Customs (Prohibited Exports) Regulations (Amendment) (Cth)

No judgment structure available for this case.

Statutory Rules 1994

No. 32 1

__________________

Customs (Prohibited Exports) Regulations 2(Amendment)

I, The 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 4 March 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

C. SCHACHT

Minister for Science and Small Business

____________

1. Amendment

1.1 The Customs (Prohibited Exports) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Regulation

13B (Export of goods specified in Schedule 13)

2.1 Omit subregulations 13B (1), (2) and (3), substitute:

“(1)

A reference in this regulation to an authorised person is a reference to an employee of the Department of Defence authorised in writing by the Minister for Defence to grant a permission or licence to export from Australia goods specified in Schedule 13.

“(2)

The exportation from Australia of goods specified in Schedule 13 is prohibited unless subregulation (3) or (3A) applies to those goods.

“(3)

This subregulation applies to goods if:

(a)
a permission in writing to export the goods has been granted by the Minister for Defence or an authorised person; and
(b)
the permission is produced to the Collector.

“(3A)

This subregulation applies to goods if:

(a)
the person exporting the goods is the holder of a licence to export the goods granted by the Minister for Defence or an authorised person; and
(b)
the licence is produced to the Collector.

2.2 Subregulation 13B (5):

Omit “of State”.

2.3 Subregulation 13B (7):

Omit the subregulation, substitute:

“(7)

In Schedule 13:

“ ‘aircraft’ means an airborne vehicle that has:

(a)
a fixed wing; or
(b)
a rotary wing (helicopter); or
(c)
a swivel wing; or
(d)
a tilt rotor; or
(e)
a tilt‑wing;

‘anti‑idiotypic antibodies’ means antibodies which bind to the specific antigen binding sites of other antibodies;

‘biocatalysts’ includes:

(a)
enzymes for specific chemical or biochemical reactions; and
(b)
other biological compounds which bind to, and accelerate the degradation of, chemical warfare agents;

‘biopolymers’ includes the following macromolecules:

(a)
antibodies that are anti‑idiotypic, monoclonal, or polyclonal;
(b)
enzymes for specific chemical or biochemical reactions;
(c)
specially designed or specially processed receptors;

‘development’ means all phases of development before serial production and includes the following:

(a)
assembly and testing of prototypes;
(b)
configuration design;
(c)
design;
(d)
design analysis;
(e)
design concepts;
(f)
design data;
(g)
design research;
(h)
integration design;
(i)
layouts;
(j)
pilot production schemes;
(k)
process of transforming design data into a product;

‘expression vectors’ means carriers (including plasmid or virus carriers) that are used to introduce genetic material into host cells;

‘improvised explosive devices’ includes devices:

(a)
obtained from military or non‑military components; and
(b)
placed or fabricated in an improvised manner; and
(c)
designed to destroy, disfigure or harass; and
(d)
incorporating chemicals that are:
(i)
destructive; or
(ii)
incendiary; or
(iii)
lethal; or
(iv)
noxious; or
(v)
pyrotechnic;

‘library’ means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or software;

‘military pyrotechnics’ includes mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation;

‘monoclonal antibodies’ means proteins which bind to one antigenic site and are produced by a single clone of cells;

‘ODMA software’ means:

(a)
application software; or
(b)
diagnostic systems; or
(c)
maintenance systems; or
(d)
operating systems;

and includes software necessary to enable equipment to perform the function for which it was designed;

‘polyclonal antibodies’ means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;

‘production’ means all phases of production including assembly (mounting), construction, engineering, inspection, integration, manufacture, production, quality assurance and testing;

‘pyrophorics’ means a subclass of pyrotechnics that contain no oxidisers and ignite spontaneously on contact with air;

‘receptors’ means biological macromolecular structures capable of binding ligands affecting physiological functions;

‘required’, in relation to technology, means that part of technology which is peculiarly responsible for achieving or extending controlled performance levels, characteristics or functions that may be found in different products;

‘software’ means a collection of one or more computer programs or microprograms fixed in any tangible medium of expression;

‘specially adapted for military use’ means an electrical, mechanical or structural change which adds or replaces a component with at least one specially designed military component;

‘technical data’ includes:

(a)
blueprints;
(b)
diagrams;
(c)
engineering designs and specifications;
(d)
formulae;
(e)
instructions;
(f)
manuals:
(g)
models;
(h)
plans; or
(i)
tables;

written or recorded on disk, tape or read‑only memory devices;

‘technology’ means specific information necessary for the development, production or use of a product;

‘use’ includes installation, maintenance, operation, overhaul, refurbishing and repair.”.

3. Schedule 13 (Goods the exportation of which is prohibited unless a permission or licence to export the goods has been granted under regulation 13b by the Minister referred to in that regulation or an authorised person)

3.1 Omit the schedule, substitute:

SCHEDULE 13 Regulation 13B

MILITARY AND NON-MILITARY GOODS

(EXPORTATION PROHIBITED EXCEPT ON

PRODUCTION OF A LICENCE OR PERMISSION

UNDER REGULATION 13B)

PART 1

SIGNIFICANT MILITARY GOODS

(CATEGORY 1)

Column 1

Item No.

Column 2

Description of goods

1.

Small arms or machine guns, designed or adapted for military purposes, as follows:

(a) smooth‑bore weapons that:
(i)
are proof tested at pressures above 1,300 bars; and
(ii)
operate normally and safely at pressures above 1,000 bars; and
(iii)
are capable of accepting ammunition above 76.2 mm in length;
(b) rifles, carbines, revolvers, pistols, machine pistols and machine guns;
(c) weapons using caseless ammunition.

2.

Large calibre armament, weapons or projectors, as follows:

(a) cannon;
(b) guns;
(c) howitzers;
(d) military flame throwers;
(e) mortars;
(f) projectile launchers;
(g) recoilless rifles; and
(h) tank destroyers.

SCHEDULE 13—continued

Column 1 Item No.	Column 2 Description of goods
3.	Ammunition, including projectiles, for the equipment mentioned in item 1, 2, 12, 15 or 41 but not including ammunition crimped without a projectile (blank star) and dummy ammunition with a pierced powder chamber.
4.	Bombs, torpedoes, rockets or missiles, specially designed for military use, as follows: (a) bombs; (b) cartridges; (c) demolition-charges; (d) demolition‑devices; (e) demolition‑kits; (f) depth charges; (g) grenades; (h) military pyrotechnics; (i) mines; (j) missiles; (k) rockets; (l) simulators; (m) smoke canisters; and (n) torpedoes.
5.	Apparatus and devices specially designed for the disruption of all goods specified in item 4.
6.	Vehicles and related equipment, specially designed or modified for military use, as follows: (a) amphibious and deep water fording vehicles; (b) armed or armoured vehicles, and vehicles fitted with mounting for arms; (c) armoured railway trains; (d) half‑tracks; (e) tanks and self‑propelled guns.

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

7.

Toxicological agents and materials, and components, and technology therefor, as follows:

(a) biological agents and radioactive materials specially adapted for military use to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare agents, but not including:
(i)
chlorine;
(ii)
diphosgene (trichloromethyl‑chloroformate);
(iii)
ethyl bromoacetate;
(iv)
xylyl bromide;
(v)
benzyl bromide;
(vi)
benzyl iodide;
(vii)
bromo acetone;
(viii)
cyanogen bromide;
(ix)
bromo methylethylketone;
(x)
chloro acetone;
(xi)
ethyl iodoacetate;
(xii)
iodo acetone;
(b) equipment specially designed or modified for the dissemination of the materials or agents specified in paragraph 7 (a) and specially designed components therefor;
(c) equipment specially designed or modified for defence against materials or agents specified in paragraph 7 (a) and specially designed components therefor, but not including:
(i)
masks for protection against specific industrial hazards, such as fumes or powders in mining, quarrying or chemical plants; and
(ii)
gas masks designed for civilian use;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(d) equipment specially designed or modified for the detection or identification of materials or agents specified in paragraph 7 (a) and specially designed components therefor but not including personal radiation monitoring dosimeters;
(e) biopolymers specially designed or processed for detection and identification of chemical warfare agents specified in paragraph 7 (a) and the cultures of specific cells used to produce them;
(f) biocatalysts for decontamination or degradation of chemical warfare agents, and biological systems therefor as follows:
(i)
biocatalysts, specially designed for decontamination or degradation of chemical warfare agents described in paragraph 7 (a) resulting from directed laboratory selection or genetic manipulation of biological systems;
(ii)
biological systems, as follows: expression vectors, viruses or cultures of cells containing the genetic information specific to the production of biocatalysts specified in subparagraph 7 (f) (i);
(g) technology, as follows:
(i)
technology for the development, production or use of toxicological agents and materials, related equipment and components, agents, and materials specified in paragraph 7 (a), (b), (c) or (d);
(ii)
technology for the development, production or use of biopolymers, or cultures of specific cells, specified in paragraph 7 (e);

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(iii)
technology exclusively for the incorporation of biocatalysts specified in subparagraph 7 (f) (i) into military carrier substances or military material.

8.

Military explosives or propellants, and related substances, as follows:

(a) substances and mixtures therefor as follows:
(i)
spherical aluminium powder with a particle size of 60 micrometres or less, manufactured from material with an aluminium content of 99% or more;
(ii)
metal fuels in particle sizes of less than 60 micrometres whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99% or more of one or more of the following:
(A) zirconium, magnesium and alloys of these;

(B) beryllium;

(C) iron powder with average particle size of 3 micrometres or less produced by reduction of iron oxide with hydrogen;
(D) boron or boron carbide fuels of 85% purity or higher and average particle size of 60 micrometres or less;
(iii)
perchlorates, chlorates and chromates composited with powdered metal or other high energy fuel components;
(iv)
nitroguanidine (NQ);

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(v)
compounds composed of fluorine and any of the following: other halogens, oxygen, nitrogen;
(vi)
carboranes; decarborane; pentaborane and derivatives thereof;
(vii)
cyclotetramethylenetetranitramine (HMX); octahydro‑1,3,5,7‑
tetranitro‑1,3,5,7-tetrazine; 1,3,5,7‑tetranitro‑1,3,5,7‑tetrazacyclo octane; (octogen, octogene);
(viii)
hexanitrostilbene (HNS);
(ix)
diaminotrinitrobenzene (DATB);
(x)
triaminotrinitrobenzene (TATB);
(xi)
triaminoguanidinenitrate (TAGN);
(xii)
titanium subhydride of stoichiometry TiH 0.65‑1.68;
(xiii)
dinitroglycoluril (DNGU, DINGU);
tetranitroglycoluril (TNGU, SORGUYL);
(xiv)
tetranitrobenzotriazolobenzotriazole (TACOT);
(xv)
diaminohexanitrobiphenyl (DIPAM);
(xvi)
picrylaminodinitropyridine (PYX);
(xvii)
3‑Nitro‑1,2,4‑triazol‑5‑one (NTO or ONTA);
(xviii)
hydrazine in concentrations of 70% or more; hydrazine nitrate; hydrazine perchlorates; unsymmetrical dimethyl hydrazine; monomethyl hydrazine; symmetrical dimethyl hydrazine;
(xix)
ammonium perchlorate;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(xx)
cyclotrimethylenetrinitramine(RDX); cyclonite; T4; hexahydro‑1,3,5‑trinitro‑ 1,3,5‑triazine; 1,3,5‑trinitro‑1,3,5‑triaza ‑cyclohexane (hexogen, hexogene);
(xxi)
hydroxylammonium nitrate (HAN); hydroxylammonium perchlorate (HAP);
(xxii)
2‑(5‑cyanotetrazolato) pentaamminecobalt (III) perchlorate (or CP);
(xxiii)
cis‑bis (5‑nitrotetrazolato) pentaamminecobalt (III) perchlorate (or BNCP);
(xxiv)
7‑amino‑4, 6‑dinitrobenzofurazane‑1‑oxide (ADNBF);
amino dinitrobenzofuroxan;
(xxv)
5,7-diamino-4,6-dinitrobenzofurazane-1-oxide, (CL-14 or diamino dinitrobenzofurozan);
(xxvi)
2,4,6-trinitro‑2,4,6‑triazacyclohexanone (K‑6 or Keto‑RDX);
(xxvii)
2,4,6,8‑tetranitro‑2,4,6,8-tetraazabicyclo[3,3,0]octan‑3‑one (tetranitrosemiglycouril, K‑55 or keto‑bicyclic HMX);
(xxviii)
1,1,3‑trinitroazetidine (TNAZ);
(xxix)
1,4,5,8‑tetranitro‑ 1,4,5,8‑tetraazadecalin
(TNAD);

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(xxx)
hexanitrohexaazaisowurtzitane (CL‑20 or HNIW; and clathrates of CL‑20);
(xxxi)
polynitrocubanes with more than four nitro groups;
(xxxii)
ammonium dinitramide (ADN or SR 12);
(b) explosives and propellants that meet the following performance parameters:
(i)
any explosive with a detonation velocity exceeding 8,700 m/s or a detonation pressure exceeding 340 kilobars;
(ii)
other organic high explosives not listed elsewhere in this item yielding detonation pressures of 250 kilobars or more that will remain stable at temperatures of 523 K (250oC) or higher for periods of 5 minutes or longer;
(iii)
any other United Nations (UN) Class 1.1 solid propellant not listed elsewhere in this item with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metallised, or more than 270 seconds for aluminised, compositions;
(iv)
any UN Class 1.3 solid propellant with a theoretical specific impulse of more than 230 seconds for non‑halogenised, 250 seconds for non‑metallised and 266 seconds for metallised compositions;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(v)
any other gun propellants not listed elsewhere in this item having a force constant of more than 1,200 kJ/kg;
(vi)
any other explosive, propellant or pyrotechnic not listed elsewhere in this item that can sustain a steady‑state burning rate of more than 38 mm per second under standard conditions of 68.9 bar pressure and 294 K (21oC);
(vii)
elastomer modified cast double based propellants (EMCDB) with extensibility at maximum stress of more than 5% at 233 K (‑40oC);
(c) military pyrotechnics;
(d) military high‑energy solid or liquid fuels, including:
(i)
aircraft fuels specially formulated for military purposes; and
(ii)
liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) or oxygen difluoride including military materials containing thickeners for hydrocarbon fuels specially formulated for use in flamethrowers or incendiary munitions, including metal stearates or palmates (also known as octol) and M1, M2, M3 thickeners;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(e) additives, precursors and stabilisers as follows:
(i)
azidomethylmethyloxetane (AMMO) and its polymers;
(ii)
basic copper salicylate; lead salicylate;
(iii)
bis (2,2‑dinitropropyl) formal or bis (2,2‑dinitropropyl) acetal;
(iv)
bis (2‑fluoro‑2,2‑dinitroethyl) formal (FEFO);
(v)
bis (2‑hydroxyethyl) glycolamide (BHEGA);
(vi)
bis (2‑methylaziridinyl)
methylamino-phosphine oxide (methyl BAPO);
(vii)
bisazidomethyloxetane and its polymers;
(viii)
bischloromethyloxetane (BCMO);
(ix)
butadienenitrileoxide (BNO);
(x)
butanetrioltrinitrate (BTTN);
(xi)
catocene, N‑butyl‑ferrocene and other ferrocene derivatives;
(xii)
cyanoethylated polyamine and its salts;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(xiii)
cyanoethylated polyamine adducted with glycidol and salt;
(xiv)
dinitroazetidine‑t‑butyl salt;
(xv)
energetic monomers, plasticisers and polymers containing nitro, azido, nitrate, nitraza or difluoroamino groups;
(xvi)
poly-2,2,3,3,4,4‑hexafluoropentane-1, 5-diol formal (FPF-1);
(xvii)
poly‑2,4,4,5,5,6,6‑heptafluoro‑2‑ trifluoromethyl‑3‑oxaheptane‑1,7‑diol formal (FPF‑3);
(xviii)
glycidylazide Polymer (GAP) and its derivatives;
(xix)
guanidine nitrate;
(xx)
hexabenzylhexaazaisowurtzitane (HBIW);
(xxi)
hexanitrostibene;
(xxii)
hydroxyl terminated polybutadiene (HTPB) with a hydroxyl functionality of less than 2.16, a hydroxyl value of less than 0.77 meq/g, and a viscosity at 30oC of less than 47 poise;
(xxiii)
hydrogen peroxide in concentrations of greater than 85%;
(xxiv)
superfine iron oxide (Fe2O3 hematite) with a specific surface area more than 250 m2/g and an average particle size of 0.003 micrometre or less;
(xxv)
lead beta‑resorcylate;

SCHEDULE 13— continued

Column 1

Item No.

Column 2

Description of goods

(xxvi)
lead stannate, lead maleate, lead citrate;
(xxvii)
lead‑copper chelates of beta‑resorcylate or salicylates;
(xxviii)
nitratomethylmethyloxetane or poly (3-nitratomethyl, 3-methyl oxetane); (Poly-NIMMO) (NMMO);
(xxix)
N-methyl-p-nitroaniline;
(xxx)
organo‑metallic coupling agents, specifically:
- (A)
  neopentyl [diallyl] oxy, tri [dioctyl] phosphato titanate; also known as titanium IV, 2,2 [bis 2‑propenolato‑methyl, butanolate or tris [dioctyl] phosphato‑O], or LICA 12;
- (B)
  titanium IV,
[(2‑propenolato‑l) methyl, N‑propanolatomethyl] butanolato‑l, also known as tris(dioctyl)pyrophosphato or KR3538;
- (C)
  titanium IV,
[(2‑propenolato‑l) methyl, N‑propanolatomethyl] butanolato‑l, also known as tris(dioctyl)phosphate or KR3512;
(xxxi)
polycyanodifluoroaminoethylene-
oxide (PCDE);

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(xxxii)
polyfunctional aziridine amides: with isophthalic, trimesic (BITA); butylene imine trimesamide isocyanuric; or trimethyladipic backbone structures and 2‑methyl or 2‑ethyl substitutions on the aziridine ring;
(xxxiii)
polyglycidylnitrate or poly (nitratomethyl oxirane); (Poly‑GLYN) (PGN);
(xxxiv)
polynitroorthocarbonates;
(xxxv)
propyleneimide, 2‑methylaziridine;
(xxxvi)
tetraacetyldibenzylhexaazaiso-
wurtzitane (TAIW);
(xxxvii)
tetraethylenepentamineacrylonitrile (TEPAN); cyanoethylated polyamine and its salts;
(xxxviii)
tetraethylenepentamineacrylonitrile-
glycidol (TEPANOL); cyanoethylated polyamine adducted with glycidol and its salts;
(xxxix)
triphenyl bismuth (TPB);
(xxxx)
tris vinoxy propane adduct (TVOPA);
(xxxxi)
tris‑1‑(2‑methyl)aziridinyl phosphine oxide (MAPO); bis(2‑methylaziridinyl) 2‑(2‑hydroxypropanoxy) propylamino phosphine oxide (BOBBA 8); and other MAPO derivatives;
(xxxxii)
1,2,3‑tris [1,2‑bis(difluoroamino)ethoxy] propane;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(xxxxiii)
1,3,5‑trichlorobenzene;
(xxxxiv)
1,2,4‑trihydroxybutane (1,2,4‑butanetriol);
(xxxxv)
1,3,5,7‑tetraacetyl‑1,3,5,7 ‑tetraazacyclooctane (TAT);
(xxxxvi)
1,4,5,8‑tetraazadecalin;
(xxxxvii)
low (less than 10,000) molecular weight, alcohol‑functionalised, poly (epichlorohydrin); poly (epichlorohydrindiol) and triol;
(f) military propellants and fuels not elsewhere specified in this item.

9.

Vessels (including ships) of war, as follows:

(a) combat vessels;
(b) other vessels (surface or underwater) specially designed or modified for military use, whether or not converted to non‑military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour.

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

10.

Aircraft (including helicopters) and unmanned airborne vehicles, specially designed or modified for military use, as follows:

(a) combat aircraft;
(b) other aircraft specially designed or modified for military use, including military reconnaissance, assault, military training, transporting and airdropping troops or military equipment, and logistics support, but not including:
(i)
aircraft designed or modified for military use which have been certified for civil use by a civil aviation authority in Australia, Belgium, Canada, Denmark, Eire, France, Germany, Greece, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Turkey, United Kingdom or United States of America, and which are equipped to international civilian standards; or
(ii)
specially designed components therefor;
(c) unmanned airborne vehicles, including remotely piloted air vehicles (RPVs), and autonomous, programmable vehicles specially designed or modified for military use, and their launchers, ground support and associated equipment for command and control.

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

11.

Directed energy weapons (DEW) systems and related or countermeasure equipment, as follows:

(a) laser systems specially designed for destruction or effecting mission‑abort of a target;
(b) particle beam systems capable of destruction or effecting mission‑abort of a target;
(c) high power radio‑frequency (RF) systems capable of destruction or effecting mission‑abort of a target.

12.

Kinetic energy weapons systems specially designed for destruction or effecting mission‑abort of a target.

PART 2

OTHER MILITARY GOODS

(CATEGORY 2)

Column 1

Item No.

Column 2

Description of goods

13.

Related equipment, accessories, specially designed components and software (other than items specified elsewhere in this Part) for goods specified in item 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 or 12.

14.

Silencers, special gun‑mountings, clips and flash suppressors for the goods specified in item 1, and specially designed components therefor.

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

15.	The following goods, and specially designed components therefor: (a) signature reduction devices for goods specified in item 2; and (b) military smoke, gas and pyrotechnic projectors or generators; and (c) injectors, metering devices, storage tanks, and components for use with liquid propelling charges for any of the equipment specified in this item or in item 2.
16.	Equipment and components specially designed for the handling, control, activation, powering with once-only operational output, launching, laying, sweeping, discharging, decoying, jamming, destruction, disposal, detonation or detection of goods specified in item 3 or 4.
17.	Radomes specially designed to withstand a combined thermal shock greater than 41.8 kJ/m2 accompanied by a peak overpressure of greater than 49 kPa.
18.	Apparatus, devices and components specially designed for the refuelling of goods specified in item 4.
19.	Apparatus and devices specially designed for dealing with improvised explosive devices or with other explosive devices not specified in item 4, and specially designed ODMA software therefor.
20.	Quartz crystals and assemblies in worked, semi‑finished or mounted form, specially designed for equipment specified in item 4 or 16, which have one or more of the following characteristics: (a) radiation hardened; (b) an operating temperature range wider than 120oC;

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

(c) rated to have an acceleration sensitivity of less than 1 x 10‑9 of the operating frequency per g (where g = 9.81 metres/sec2) over a vibration test frequency range from 10 Hz to 2 KHz sinewave and with a maximum level of acceleration not exceeding 20 g.

21.

Electrical pulsers:

(a)
capable of precisely timed, multiple initiations of explosives, controlled to ten microseconds or less; and
(b)
capable of delivering an output current greater than 100 amperes into a load of less than 40 ohms;

and specially designed components and equipment therefor.

22.

Fire control equipment, related alerting and warning equipment, and related systems, specially designed for military use, as follows, and specially designed components and accessories therefor:

(a) weapon sights, bombing computers, gun laying equipment and on‑board weapon control systems;
(b) target acquisition, designation, range‑finding, surveillance or tracking systems; detection, recognition or identification equipment; and sensor integration equipment.

SCHEDULE 13—continued

Column 1

Item No.

Column 2

Description of goods

23.

The following goods, and specially designed components therefor:

(a) military-type recovery vehicles;
(b) carriers, tractors and trailers specially designed for towing or transporting ammunition or weapon systems, and related load handling equipment;
(c) military mobile repair shops specially designed to service military equipment;
(d) all other military vehicles specially designed or adapted for military use, including tank transporters, tracked amphibious cargo carriers, high speed tractors, heavy artillery transporters, bridge laying vehicles and specialised bulk refuellers;
(e) pneumatic tyre casings of a kind specially constructed to be bullet proof or to run when deflated;
(f) engines and power transfer systems for the propulsion of the vehicles specified in this item or in item 6, and specially designed components therefor;
(g) tyre inflation pressure control systems, operated from inside a moving vehicle, specially designed or modified for military use;
(h) suspensions specially designed or adapted for military use.

SCHEDULE—continued

Column 1

Item No.

Column 2

Description of goods

24.

The following goods, and specially designed components therefor:

(a) apparatus or devices designed or adapted for military purposes for the detonation of explosive detonators or explosives;
(b) apparatus or devices capable of detecting explosives but not including X‑ray apparatus or devices specially designed for detection of explosives.

25.

Special naval equipment for vessels of war, as follows, and specially designed components therefor:

(a) engines:
(i)
diesel engines specially designed for submarines with the following characteristics;
(A)
a power output of 1.12 MW (1,500 hp.) or more;
(B)
a rotary speed of 700 rpm or more;
(ii)
electric motors, specially designed for submarines, having the following characteristics;
(A)
a power output of more than 0.75 MW (1,000 hp.);
(B)
quick reversing;
(C)
liquid cooled;
(D)
totally enclosed;
(iii)
non‑magnetic diesel engines specially designed for military use with a power output of 37.3 kW (50 hp.) or more and with a non‑magnetic content in excess of 75% of total mass;

SCHEDULE 13—continued

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Item No.

Column 2

Description of goods

(b) underwater detection devices specially designed for military use and control;
(c) submarine and torpedo nets;
(d) equipment for guidance and navigation specially designed for military use;
(e) hull penetrators and connectors, specially designed for military use, that enable interaction with equipment external to a vessel;
(f) silent bearings specially designed for military use and equipment containing those bearings.

26.

Aero‑engines, aircraft equipment and related equipment, as follows, and components specially designed or modified for military use:

(a) aero‑engines and specially designed components therefor, but not including:
(i)
aero‑engines designed or modified for military use which have been certified for civil use by a civil aviation authority in Australia, Belgium, Canada, Denmark, Eire, France, Germany, Greece, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Turkey, United Kingdom or United States of America, or specially designed components therefor; and
(ii)
reciprocating engines or specially designed components therefor;

SCHEDULE 13—continued

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Item No.

Column 2

Description of goods

(b) airborne equipment, including airborne refuelling equipment, specially designed for use with the aircraft specified in paragraph (a) or (b) of item 10, or the aero‑engines specified in paragraph (a) of this item, and specially designed components therefor;
(c) pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment, developed specially for aircraft specified in paragraph (a) or (b) of item 10, or for the aero‑engines specified in paragraph (a) of this item;
(d) pressurised breathing equipment and partial pressure suits for use in aircraft, anti‑gravity suits, military crash helmets and protective masks, liquid oxygen converters used for aircraft or missiles, and catapults and cartridge-actuated devices for emergency escape of personnel from aircraft;
(e) parachutes used for combat personnel, cargo dropping or aircraft deceleration as follows:
(i)
parachutes for:
(A)
pinpoint dropping of rangers;
(B)
dropping of paratroopers;
(ii)
cargo parachutes;
(iii)
paragliders including drag parachutes, drogue parachutes for stabilisation and attitude control of dropping bodies;
(iv)
drogue parachutes for use with ejection seat systems for deployment and inflation sequence regulation of emergency parachutes;
(v)
recovery parachutes for guided missiles, drones or space vehicles;

SCHEDULE 13—continued

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Item No.

Column 2

Description of goods

(vi) approach parachutes and landing deceleration parachutes; (vii) other military parachutes; (f) automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.
27.	Electronic equipment not specified elsewhere in this Schedule specially designed for military use and specially designed components therefor.
28.	Armoured or protective equipment and constructions, as follows: (a) armoured plate; (b) combinations and constructions of metallic and non‑metallic materials specially designed to provide ballistic protection for military systems; (c) military helmets, but not including conventional steel helmets not equipped with, modified or designed to accept any type of accessory device; (d) body armour, bullet‑proof or bullet‑resistant clothing, flack suits and specially designed components therefor.
29.	Specially designed components for the equipment specified in paragraph (a), (b) or (c) of item 28.
30.	Specialised equipment for military training or for simulating military scenarios, and specially designed components and accessories therefor.

SCHEDULE 13—continued

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Item No.

Column 2

Description of goods

31.	Imaging or countermeasure equipment, specially designed for military use, as follows, and specially designed components and accessories therefor: (a) recorders and image processing equipment; (b) cameras, photographic equipment and film processing equipment; (c) image intensifier equipment; (d) infrared or thermal imaging equipment; (e) imaging radar sensor equipment; (f) countermeasure or counter-countermeasure equipment for the equipment specified in paragraph (a), (b), (c), (d) or (e) of this item.
32.	Forgings, castings and semi‑finished products specially designed for products specified in item 1, 2, 3, 4, 6, 10, 11, 12, 14, 15, 16, 23, 26, 39 or 41.
33.	Forgings, castings and semi‑finished products specially designed for products specified in item 5, 18 or 19.
34.	Miscellaneous equipment, materials and libraries, as follows, and specially designed components therefor: (a) self‑contained diving and underwater swimming apparatus: (i) closed or semi‑closed circuit (rebreathing) apparatus; (ii) specially designed components for use in the conversion of open‑circuit apparatus to military use; (iii) articles designed exclusively for military use with self‑contained diving and underwater swimming apparatus;

SCHEDULE 13—continued

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Item No.

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Description of goods

(b) construction equipment specially designed for military use;
(c) fittings, coatings and treatments for signature suppression, specially designed for military use;
(d) field engineer equipment specially designed for use in a combat zone;
(e) robots, robot controller and robot end effectors, having any of the following characteristics:
(i)
specially designed for military use;
(ii)
incorporating means of protecting hydraulic lines against externally induced punctures caused by ballistic fragments and designed to use hydraulic fluids with flash points higher than 839 K (566oC);
(iii)
operable at altitudes exceeding 30,000m;
(iv)
specially designed or rated for operating in an electro‑magnetic pulse (EMP) environment;
(f) libraries specially designed for military use with equipment specified in this Schedule.

35.

Telescopic sights for military firearms, and specially designed components therefor.

36.

Equipment or technology for the production of goods specified in this Schedule:

(a) specially designed or modified production equipment for the production of products specified in this Schedule and specially designed components therefor;
(b) specially designed environmental test facilities, and specially designed equipment therefor, for the certification, qualification or testing of products specified in this Schedule;

SCHEDULE 13—continued

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Item No.

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Description of goods

(c) production technology, even if the equipment with which such technology is to be used is not specified in this Schedule;
(d) technology specific to the design of, the assembly of components into, and the operation, maintenance and repair of, complete production installations even if the components themselves are not specified in this Schedule.

37.

Equipment for the development of the goods specified in all items in this Schedule.

38.

Cryogenic or superconductive equipment, as follows, and specially designed components and accessories therefor:

(a) equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103K (‑170oC);
(b) superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications and capable of operating while in motion, but not including direct‑current hybrid homopolar generators that have single‑pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, if those windings are the only superconducting component in the generator.

SCHEDULE 13—continued

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Item No.

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Description of goods

39.

The following goods and specially designed components therefor:

(a) equipment specially designed for the detection or identification of, or defence against, systems specified in paragraph (a), (b) or (c) of item 11, and specially designed ODMA software therefor;
(b) physical test models and related test results for the systems, equipment and components specified in this item or item 11.

40.

Software, as follows:

(a) software specially designed or modified for the development, production, or use of equipment or material specified in this Schedule;
(b) software specially designed for:
(i)
modelling, simulation or evaluation of military weapon systems;
(ii)
development, monitoring, maintenance or up‑dating of software embedded in military weapon systems;
(iii)
modelling or simulating military operation scenarios, not specified in item 30;

(iv)
command, communications, control and intelligence applications;
(c) software for determining the effects of conventional, nuclear, chemical or biological warfare weapons.

SCHEDULE 13—continued

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Item No.

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Description of goods

41.

Kinetic energy weapon systems and related equipment therefor, as follows:

(a)
specially designed ODMA software;
(b)
specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.

42.

Technology having a physical form and applicable to the development or use of items specified in this Schedule other than technology specified elsewhere in this Schedule.

43.

Other goods as follows:

(a) complete or partially complete cryptographic equipment designed to ensure the secrecy of communications (including data communications and communications through the medium of telegraphy, video, telephony and facsimile) or stored information;
(b) software controlling, or computers performing the function of, cryptographic equipment referred to in paragraph (a);
(c) parts designed for goods referred to in paragraphs (a) or (b);
(d) applications software for cryptographic or cryptanalytic purposes including software used for the design and analysis of cryptologics;

SCHEDULE 13—continued

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Item No.

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Description of goods

(e) radio transmitters and receivers for spread spectrum or frequency agile communications systems having a total transmitted bandwidth that is:
(i)
100 or more times greater than the bandwidth of any one information channel in the system;
(ii)
in excess of 50 kilohertz; or
(iii)
designed or modified to use cryptographic techniques to generate the spreading code for spread spectrum or the hopping code for frequency agile systems;
(f) parts designed or adapted for goods referred to in paragraph (e);
(g) software and equipment designed or adapted for controlling the functions of goods referred to in paragraph (e);
(h) information security systems, equipment, software, application specific assemblies, modules or integrated circuits, designed or modified to provide certified or certifiable multi‑level security of user‑isolation at a level exceeding Class E4 of the Information Technology Security Evaluation Criteria (ITSEC) or equivalent in force at the commencement of these Regulations;
(i) software designed or adapted for the purpose of demonstrating that the information security features referred to in paragraph (h) provide a multi‑level security or user‑isolation function.

44.

Goods from which information of a technological kind having a military application may be obtained, being information:

SCHEDULE 13—continued

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Item No.

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Description of goods

(a)
that has a restricted or higher classification under the Commonwealth system of protective security classification; or
(b)
that, in relation to which the Commonwealth has, for the purposes of giving effect to an agreement or arrangement with the government of another country, taken steps to prevent its dissemination to persons generally.

PART 3

NON‑MILITARY LETHAL GOODS (CATEGORY 3)

Column 1 Item No.	Column 2 Description of goods
45.	Weapons as follows: (a) rifles, carbines, pistols, revolvers, shotguns and smooth‑bore weapons other than those specially designed for military use; (b) air weapons; and parts and components therefor.
46.	Ammunition, including projectiles, and specially designed components therefor, for the equipment specified in item 45.
47.	Forgings, castings and semi‑finished products specially designed for products specified in item 45.

SCHEDULE 13—continued

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Item No.

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Description of goods

48.	Explosive materials and propellants other than explosives or propellants specified in item 8, but not including those specially designed for toys, novelty goods and display fireworks.

49.	Apparatus or devices other than goods specified in item 24, for the detonation of explosive detonators or explosives.
50.	Telescopic sights for non‑military firearms.

_______________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 March 1994.
2. Statutory Rules 1958 No. 5 as amended by 1959 No. 5; 1961 Nos. 16 and 112; 1963 Nos. 129 and 130; 1964 No. 144; 1965 No. 136; 1966 Nos. 70 and 75; 1967 Nos. 42, 59 and 123; 1968 Nos. 46, 83, 101, 153, 160 and 162; 1969 Nos. 11, 21, 22 and 219; 1970 Nos. 34, 68, 89, 106 and 121; 1972 No. 210; 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974 Nos. 46, 157, 178 and 250; 1975 Nos. 19, 44, 45, 173 and 224; 1976 Nos. 169 and 233; 1977 No. 89; 1978 Nos. 14, 58, 59 and 277; 1979 Nos. 160 and 237; 1980 Nos. 21, 61, 72, 76, 82, 99, 110, 212, 273, 358, 381 and 383; 1981 Nos. 49, 72, 86, 149, 225, 251 and 324; 1982 Nos. 169, 171 and 310; 1983 No. 272; 1984 Nos. 35, 63, 191, 262, 263 and 316; 1985 Nos. 1, 68, 138 and 378; 1986 Nos. 76, 89, 177, 178, 328, 364, 365, 366 and 388; 1987 Nos. 97, 115, 156, 176, 301, 317, 318 and 319; 1988 Nos. 65, 178, 195 and 361; 1989 Nos. 57, 59, 196, 264 and 388; 1990 Nos. 125, 146, 190, 264, 333 and 438; 1991 Nos. 24, 77, 118, 288 and 413; 1992 Nos. 61, 83, 103, 155, 412 and 414; 1993 Nos. 68, 212, 258 and 322.

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Customs (Prohibited Exports) Regulations (Amendment) (Cth)

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