Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1) (Cth)

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Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 211

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 theCustoms Act 1901.

Dated 10 August 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

amanda vanstone

Minister for Justice and Customs

Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 2112

made under the

Customs Act 1901

   

Contents

Page

  • •
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1Name of Regulations

 These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Customs (Prohibited Exports) Regulations 1958

Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958.

Schedule 1Amendments

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(regulation 3)

[1]After regulation 5

insert

6Exportation of goods specified in Schedule 4 (toothfish)

  • (1)

    This regulation applies to fish of a species specified in Schedule 4, whether fresh, frozen, smoked, preserved in airtight containers or in any other form.

  • (2)

    The exportation from Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:

    • (a)

      a permission in writing to export the fish has been granted by the Minister or an authorised officer; and

    • (b)

      the permission is produced to the Collector.

  • (3)

    If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:

    • (a)

      the authorised officer must refer the application to the Minister; and

    • (b)

      the Minister may grant, or refuse to grant, the permission.

  • (4)

    A permission may specify:

    • (a)

      conditions or requirements to be complied with by the holder of the permission; and

    • (b)

      when the holder must comply with a condition or requirement, whether before or after the exportation of the fish to which the permission relates.

  • (5)

    If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.

  • (6)

    The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 112 (2B) of the Act for not complying with the condition or requirement.

  • (7)

    In this regulation:

authorised officer means an officer within the meaning of subsection 4 (1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.

Minister means the Minister administering the Fisheries Management Act 1991.

[2]Regulation 9, heading

substitute

9Exportation of goods specified in Schedule 7

[3]Paragraph 9 (1) (a)

omit

Minister of State for Primary Industries and Energy

insert

Minister for Industry, Science and Resources

[4]Subregulation 9 (2)

substitute

  • (2)

    This regulation applies to the goods specified in Schedule 7.

[5]Regulation 11

omit

[6]After Schedule 3

insert

Schedule 4Goods the exportation of which is prohibited if permission is not granted under regulation 6

(regulation 6)

Item

Description of goods

1

Fish of the species Dissostichus eleginoides (commonly known as Patagonian toothfish)

2

Fish of the species Dissostichus mawsoni (commonly known as Antarctic toothfish)

[7]Schedule 7

substitute

Schedule 7Goods the exportation of which is prohibited without the permission of the Minister for Industry, Science and Resources or an authorised person

(regulation 9)

  • 1

    Source material, as follows:

    • (a)

      uranium containing the mixture of isotopes occurring in nature;

    • (b)

      uranium depleted in the isotope 235;

    • (c)

      thorium;

    • (d)

      any of the materials mentioned in paragraphs (a), (b) and (c) in the form of metal, alloy, chemical compound, ore or concentrate, including monazite;

 but not including:

  • (e)

    thorium alloys containing less than 1.5% by weight of thorium; or

  • (f)

    any of the materials mentioned in paragraphs (a) to (d) when contained in medicinals.

  • 2

    Special fissionable material as follows:

    • (a)

      plutonium-239;

    • (b)

      uranium-233;

    • (c)

      material containing any of the materials referred to in paragraphs (a) and (b);

    • (d)

      uranium containing either or both of the isotopes 235 and 233 if the abundance ratio of that isotope, or the sum of those isotopes, to the isotope 238 is more than the ratio of isotope 235 to the isotope 238 occurring in nature (isotopic ratio: 0.71%);

 but not including:

  • (e)

    plutonium with an isotopic concentration of plutonium‑238 exceeding 80%; or

  • (f)

    any of the materials mentioned in paragraphs (a), (b) and (c) when used in quantities of 1 gram or less as a sensing component in instruments; or

  • (g)

    any of the materials mentioned in paragraphs (a) to (d) when contained in medicinals.

  • 3

    Other fissionable materials, as follows:

    • (a)

      americium-242;

    • (b)

      curium-245;

    • (c)

      curium-247;

    • (d)

      californium-249;

    • (e)

      californium-251;

    • (f)

      compounds, alloys and mixtures of any of the materials to which paragraphs (a) to (e) apply;

in quantities greater, either singly or in combination, than 0.1 g (or 0.3 g when contained in a sensing component or sensing instrument).

[8]Schedule 8, Part 3, items 13 and 14

substitute

13

Harmaline (otherwise known as 4,9-dihydro-7-methoxy-1-methy-l-(3H)pyrido(3,4-b)indole), except when occurring naturally as a component of the herb tribulus terrestris

14

Harmine (otherwise known as 7-methoxyharman), except when occurring naturally as a component of the herb tribulus terrestris

[9]Schedule 9

omit

Notes

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 Nos. 9, 164, 200, 216, 248, 274 and 331.

2. Made by the Governor-General on 10 August 2000, and notified in the Commonwealth of Australia Gazette on 11 August 2000. 

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