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

Statutory Rules1987 No. 3191

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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 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Barry Jones

Minister of State for Science and Small Business

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Principal Regulations

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

Exportation of goods containing certain chemical compounds

2. Regulation 13d of the Principal Regulations is amended:

(a) by inserting “and Trade” after “Minister of State for Foreign Affairs” (wherever occurring);

(b) by inserting in paragraph (2) (a) “, subject to regulation 13h,” before “an authorised person”;

(c) by inserting in subregulation (4) “of State for Foreign Affairs and Trade” after “the Minister”; and

(d) by omitting from subregulation (4) “or an authorised person”.

Exportation of goods to certain countries

3. Regulation 13e of the Principal Regulations is amended:

(a) by omitting from subregulation (2) “No. P1 of 6 January 1987” and substituting “No. P37 of 16 December 1987”;

(b) by inserting in paragraph (2) (a) “, subject to regulation 13h, by” after “Defence or”;

 

(S.R. 365/87)—Cat. No.  14/9.12.1987

 

(c) by inserting in paragraph (3) (a) “of State for Defence or an authorised person” after “Minister”; and

(d) by omitting from subregulation (7) “or an authorised person”.

Duration of permission

4. Regulation 13f of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “or an authorised person”; and

(b) by omitting subregulation (2).

Exportation of goods—certificate by Minister of Defence

5. Regulation 13g of the Principal Regulations is amended by omitting from subregulation (2) “No. P1 of 6 January 1987” and substituting “No. P37 of 16 December 1987”.

6. After regulation 13g of the Principal Regulations the following regulation is inserted:

Reference to Minister for purposes of regulation 13d or 13e

“13h. (1) Where, in relation to an application for a permission under subregulation 13d (2) or 13e (2) for the exportation of goods from Australia, an authorised person has formed an opinion that the permission should not be granted, the authorised person shall refer the application to the relevant Minister.

“(2) Where an application has been referred to the relevant Minister under subregulation (1), the relevant Minister may grant, or refuse to grant, the permission.

“(3) This regulation shall not be taken to affect any power conferred on the relevant Minister or an authorised person under regulation 13d or 13e to grant a permission subject to conditions or requirements.

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

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

(b) in relation to an application for a permission under subregulation 13e (2)—the Minister of State for Defence.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 97 and see also Statutory Rules 1987 Nos. 97, 115, 156, 176, 301, 317 and 318.

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