Customs (Prohibited Exports) Amendment Regulations 2006 (No. 3) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2006 (No. 3)¹

Select Legislative Instrument 2006 No. 281

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 1 November 2006

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 2006 (No. 3).

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 13CN

insert

13COExportation of arms or related matériel to Democratic People’s Republic of Korea

(1)In this regulation:

authorised person means an officer of the Department administered by the Foreign Minister authorised in writing by the Foreign Minister to give permissions under this regulation.

luxury goods list means the luxury goods list (if any) determined by the Foreign Minister under the Charter of the United Nations (Sanctions — Democratic People’s Republic of Korea) Regulations 2006, as in force from time to time.

(2)The exportation of:

(a)arms or related matériel (other than goods listed in the defence and strategic goods list mentioned in regulation 13E); or

(b)goods that are capable of being used in the development, production or stockpiling of nuclear, biological or chemical weapons; or

(c)goods that are capable of being used in the development or production of missiles that are capable of delivering nuclear, biological or chemical weapons; or

(d)goods included on the luxury goods list;

the immediate or final destination of which is, or is intended to be, the Democratic People’s Republic of Korea 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 the arms, related matériel or goods that it permits:

(a)conditions or requirements, including times for compliance, to which the exportation is subject; and

(b)the quantity of the arms, related matériel or goods that may be exported; and

(c)the circumstances in which the arms, related matériel or 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 arms, related matériel or 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