Customs (Prohibited Exports) Amendment Regulations 2004 (No. 3) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2004 (No. 3)1

Statutory Rules 2004 No. 1412

I, PHILIP MICHAEL JEFFERY, 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 24 June 2004

P. M. JEFFERY

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 2004 (No. 3).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Customs (Prohibited Exports) Regulations 1958

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

Schedule 1Amendment

(regulation 3)

  

[1]After regulation 9AA

insert in Division 1

9ABExportation of cat and dog fur

1. (1)

   In this regulation:

authorised person means a person authorised in writing by the Minister for this regulation.

cat fur means the pelt or hair of an animal of the species Felis catus.

cat or dog fur product means a product or other thing that consists, wholly or partly, of cat fur or dog fur.

dog fur means the pelt or hair of an animal of the species Canis familiaris.

1. (2)

   The exportation from Australia of cat fur, dog fur or a cat or dog fur product is prohibited unless:

   1. (a)

      permission to export the goods has been granted under subregulation (3) and is in force; and

   2. (b)

      the permission is produced to the Collector.

2. (3)

   The Minister, or an authorised person, may, on application, grant a permission, in writing, for the exportation of cat fur, dog fur or a cat or dog fur product.

3. (4)

   An application:

   1. (a)

      must be in writing; and

   2. (b)

      must be lodged with the Minister or an authorised person.

4. (5)

   The Minister, or an authorised person, may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.

5. (6)

   In deciding whether to grant a permission, the Minister, or an authorised person, may take into account any matter that the Minister or authorised person considers relevant.

6. (7)

   As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.

7. (8)

   A permission granted under subregulation (3):

   1. (a)

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

   2. (b)

      for any such condition or requirement, may specify the time (being a time either before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

8. (9)

   The Minister, or an authorised person, may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.

9. (10)

   If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.

10. (11)

    Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:

    1. (a)

       not to grant a permission; or

    2. (b)

       to grant a permission subject to a condition or requirement; or

    3. (c)

       to revoke a permission.

11. (12)

    Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:

    1. (a)

       subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

    2. (b)

       a person whose interests are affected by the decision may request a statement under section 28 of that Act.

12. (13)

    A failure to comply with subregulation (12) does not affect the validity of the decision.

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; 2002 Nos. 29, 139, 204, 205 and 330; 2003 Nos. 17, 44, 52, 88, 97, 308 and 320; 2004 Nos. 32 and 107.

2. Notified in the Commonwealth of Australia Gazette