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

Statutory Rules 1991

No. 118 1

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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 30 May 1991.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

D. BEDDALL

Minister of State for Small Business and Customs

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1.   Amendment

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

  

2.   Regulation 13CA (Export of goods to Iraq etc.)

2.1   Omit the regulation, substitute:

 

Exportation of goods to Iraq and goods originating in Iraq

“13CA.   (1)    Except in accordance with a permission granted under subregulation (2), a person must not:

 

• (a)

  export goods if the immediate or final destination of the goods is, or is intended to be, the Republic of Iraq; or

• (b)

  export goods that originated (wholly or in part) in the Republic of Iraq.

 

 “(2) The Minister of State for Foreign Affairs and Trade (in this regulation called ‘the Minister’)may grant a permission for the exportation of specified goods, or goods of a specified kind, where the exportation without the permission would contravene subregulation (1), if the Minister is satisfied that permitting the exportation will not infringe the international obligations of Australia.

 

 “(3) A permission granted under subregulation (2) may specify, in relation to the exportation of goods that it permits:

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

• (b)

  the quantity of goods that may be exported; and

(c)

the circumstances in which goods may be exported.

 

 “(4) The Minister may revoke or modify a permission granted under subregulation (2) if the Minister is satisfied on reasonable grounds that:

 (a) a condition or requirement of the permission has not been complied with; or

 (b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would infringe the international obligations of Australia.

 

   “(5)   The powers of the Minister under this regulation may be exercised by a person authorised in writing by the Minister to exercise those powers.”.

  

3.   Regulation 13E (Exportation of certain goods)

3.1   Subregulation (2):

 

Omit “notice published by the Minister of State for Defence in Gazette No. P11 dated 2 March 1990”, substitute “document published by the Minister of State for Defence entitled ‘Australian Controls on the Export of Technology with Civil and Military Applications’ dated May 1991”.

 

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NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 6 June 1991.

 

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 and 77.