Customs (Prohibited Exports) Regulations 1958
Statutory Rules No. 5, 1958
made under the
Customs Act 1901
Compilation No. 115
Compilation date: 26 March 2026
Includes amendments: F2026L00298
About this compilation
This compilation
This is a compilation of the Customs (Prohibited Exports) Regulations 1958 that shows the text of the law as amended and in force on 26 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulations
2 Interpretation
Part 2—Exemptions
2A Exemption of goods specified in Schedule 3
Part 3—Prohibited exports
Division 1—Miscellaneous prohibited exports
3 Exportation of objectionable goods
4 Exportation of asbestos or certain goods containing asbestos
4A Exportation of chemicals
5 Exportation of goods specified in Schedule 3 (primary produce)
6 Exportation of goods specified in Schedule 4 (toothfish)
8 Exportation of goods specified in Schedule 6 (human substances)
8A Exportation of viable material derived from human embryo clones
9 Exportation of goods specified in Schedule 7 (nuclear material)
9AA Exportation of rough diamonds
9AB Exportation of cat and dog fur
9AC Exportation of security sensitive ammonium nitrate
9AD Exportation of goods specified in Schedule 7A (high activity radioactive sources)
Division 2—Drugs and precursor substances
9A Definitions for Division 2
10 Exportation of goods specified in Schedule 8 (drugs)
10AA Drugs that may be exported—Ministerial approval
10AB Exportation of goods specified in Schedule 9 (precursor substances)
10A Licensed exporters
10B Conditions of licences under regulation 10A
10C Requirements appropriate to drugs
10CA Requirements appropriate to precursor substances
10D Drugs…
Overview
The Customs (Prohibited Exports) Regulations 1958, made under the Customs Act 1901, were enacted to address the need for stringent control over the export of certain goods that are either harmful, restricted, or regulated under various national and international laws and conventions. These regulations were introduced by the Parliament of Australia and have been amended over the years to adapt to changing legal and international environments. The regulations aim to ensure that exports of specific items, such as hazardous substances, military equipment, cultural artefacts, and precursor chemicals for drugs, are strictly monitored and controlled to prevent misuse, illegal trade, and to safeguard national security and public health. They provide a comprehensive framework for the enforcement of export prohibitions and the granting of permissions for the export of controlled goods, ensuring compliance with international obligations and domestic laws. This legislative instrument continues to evolve to meet contemporary challenges in global trade and security.
Scope and Application
The Customs (Prohibited Exports) Regulations 1958, made under the Customs Act 1901, govern the exportation of various prohibited and controlled goods from Australia. These regulations apply to individuals and entities intending to export specified items, including objectionable goods, asbestos, chemicals, nuclear material, rough diamonds, cat and dog fur, radioactive sources, drugs, precursor substances, defence and strategic goods, financial goods, environmental goods, devices and documents relating to suicide, and liquefied natural gas. The scope of these regulations extends nationally, with specific prohibitions and permissions tied to international obligations and agreements, such as the Charter of the United Nations Sanctions and the Minamata Convention on Mercury. Certain exceptions and exemptions are outlined, such as the exportation of petroleum products for service on aircraft or ships and the exportation of hazardous waste as defined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The regulations also detail specific procedures for obtaining permissions, including applications, ministerial approvals, and conditions that must be met for exportation. Transitional provisions address the impact of amendments made by various legislative instruments, ensuring continuity and clarity in the application of the regulations post-amendment. The enforcement of these regulations is overseen by relevant ministers and authorised officers, with provisions for review and appeal processes under the Administrative Review Tribunal Act 2024. The regulations also include specific measures for certain countries and territories, such as Afghanistan, the Democratic Republic of the Congo, Sudan, and others, reflecting Australia’s international commitments and sanctions. The regulations are complemented by various schedules that list specific goods and substances subject to export restrictions, along with their definitions and applicable conditions.
Key Provisions
- The Customs (Prohibited Exports) Regulations 1958 govern the exportation of certain goods from Australia, imposing specific prohibitions and requiring permissions or authorisations for exports of goods such as objectionable materials, asbestos, chemicals, primary produce, toothfish, human substances, nuclear material, rough diamonds, cat and dog fur, security-sensitive ammonium nitrate, high activity radioactive sources, drugs, precursor substances, counterfeit credit cards, arms or related matériel to specific countries, ozone-depleting substances, radioactive waste, devices and documents relating to suicide, and liquefied natural gas. For instance, the export of objectionable goods, including those that depict or promote crime, violence, or terrorism, is prohibited unless a written permission is obtained from the responsible Minister or an authorised person (regulation 3). Similarly, exporting goods containing asbestos, chemicals, or radioactive materials is restricted, requiring specific permissions or confirmations (regulations 4, 4A, 8, 8A, 9, 9AA, 9AB, 9AC, 9AD). Some exports are conditionally allowed, such as those of primary produce, nuclear materials, and certain drugs, which must comply with specified conditions or requirements (regulations 5, 9, 10, 10AA, 10AB).
- Entities and individuals seeking to export these restricted goods must adhere to various obligations. This includes lodging written applications with relevant authorities, such as the Minister or authorised officers, and providing necessary information to support the application (regulations 4, 4A, 6, 8, 8A, 9, 9AA, 9AB, 10A, 10AB, 13D). They must also ensure that any required permissions or confirmations are produced to the Collector before the exportation occurs (regulations 4, 4A, 6, 8, 8A, 9, 9AA, 9AB, 10, 10AB, 13D). For example, exporting primary produce specified in Schedule 3 requires an approval in writing from the Minister or an authorised officer (regulation 5). Furthermore, licensed exporters of drugs or precursor substances must maintain detailed records and submit reports to the Secretary (regulations 10B, 10CA).
- Violations of these regulations can lead to civil and criminal consequences. The primary penalty for breaching these regulations is a fine. For instance, exporting goods without the required permission or failing to comply with the conditions of a permission can result in fines and potential revocation of permissions (regulations 4, 4A, 6, 8, 8A, 9, 9AA, 9AB, 10, 10AB, 10F, 10FA). Additionally, the unauthorised exportation of arms or related matériel to countries under autonomous sanctions or the exportation of goods to specific countries without the necessary permissions from the Foreign Minister or an authorised person can attract fines and other penalties as stipulated by the relevant sections of the Act (regulations 13CI, 13CJ, 13CL, 13CM, 13CO, 13CP, 13CQ, 13CS, 13CT, 13CU, 13CV, 13CW, 13CX). The maximum penalties can vary, but generally align with the severity of the offence under the Customs Act 1901 and other relevant legislation.
- In summary, the Customs (Prohibited Exports) Regulations 1958 establish a stringent framework to control and monitor the exportation of certain goods from Australia, ensuring compliance with national and international laws and policies. Failure to comply with these regulations can lead to significant penalties, including fines and revocation of export permissions.
- Area of Law
- International Trade Law
- Defence & Security Law
- Environmental Law
- Instrument
- Regulation
- Concepts
- Licensing & Registration
- Prohibited Conduct
- Reporting & Disclosure Obligations
- Delegated & Subordinate Legislation
- Enforcement Powers