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

Statutory Rules 1989

No. 1961

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 July 1989.

 

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Barry O Jones

Minister of State for Science, Customs and Small Business

______________

Commencement

1. These Regulations commence on 25 July 1989.

Principal Regulations

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

Repeal of regulation 4

3. Regulation 4 of the Principal Regulations is repealed.

Repeal of regulation 7

4. Regulation 7 of the Principal Regulations is repealed.

(S.R. 220/89) Cat. No.  14/13.7.1989

Export of goods specified in Schedule 13

5. Regulation 13b of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “grant permission” and substituting “grant a permission or licence”;

(b) by omitting subregulation (2) and substituting the following subregulations:

“(2) The exportation from Australia of goods specified in, or included in a class of goods specified in, Part Ia, Part Ib or Part II of Schedule 13 is prohibited unless:

(a) a permission in writing to export the goods has been granted by the Minister of State for Defence or an authorized person; and

(b) the permission is produced to the Collector.

“(3) The exportation from Australia of goods specified in, or included in a class of goods specified in, Part III of Schedule 13 is prohibited unless:

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

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

“(4) A permission or licence granted under this regulation may specify conditions, or requirements, to be complied with by the holder of the permission or licence 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 or licence relates) at or before which the condition or requirement shall be complied with by the holder.

“(5) The Minister of State for Defence may revoke a permission or licence granted under this regulation if the holder of the permission or licence has failed to comply with a condition or requirement specified in the permission or licence.

“(6) A licence granted under this regulation remains in force:

(a) for a period of 12 months commencing on the day of commencement specified in the licence, being a day not earlier than the day of grant of the licence; or

(b) for such other period as is specified in the licence, being a period that commences not earlier than the day of grant of the licence.

“(7) In Schedule 13:

‘software’ means software fixed in any tangible medium.”.

Exportation of goods containing certain chemical compounds

6. Regulation 13d of the Principal Regulations is amended by omitting from subregulation (2) “, subject to regulation 13h,”.

Exportation of certain goods

7. Regulation 13e of the Principal Regulations is amended by omitting from subregulation (2) “, subject to regulation 13h,” (wherever occurring).

Certain applications to be referred

8. Regulation 13h of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “subregulation 13e (2)” and substituting “regulation 13b or subregulation 13e (2)”;

(b) by omitting from subregulation (3) “regulation 13e” and substituting “regulation 13b or 13e”;

(c) by omitting subregulation (4) and substituting the following subregulation:

“(4) In this regulation, ‘relevant Minister’ means:

(a) in relation to an application for a licence or permission under regulation 13b or subregulation 13e (2)—the Minister of State for Defence; or

(b) in relation to an application for a permission under subregulation 13d (2)—the Minister of State for Foreign Affairs and Trade.”.

Schedule 13

9. Schedule 13 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 13 Regulation 13b

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 AUTHORIZED PERSON

PART Ia

Column 1	Column 2
Item	Description of goods
1	Firearms with a calibre less than 20 millimetres that are
(a) centre-fire and rifled: or
(b) smooth bore and chambered to accept ammunition longer than 76.2 millimetres.
and designed or adapted for military purposes
2	Barrels, cylinders and breech mechanisms for firearms referred to in Item 1 and parts of such firearms containing such goods

SCHEDULE 13—continued

Column 1	Column 2
Item	Description of goods
3	Accessories, including bayonets, designed or adapted for use in or with firearms referred to in Item 1
4	Guns with a calibre equal to or greater than 20 millimetres, torpedo, rocket, missile and other projectile launchers and flame throwers, being goods designed or adapted for military purposes
5	Equipment (including weapon fire control equipment) that during its operation is directly interconnected (physically or by communication link) to, and that is necessary for the effective functioning of, goods referred to in Item 4
6	Ammunition designed or adapted for use with goods referred to in Item 1 or 4
7	Bombs (including incendiary bombs), torpedoes, rockets, guided and unguided missiles, grenades (including incendiary grenades), mines, depth charges and demolition charges and devices, being goods designed or adapted for military purposes
8	Equipment that during its operation is directly interconnected (physically or by communication link) to, and that is necessary for the effective functioning of, goods referred to in Item 7
9	Toxicological agents of a biological, chemical or radioactive nature designed or adapted to produce casualities in human beings
10	Equipment designed or adapted for disseminating goods referred to in Item 9
11	Explosive, propellant and incendiary materials (including gel type incendiary materials), being goods designed or adapted for use in goods referred to in Item 4, 6 or 7
12	Fuel thickeners for making incendiary gel materials referred to in Item 11
13	Vessels (including underwater vessels), aircraft and vehicles, being goods designed or adapted for military purposes and fitted for mounting guns, rockets, missiles or bombs
14	Equipment that during its operation is directly interconnected (physically or by communication link) to, and that is necessary for the effective functioning of, goods referred to in Item 13
15	Directed energy weapons using laser, particle beam or microwave energy, being goods designed or adapted for military purposes
16	Equipment that during its operation is directly interconnected (physically or by communication link) to, and that is necessary for the effective functioning of, goods referred to in Item 15
17	Parts (including software) and accessories designed or adapted for use in or with goods referred to in Item 4, 5, 6, 7, 8, 10, 13, 14,15 or 16

PART Ib

Column 1	Column 2
Item	Description of goods
1	Goods designed or adapted for the detection, decoying, sweeping, destruction or disposal of goods referred to in Item 6 or 7 of Part 1a
2	Goods designed or adapted for the detection or identification of, or defence against, goods referred to in Item 9 of Part 1a

SCHEDULE 13—continued

Column 1	Column 2
Item	Description of goods
3	Goods designed or adapted for the surveillance, detection, tracking, or designating of military targets
4	Vessels (including underwater vessels), aircraft and vehicles, being goods designed or adapted for military purposes other than such goods referred to in Item 13 of Part 1a
5	Goods (including software) designed or adapted for the purpose of producing goods to which another item of this Part or Part 1a applies
6	Electronic goods designed or adapted for one or more of the following purposes, namely:
(a) communications or data processing in a military environment, or
(b) electronic warfare (including electromagnetic spectrum surveillance, monitoring or jamming or countermeasures for such surveillance, monitoring or jamming)
7	Equipment that during its operation is directly interconnected (physically or by communication link) to, and that is necessary for the effective functioning of, goods referred to in Item 6
8	Parts (including software) and accessories, designed or adapted for use in or with goods referred to in Item 1, 2, 3, 4, 6 or 7
9	Software designed or adapted for the development or evaluation of military equipment
10	Goods from which information of a technological kind having a military application may be obtained, being information
(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 us dissemination to persons generally

PART II

Column 1	Column 2
Item	Description of goods
1	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
2	Software controlling, or computers performing the function of, cryptographic equipment referred to in Item 1
3	Parts designed for goods referred to in Item 1 or 2
4	Applications software for cryptographic or cryptanalytic purposes
5	Radio transmitters and receivers for spread spectrum or frequency agile communications systems having a total transmitted bandwidth that is:
(a) 100 or more times greater than the bandwidth of any one information channel in the system; and
(b) in excess of 50 kilohertz
6	Parts designed or adapted for goods referred to in Item 5

SCHEDULE 13— continued

Column 1	Column 2
Item	Description of goods
7	Software and equipment designed or adapted for controlling the functions of goods referred to in Item 5
8	Software designed or adapted to provide, or that is capable of providing, multi-level security or user-isolation applicable to material that has a restricted or higher classification under the Commonwealth system of protective security classification
9	Software designed or adapted for the purpose of demonstrating that the software referred to in item 8 provides a multi-level security or user-isolation function
10	Telecommunications and electronic information processing equipment, and specially designed parts and software for such equipment, being equipment, parts and software designed or adapted to comply with standards established under the Commonwealth system of protective security classification

PART III

Column 1	Column 2
Item	Description of goods
1	Firearms (including commercial and sporting weapons) other than firearms referred to in Item 1 of Part 1a
2	Barrels, cylinders and breech mechanisms for goods to which Item 1 applies
3	Ammunition (other than ammunition referred to in Item 6 of Part 1a) of a kind used in firearms to which Item 1 applies
4	Propellant materials (other than such materials referred to in Item 11 of Part 1a) of a kind used in goods to which Item 3 applies
5	Explosive materials and explosive devices other than such materials or devices referred to in Item 11 of Part 1a
6	Parts designed or adapted for use in goods to which Item 3 or 5 applies

Schedule 14

10. Schedule 14 to the Principal Regulations is amended by adding at the end the following items:

“9	Assault bridges
10	Deceptive warfare appliances and equipment including:
(a) dazzle and decoy devices: and
(b) equipment designed or adapted for making smoke screens;
not being deceptive warfare appliances and equipment to which regulation 13b applies
11	Personal appliances and equipment designed or adapted for military purposes
12	Training equipment designed or adapted for military purposes”.

Saving

11. (1) Where a permission under regulation 13b of the Principal Regulations was in force immediately before the commencement of these Regulations, that permission continues in force as if it had been granted

under regulation 13b of the Principal Regulations as amended by these Regulations.

(2) A permission continued in force by virtue of subregulation (1) that, but for this subregulation, would be in force after 25 January 1990 ceases to have effect on the expiration of that date.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 July 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 Statutory Rules 1989 Nos. 57 and 59.

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