Customs (Prohibited Exports) Amendment Regulations 2010 (No. 2) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2010 (No. 2)¹

Select Legislative Instrument 2010 No. 223

I, MARIE BASHIR, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 19 July 2010

MARIE BASHIR

Administrator

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

Name of Regulations

These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2010 (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 Amendments

(regulation 3)

[1] Subregulation 13CQ (1)

substitute

(1)In this regulation:

authorised person means a person authorised under subregulation (6).

listed goods means:

(a)export sanctioned goods mentioned in subregulation 5 (1) of the Charter of the United Nations (Sanctions — Iran) Regulations 2008; and

(b)goods specified in a prohibition notice issued under regulation 5A of the Charter of the United Nations (Sanctions — Iran) Regulations 2008 and in force.

Note for paragraph (a) Export sanctioned goods include arms and related matériel that are defined in regulation 4 of the Charter of the United Nations (Sanctions — Iran) Regulations 2008.

specified entity means an entity specified in a legislative instrument made for subparagraph 17E (2) (a) (i) of the Charter of the United Nations (Sanctions — Iran) Regulations 2008.

[2] After subregulation 13CQ (2)

insert

(2AA)If:

(a)a person exporting, or intending to export goods (including listed goods), is:

(i)an Australian national; or

(ii)subject to Australian jurisdiction; or

(iii)an entity incorporated in Australia; or

(iv)an entity subject to Australian jurisdiction; and

(b)the goods are to be exported in the course of the conduct of business by the person with:

(i)a specified entity; or

(ii)an individual or entity acting on behalf of, or under the direction of, the specified entity; or

(iii)an entity owned or controlled, whether or not by illicit means, by the specified entity; and

(c)the business is not authorised in accordance with regulation 17F of the Charter of the United Nations (Sanctions — Iran) Regulations 2008;

the exportation of goods 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.

[3] Subregulations 13CQ (3), (4) and (5)

after

(2)

insert

or (2AA)

[4] After subregulation 13CQ (5)

insert

(6)The Foreign Minister may authorise an SES employee of the Department of Foreign Affairs and Trade to give permissions under this regulation.

Note

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