Customs (Prohibited Exports) Amendment Regulations 2001 (No. 1) (Cth)
Customs (Prohibited Exports) Amendment Regulations 2001 (No. 1) 1
Statutory Rules 2001 No. 171 2
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 28 June 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
These Regulations are the
Customs (Prohibited Exports) Amendment Regulations 2001 (No. 1) .
These Regulations commence on gazettal.
3 Amendment of Customs (Prohibited Exports) Regulations 1958 Schedule 1 amends the
Customs (Prohibited Exports) Regulations 1958 .
(regulation 3)
[1] Regulation 2, after definition of licensed exporter
insert
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 paragraphs (a) to (e).
[2] Subregulation 13CH (1), definition of paramilitary equipment
omit
insert
13CI Exportation of arms or related matériel to A fghanistan
(1) In this regulation:
arms or related matériel includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(e) spare parts for the things mentioned in
paragraphs (a) to (c).
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.
(2) The exportation of arms or related matériel (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, Afghanistan 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 regulation 13E in relation to the export of goods listed in the defence and strategic goods list.
(3) A permission granted under subregulation (2) may specify, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported; and
(c) the circumstances in which goods may be exported.
(4) The Foreign Minister may revoke or modify a permission granted under subregulation (2) if the Foreign Minister is satisfied on reasonable grounds that:
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.
(5) When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia’s relations with other countries; and
(b) Australia’s obligations under international law.
13CJ Exportation of acetic anhydride The exportation of acetic anhydride the immediate or final destination of which is, or is intended to be, Afghanistan is prohibited absolutely.
The following provisions are amended by omitting ‘Minister for Defence Industry, Science and Personnel’ and inserting ‘Minister for Defence’:
• subregulation 13E (1)
• subregulation 13E (1A)
• paragraph 13E (2) (a)
• paragraph 13E (2) (b)
• subregulation 13E (5)
• paragraph 13E (6) (a)
• subregulation 13E (7)
• paragraph 13H (4) (a).
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; 2000 Nos. 211 and 212.
2. Notified in the
Commonwealth of Australia Gazette
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