Customs (Prohibited Exports) Amendment Regulations 2005 (No. 2) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2005 (No. 2)¹

Select Legislative Instrument 2005 No. 95

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 25 May 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

Name of Regulations

These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2005 (No. 2).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Customs (Prohibited Exports) Regulations 1958

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

Schedule 1 Amendment

(regulation 3)

[1] After regulation 13CK

insert

13CLExportation of arms or related matériel to the Democratic Republic of the Congo

(1)In this regulation:

authorised person means an employee 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, the Democratic Republic of the Congo 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.

13CMExportation of arms or related matériel to Sudan

(1)In this regulation:

authorised person means an employee 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, Sudan 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.

13CNExportation of arms or related matériel to Cote d’Ivoire

(1)In this regulation:

authorised person means an employee 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, Cote d’Ivoire 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.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See