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

Statutory Rules 1989

No. 388 1

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 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries and Energy

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Customs (Prohibited Exports) Regulations.

Exportation of goods specified in Schedule 9

2. Regulation 11 of the Principal Regulations is amended by omitting from subregulations (1) and (2) “Ninth Schedule” and substituting “Schedule 9”.

Schedule 9

3. The Ninth Schedule to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 9 Regulation 11

GOODS THE EXPORTATION OF WHICH IS PROHIBITED UNLESS THE APPROVAL OF THE MINISTER OR AN AUTHORIZED PERSON REFERRED TO IN REGULATION 11 IS PRODUCED TO THE COLLECTOR

In this Schedule:

‘document’ has the meaning that it has in section 25 of the Acts Interpretation Act 1901;

‘materials resistant to uranium hexafluoride’ means materials resistant to corrosion by uranium hexafluoride and includes:

(a) stainless steel; and

(b) aluminium, aluminium alloys and aluminium oxide; and

(c) nickel; and

(d) alloys containing more than 60% by weight of nickel; and

(e) fully fluorinated hydrocarbon polymers resistant to corrosion by uranium hexafluoride;

‘other fissionable material’ means:

(a) previously separated americium-242m, curium-245, curium-247, californium-249 and californium-251 and isotopes of plutonium other than plutonium-238 and plutonium-239; and

(b) material containing any of the materials referred to in paragraph (a);

‘previously separated’, in relation to material, means material that has been subjected to a process that increases the concentration of a controlled isotope;

‘special fissionable material’ means:

(a) plutonium-239, uranium-233 and uranium enriched in the isotope 235 or 233; and

(b) material containing any of the materials referred to in paragraph (a);

‘uranium enriched in the isotope 235 or 233’ means uranium containing either or both of the isotopes 235 or 233 in an amount such that the abundance ratio of the sum of that, or those, isotopes to the isotope 238 is more than the ratio of the isotope 235 to the isotope 238 occurring in nature (isotopic ratio: 0.71%).

A reference to goods suitable for, or capable of, achieving a purpose is a reference to goods that, without substantial modification, are, in practice, reasonably suitable for, or capable of, achieving that purpose.

A reference to goods includes a reference to goods of that kind that are incomplete or unfinished if the incomplete or unfinished goods have the essential character of the complete or finished goods.

Unless the contrary intention appears, a reference to goods of a material or substance includes a reference to goods consisting partly of that material or substance.

Item No.	Description of Goods
1	(1) Beryllium
(2) Goods made of beryllium other than beryllium windows for medical X-ray machines
(3) Beryllium alloys containing more than 50% by weight of beryllium
(4) Beryllium oxide and other beryllium compounds
2	Calcium containing:
(a) less than 10 parts per million by weight of boron; and
(b) less than 100 parts per million by weight of impurities other than magnesium or boron

SCHEDULE 9—continued

Item No.	Description of Goods
3	(1) Balancing machines, fixed or portable, horizontal or vertical:
(a) suitable for the flexible balancing of centrifuge rotors:
(i) not less than 75 millimetres, and not more than 410 millimetres, in diameter; and
(ii) 600 millimetres or more in length; and
(b) having a mass capability of not less than 0.9 kilograms and not more than 23 kilograms; and
(c) capable of balancing to a residual imbalance of25 millimetre-grams per kilogram per plane or less; and
(d) suitable for the flexible balancing of centrifuge rotors in 3 or more planes
(2) Computer equipment designed or prepared for use as part of, or in conjunction with, a balancing machine referred to in subitem (1)
4	The following equipment, including components, suitable for the manufacture or assembly of the rotating components of gas centrifuges for the enrichment of uranium by the use of gaseous uranium hexafluoride:
(a) filament winding machines suitable for fabricating composite rotortubes from fibrous and filamentary materials, being machines in which the motions for positioning, wrapping and winding of fibres are co-ordinated and programmed in 3 or more axes;
(b) rotor assembly equipment (including mandrels, clamps and shrink fit machines) suitable for the assembly of rotor tube sections, baffles and end-caps;
(c) rotor straightening equipment suitable for the alignment of rotor tube sections to a common axis, including precision measuring probes linked to a computer that controls components used for aligning the rotor tube sections;
(d) equipment suitable for the manufacture of rings or bellows
5	(1) Deuterium
(2) Heavy water (deuterium oxide)
(3) Compounds, mixtures and solutions containing deuterium in which the ratio of the number of deuterium atoms to hydrogen atoms exceeds 1:5,000
6	Dosimeters suitable for personal radiation monitoring capable of measuring:
(a) in one exposure, a dosage of between 250 millisieverts and 8 Sieverts; or
(b) dose rates of between 10 and 800 millisieverts per hour; other than film dosimeters and dosimeters suitable only for use with medical radiation equipment
7	Electrolytic cells capable of producing more than 250 grams of fluorine per hour
8	(1) Flash discharge X-ray units having:
(a) a peak power greater than 500 megawatts; and
(b) an output voltage greater than 500 kilovolts; and
(c) a pulse width less than 0.2 microsecond
(2) Components and accessories for units referred to in subitem (1)
9	(1) Fluorine
(2) The following compounds of fluorine:
(a) chlorine trifluoride; and
(b) trichlorotrifluoroethane; and
(c) dichlorotetrafluoroethane
10	The following fissionable materials:
(a) plutonium, except quantities of one gram or less having an isotopic concentration of plutonium-238 which exceeds 80%;
(b) uranium enriched in the isotope 235 or 233;
(c) uranium-233;
(d) irradiated uranium containing plutonium;
(e) irradiated thorium containing uranium-233;
(f) quantities greater than 0.1 grams (or 0.3 grams when contained in a sensing component or sensing instrument) of any of the following:

SCHEDULE 9—continued

Item No.	Description of Goods
(i) americmm-242m;
(ii) curium-245.
(iii) curium-247;
(iv) californium-249;
(v) californium-251;
(g) quantities greater than one gram of neptunium-237;
(h) compounds, alloys and mixtures of any of the materials to which paragraphs (a) to (g) inclusive apply
11	Nuclear grade graphite:
(a) in the form of blocks or rods from which a cube of at least 50 millimetres side can be cut; and
(b) that has a boron content not exceeding 1 part per million; and
(c) the density of which is greater than 1.5 grams per cubic centimetre
12	(1) Hafnium
(2) Alloys containing more than 60% by weight of hafnium
(3) Compounds of hafnium
13	Equipment, including components, suitable for use in the enrichment or separation of isotopes of uranium by gaseous diffusion, including
(1) porous filters, having a pore size of 100 to 1000 angstroms and a thickness of 5 millimetres or less (or, for tubular forms, a diameter of 25 millimetres or less) made of metallic, polymer or ceramic materials resistant to uranium hexafluoride, suitable for use as gaseous diffusion barriers
(2) hermetically sealed cylindrical vessels greater than 300 millimetres in diameter and greater than 900 millimetres in length (or rectangular vessels greater than 300 millimetres on one side and greater than 900 millimetres in length) which have an inlet connection, and two outlet connections, each of which is greater than 50 millimetres in diameter (or equivalent) made of or lined with materials resistant to uranium hexafluoride, being vessels suitable for containing the gaseous diffusion barrier and suitable for horizontal or vertical installation
(3) heat exchangers, suitable for cooling uranium hexafluoride at sub-atmospheric pressures, having a leak rate of less than 0 01 kilopascal per hour under a pressure differential of 100 kilopascals, the clad tubes of which are made of
(a) aluminium, or
(b) copper, or
(c) nickel, or
(d) an alloy containing more than 60% by weight of nickel, or
(e) a combination of any of the materials referred to in paragraph (a), (b), (c) or (d)
14	Equipment, including components, suitable for use in the enrichment or separation of isotopes of uranium, including
(1) turbo, axial, centrifugal or positive displacement compressors or gas blowers:
(a) having a suction volume capacity of one cubic metre per minute or more of uranium hexafluoride and a maximum discharge pressure of more than 200 kilopascals; and
(b) having a pressure ratio between 2:  1 and 6:1; and
(c) made of, or lined with, materials resistant to uranium hexafluoride;
(2) rotary shaft vacuum seals, suitable for use with compressors or gas blowers described
in subitem (1), having seal feed and seal exhaust connections suitable:
(a) for sealing the shaft connecting the compressor or the gas blower rotor with the driver motor, against in-leaking of air into the inner chamber (of the compressor or gas blower) containing uranium hexafluoride
(b) for a buffer gas in-leakage rate of less than one litre per minute
(3) valves
(a) that are 5 millimetres or greater in diameter; and
(b) that have a bellows seal; and
(c) that are made of, or lined with, materials resistant to uranium hexafluoride
15	Auxiliary equipment, including components, suitable for use in the enrichment or separation of isotopes of uranium by gaseous diffusion, including:

SCHEDULE 9—continued

Item No.	Description of Goods
(1) feed systems, and product and tails withdrawal systems, capable of operating at pressures of 300 kilopascals or less, including:
(a) feed autoclaves (or systems) suitable for passing uranium hexafluoride to the gaseous diffusion cascades; and
(b) desublimers (or cold traps) suitable for removing uranium hexafluoride from diffusion cascades; and
(c) liquefaction stations suitable for compressing and cooling uranium hexafluoride gas from the cascade to form a liquid; and
(d) product, or tails, stations suitable for transferring uranium hexafluoride into containers
(2) piping systems and header systems suitable for handling uranium hexafluoride within the gaseous diffusion cascades
(3) vacuum systems suitable for use in atmospheres containing uranium hexafluoride:
(a) made of, or lined with, aluminium, nickel or alloys containing more than 60% by weight of nickel; and
(b) vacuum manifolds and vacuum headers; and
(c) vacuum pumps having a suction capacity of 5 cubic metres per minute or more that:
(i) are either rotary or positive; and
(ii) may have displacement and fluorocarbon seals; and
(iii) may have special working fluids
(4) manual, or automated, shut-off and control bellows valves, made of materials resistant to uranium hexafluoride, having a diameter of 40 millimetres to 1.5 metres suitable for installation in main and auxiliary systems of gaseous diffusion enrichment plants
16	(1) Mass spectrometers and mass spectrographs, including:
(a) magnetic or quadrupole mass spectrometers or mass spectrographs, suitable for taking on-line samples of feed, product or tails from uranium hexafluoride gas streams, having:
(i) unit resolution for mass greater than 320 atomic mass units; and
(ii) ion sources that are made of, or lined with, nichrome or monel or that are nickel plated; and
(iii) electron bombardment ionization sources; and
(iv) a collector system suitable for isotopic analysis; and
(b) solid source mass spectrometers or mass spectrographs
(2) Ion sources suitable:
(a) for use in instruments to which subitem (1) applies; and
(b) for handling uranium hexafluoride
17	Any of the following materials:
(a) lithium metal;
(b) lithium hydrides;
(c) lithium alloys;
(d) other materials (including compounds, mixtures and concentrates);
being or containing lithium enriched in the isotope lithium-6
18	The following materials suitable for the construction of rotating components of gas centrifuges:
(a) maraging steel, in crude, semi-fabricated or fabricated form, whether or not finally heat-treated, that is capable of an ultimate tensile strength of not less than 2,000 megapascals;
(b) aluminium alloys, in tube form or forgings, that are capable of an ultimate tensile strength of not less than 460 megapascals;
(c) filamentary materials suitable for use in composite structures having:
(i) a specific modulus of not less than 123 x 10 5, being the numerical value derived in accordance with the formula:
where:
A is the numerical value of Young’s modulus, in relation to the material, expressed in megapascals;
B is the numerical value of the density of the material expressed in kilograms per cubic metre;

SCHEDULE 9—continued

Item No.	Description of Goods
(ii) a specific ultimate tensile strength of not less than 3 x 10 s, being the numerical value derived in accordance with the formula
Where
A is the numerical value of the ultimate tensile strength of the material expressed in megapascals,
B is the numerical value of the density of the material expressed in kilograms per cubic metre
19	Metal-working machines, spin-forming and flow-forming, with double support or 3 rollers, being machines suitable for being fitted with a drive motor having maximum continuous power output of not less than 18.5 kilowatts
20	Minerals, raw and treated (including residues and tailings) containing more than 0.05% by weight of uranium or thorium, or of uranium and thorium, including
(a) monazite; and
(b) monazite sands, and
(c) ores containing thorium (including uranothorianite), and
(d) ores containing uranium (including pitchblende)
21	Materials, suitable for use in the manufacture of gaseous diffusion barriers for the enrichment or separation of isotopes of uranium, including
(1) any of the following materials in powdered form having a mean particle size of less than 10 microns
(a) nickel containing less than 1% by weight of impurities,
(b) alloys containing 60% or more by weight of nickel.
(c) aluminium oxide,
(d) uranium hexafluoride resistant, fully fluorinated, hydrocarbon polymers having a purity of at least 99 9%
(2) nickel in any of the following forms
(a) wire, containing not less than 95% by weight of nickel, not exceeding 0 10 millimetres in diameter.
(b) woven wire mesh
(i) made of wire containing not less than 95% by weight of nickel, and
(ii) containing not less than 6 wires per linear millimetre.
(c) porous nickel metal produced from materials referred to in paragraph (1) (a), except porous nickel metal sheets not exceeding 0.093 square metres in area suitable for use in batteries
22	(1) Nuclear reactors capable of maintaining a controlled self-sustaining fission chain reaction
(2) Major components suitable for nuclear reactors referred to in subitem (1), including
(a) reactor vessels, and
(b) internal components suitable for the operation of a nuclear reactor including.
(i) core support structures, and
(ii) thermal shields, and
(iii) baffles, and
(iv) core grid plates, and
(v) diffuser plates, and
(c) coolant pumps, and
(d) fuel element handling equipment, and
(e) heat exchangers; and
(f) control rods, and
(g) control rod drive mechanisms; and
(h) electronic controls for controlling the power levels of nuclear reactors; and
(i) pressure tubes suitable for containing the fuel elements and primary coolant in a nuclear reactor at an operating pressure in excess of 5 megapascals
23	(1) Plants for reprocessing irradiated nuclear reactor fuel elements
(2) Equipment suitable for plants referred to in subitem (1), including

SCHEDULE 9—continued

Item No.	Description of Goods
(a) solvent extraction equipment; and
(b) chemical holding or storage vessels; and
(c) fuel element chopping or shredding machines; and
(d) critically safe tanks for the dissolution of irradiated nuclear reactor fuel; and
(e) counter-current solvent extractors and ion-exchange processing equipment suitable for use in a plant for the reprocessing of irradiated natural uranium, depleted uranium, or special or other fissionable materials; and
(f) process control instrumentation suitable for monitoring or controlling the reprocessing of irradiated source materials, special fissionable materials or other fissionable materials; and
(g) plutonium nitrate to plutonium oxide conversion systems; and
(h) plutonium metal production systems
24	(1) Plants for the fabrication of nuclear reactor fuel elements
(2) Equipment suitable for plants referred to in subitem (1)
25	(1) Plants for the production of heavy water, deuterium or compounds containing deuterium
(2) Equipment and materials suitable for plants referred to in subitem (1)
26	(1) Plants for:
(a) the production or purification of uranium hexafluoride; or
(b) the enrichment or separation of isotopes of natural or depleted uranium, special fissionable materials or other fissionable materials
(2) Equipment and materials suitable for plant, referred to in subitem (1), including:
(a) valves resistant to corrosion by uranium hexafluoride or fluorine; and
(b) gas centrifuge separation units; and
(c) auxiliary equipment for use in connection with units referred to in paragraph (b); and
(d) jet-nozzle separation units; and
(e) vortex separation units; and
(f) laser isotopic separation units; and
(g) chemical exchange separation units; and
(h) chemical exchange resins suitable for units referred to in paragraph (g); and
(i) electromagnetic separation units; and
(j) plasma separation units; and
(k) gaseous diffusion separation units; and
(l) large axial or centrifugal compressors; and
(m) seals for compressors referred to in paragraph (1); and
(n) frequency changers capable of multiphase electrical output of not less than 600 hertz and not more than 2,000 hertz; and
(o) bulging dies; and
(p) pressure gauges capable of measuring pressures to 13.5 kilopascals or less having sensing elements of nickel, nickel alloy, phosphor bronze, stainless steel, aluminium or aluminium alloy that are resistant to corrosion by uranium hexafluoride or hydrogen fluoride; and
(q) process-control instruments that are resistant to corrosion by uranium hexafluoride or fluorine, whether suitable for monitoring or controlling the processing of material in uranium hexafluoride conversion plants or not; and
(r) nuclear-grade viton sealing rings, of the type known as “O” rings, the inside diameter of which is more than 40 millimetres

27	(1) Thorium (wrought or unwrought)
(2) Alloys, mixtures and compounds containing thorium excluding:
(a) alloys containing less than 1.5% by weight of thorium; and
(b) medicinals
28	Any of the following materials:
(a) tritium;
(b) compounds and mixtures containing tritium in which the ratio of tritium to hydrogen by atoms exceeds one part in 1,000;
except tritium contained in luminous paint, self-luminous products, gas and aerosol detectors, electron tubes, lightning or static elimination devices, ion generating tubes, detector cells of gas chromatography devices and calibration standards

SCHEDULE 9—continued

Item No.	Description of Goods
29	Any of the following materials:
(a) uranium, natural or depleted in the isotope 235 (wrought or unwrought);
(b) alloys, compounds and mixtures, containing natural uranium or uranium depleted in the isotope 235, having a uranium content exceeding 0.05% but not medicinals
30	Any of the following materials:
(a) zirconium;
(b) alloys containing more than 50% by weight of zirconium;
(c) compounds or zirconium;
(d) goods made of materials referred to in paragraph (a), (b) or (c); in which the ratio of hafnium to zirconium is less than 1:500 parts by weight
31	Neutron generator systems, including tubes suitable for operation without an external vacuum system, utilising electrostatic acceleration to induce a tritium-deuterium nuclear reaction
32	Power generating or propulsion equipment suitable for use with military, space, marine or mobile nuclear reactors
33	Equipment suitable for:
(a) the separation of isotopes of lithium; or
(b) the production of tritium; or
(c) the recovery of tritium
34	(1) Documents containing information, applicable to the development, production or use of goods specified in items 1 to 33, inclusive, that are not lawfully available, within or outside Australia, to the public or a section of the public
(2) Models or any other thing from which information to which subitem (1) applies can be obtained

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 57 and see also