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

Statutory Rules 1990 No. 2641

 

Customs (Prohibited Exports) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the *Customs Act 1901.

Dated 8 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

John N. Button.

Minister of State for

Industry, Technology and Commerce

 

1. Amendment

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

 

2. New regulation 13CA

2.1 After regulation 13C, insert:

Exportation of goods to Iraq and Kuwait

“13CA. (1) In this regulation:

‘authorised person’means a person appointed in writing by the Minister to be an authorised person for the purposes of this regulation;

‘Iraq’ means the Republic of Iraq;

‘Kuwait’ means the State of Kuwait;

‘Minister’means the Minister of State for Foreign Affairs and Trade.

“(2) The exportation from Australia:

(a) to Iraq or Kuwait of goods of any description; or

(b) to any country of goods that are of Iraqi or Kuwaiti origin; or

(c) of goods that are certified by the Minister to be goods that the Minister has reasonable groundsfor believing are:

(i) goods the ultimate intended destination of which is Iraq or Kuwait; or

(ii) goods of Iraqi or Kuwaiti origin;

is prohibited unless the permission in writing of the Minister or an authorised person to export those goods is produced to a Collector.

“(3) A permission granted under subregulation (2) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement,

specify a time (being a time before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder.

“(4) Where:

(a) a permission granted under subregulation (2) is subject to a condition or requirement to be complied with by the holder; and

(b) the holder fails to comply with the condition or requirement;

the Minister may revoke the permission whether or not the holder is charged with an offence against subsection 112 (2B) of the Act in respect of the failure to comply with the condition or requirement.”.

3. Regulation 13H (Certain applications to be referred)

3.1 Subregulation 13H (1):

Omit “subregulation 13D (2)”, substitute “subregulation 13CA (2) or 13D (2)”.

3.2 Subregulation 13H (3)

Omit “regulation 13D”, substitute “regulation 13CA or 13D”.

3.3 Paragraph 13H (4)(b);

Omit “subregulation 13D (2) “, substitute “subregulation 13CA (2) or 13D (2)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 August 1990.

2. Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 125 and see also