Customs (Prohibited Exports) Amendment Regulations 2011 (No. 4) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2011 (No. 4)¹

Select Legislative Instrument 2011 No. 231

I, QUENTIN BRYCE, 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 7 December 2011

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

Name of Regulations

These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2011 (No. 4).

Commencement

These Regulations commence on the commencement of the Autonomous Sanctions Regulations 2011.

Amendment of Customs (Prohibited Exports) Regulations 1958

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

Schedule 1 Amendment

(regulation 3)

[1] After Division 2

insert

Division 2A Exportation of goods in relation to autonomous sanctions

Exportation of export sanctioned goods to countries under autonomous sanctions

(1)In this Division:

controlled asset has the same meaning as in the Autonomous Sanctions Regulations 2011.

export sanctioned goods means goods that:

(a)are mentioned in an item of the table in subregulation 4 (2) of the Autonomous Sanctions Regulations 2011; or

(b)have been designated as export sanctioned goods under subregulation 4 (3) of those Regulations.

Note The items of the table in subregulation 4 (2) of the Autonomous Sanctions Regulations 2011 identify countries and the goods that are export sanctioned goods for those countries. A designation under subregulation 4 (3) of those Regulations identifies countries and the goods that are export sanctioned goods for those countries.

(2)The exportation of export sanctioned goods is prohibited if:

(a)the immediate or final destination of the goods is, or is intended to be, the country for which they are export sanctioned goods; and

(b)the exportation is not authorised in accordance with a permit granted under regulation 18 of the Autonomous Sanctions Regulations 2011.

11AExportation of goods to designated persons and entities under autonomous sanctions

The exportation of goods other than a controlled asset is prohibited if:

(a)the goods are to be exported, directly or indirectly, either to, or for the benefit of a person or entity that has been designated under paragraph 6 (1) (a) or (2) (a) of the Autonomous Sanctions Regulations 2011; and

(b)the exportation is not authorised in accordance with a permit granted under regulation 18 of the Autonomous Sanctions Regulations 2011.

Note The items of the table in subregulation 6 (1) of the Autonomous Sanctions Regulations 2011 identify countries and the persons and entities who may be designated as designated persons or entities for those countries.

11BExportation of controlled assets under autonomous sanctions

The exportation of a controlled asset is prohibited if the exportation is not authorised in accordance with a permit granted under regulation 18 of the Autonomous Sanctions Regulations 2011.

Note Under the Autonomous Sanctions Regulations 2011, a controlled asset is an asset that is owned or controlled by a person or entity that has been designated as a designated person or entity in accordance with paragraph 6 (1) (a) or (2) (a) of those Regulations.

Note

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