Customs (Prohibited Exports) Amendment Regulations 2002 (No. 1) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 292

I, PETER JOHN HOLLINGWORTH, 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 February 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

 These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2002 (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

(regulation 3)

  

[1]Regulation 2, after definition of American Society of Mechanical Engineers 8 Standards

insert

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).

[2]Subregulation 13CI (1), definition of arms or related matériel

omit

[3]After regulation 13CJ

insert

13CKExportation of arms or related matériel to Liberia

• (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.

• (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, Liberia is prohibited unless the written permission of the Foreign Minister or an authorised person is shown 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 state, 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.

[4]Schedule 8, Part 4, after item 41

insert

42 Zolpidem

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; 2000 Nos. 211 and 212; 2001 No. 171.

2. Notified in the Commonwealth of Australia Gazette