Customs (Prohibited Exports) Amendment Regulations 2005 (No. 5) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2005 (No. 5)¹

Select Legislative Instrument 2005 No. 299

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 15 December 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. 5).

Commencement

These Regulations commence on 31 December 2005.

Amendment of Customs (Prohibited Exports) Regulations 1958

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

Schedule 1 Amendments

(regulation 3)

[1] Regulation 9, heading

substitute

Exportation of goods specified in Schedule 7 (nuclear material)

[2] After regulation 9AC

insert

9ADExportation of goods specified in Schedule 7A (high activity radioactive sources)

(1)In this regulation:

authorised officer means:

(a)the CEO of ARPANSA, within the meaning of section 14 of the Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; or

(b)an APS employee assisting the CEO in accordance with section 58 of that Act, appointed in writing by the Minister as an authorised officer for this regulation.

high activity radioactive source means a radioactive source mentioned in an item in the table in Schedule 7A that has an activity level, measured in Becquerel, that is equal to, or more than, the level specified in the item.

Minister means the Minister for Health and Ageing.

radioactive source means radioactive material that:

(a)is permanently sealed in a capsule or is closely bonded in a solid form; or

(b)was permanently sealed in a capsule, or was closely bonded in a solid form, until it was released as a result of leakage or breakage.

(2)The exportation from Australia of a high activity radioactive source is prohibited unless:

(a)a permission in writing to export the radioactive source has been granted by the Minister or an authorised officer; and

(b)the permission is shown to a Collector.

(3)In deciding whether to grant a permission, the Minister or authorised officer must take into account:

(a)Australia’s relations with other countries; and

(b)Australia’s international obligations.

(4)If, in relation to an application for a permission to export a high activity radioactive source, an authorised officer has formed an opinion that the permission should not be granted, the authorised officer must refer the application to the Minister.

(5)If an application is referred to the Minister under subregulation (4), the Minister may grant, or refuse to grant, the permission.

(6)A permission granted by the Minister or authorised officer may specify:

(a)conditions to be complied with by the holder of the permission; and

(b)the time for compliance with a condition mentioned in paragraph (a) (which may be before or after the exportation of the radioactive source to which the permission relates); and

(c)the quantity of the radioactive source that may be exported; and

(d)the circumstances in which the radioactive source may be exported.

(7)The Minister may, in writing, revoke or modify a permission granted under this regulation if the Minister is satisfied, on reasonable grounds, that:

(a)a condition of the permission has not been complied with; or

(b)without the modification, a condition of the permission is unlikely to be complied with; or

(c)permitting, or continuing to permit, the exportation of the radioactive source in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

[3] Schedule 7, heading

substitute

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

(regulation 9)

[4] After Schedule 7

insert

Schedule 7A High activity radioactive sources

(regulation 9AD)

Item	Radioactive source	Activity level (Bq)
1	Americium-241	6 × 10¹¹
2	Americium-241/Beryllium	6 × 10¹¹
3	Caesium-137	1 × 10¹²
4	Californium-252	2 × 10¹¹
5	Cobalt-60	3 × 10¹¹
6	Curium-244	5 × 10¹¹
7	Gadolinium-153	1 × 10¹³
8	Iridium-192	8 × 10¹¹
9	Plutonium-238	6 × 10¹¹
10	Plutonium-239/Beryllium	6 × 10¹¹
11	Promethium-147	4 × 10¹⁴
12	Radium-226	4 × 10¹¹
13	Selenium-75	2 × 10¹²
14	Strontium-90/Yttrium-90	1 × 10¹³
15	Thulium-170	2 × 10¹⁴
16	Ytterbium-169	3 × 10¹²

Note

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