1992 Nos. 61, 83, 103, 155, 412 and 414; 1993 Nos. 68, 212, 258 and 322; 1994 Nos. 32, 143, 172, 242, 313, 379, 392 and 417; 1995 Nos. 71 and 90; 1996 Nos. 32, 47, 48, 49, 50 (Statutory Rules 1996 Nos. 47, 48, 49 and 50 were disallowed by the Senate on 23 May 1996), 69, 225, 281 and 282; 1997 Nos. 30, 31, 32, 33, 380, 381, 382 and 383; 1998 No. 211; 1999 No. 9.
2. Made by the Governor-General on 9 August 1999, and notified in the
Commonwealth of Australia Gazette on 16 August 1999.
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