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

Statutory Rules 1987

No. 1151

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 5 June 1987.

N. M. STEPHEN

 Governor-General

By His Excellency’s Command,

John N. Button

Minister of State for Industry,

Technology and Commerce

Principal Regulations

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

2. After regulation 13d of the Principal Regulations the following regulations are inserted:

Exportation of goods to certain countries

“13e. (1) A reference in this regulation to an authorised person is a reference to a person authorised in writing by the Minister of State for Defence to grant permission, for the purposes of these Regulations, to export from Australia to a country specified in Column 2 of an item in Schedule 15 all or any of the goods referred to in subregulation (2).

“(2) The exportation from Australia to a country specified in Column 2 of an item in Schedule 15 of goods specified in the notice published by

(S.R. 122/87)—Cat. No. 14/21.5.1987

the Minister of State for Defence in Gazette No. P 1 on 6 January 1987 is prohibited unless:

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

(b) the permission is produced to a Collector.

“(3) A permission under subregulation (2) shall be granted subject to compliance by the holder of the permission at the time the goods are exported with the following conditions:

(a) that the goods are exported from Australia within the period of 6 months after the Minister has granted that permission, or such longer period as is specified in the permission;

(b) that the goods are exported to a person specified in the permission (in this subregulation called “the consignee”) and to a country (being a country specified in Schedule 15) specified in the permission;

(c) that the holder will, if so required by the Minister of State for Defence or an authorised person:

(i) obtain from the consignee and deliver to that Minister or an authorised person; or

(ii) give to that Minister or an authorised person;

as that Minister or authorised person may in a particular case require, an undertaking that the consignee will not:

(iii) re-export the goods from the country specified in the permission to another country; or

(iv) dispose of a property interest in the goods, whether by sale, lease or otherwise, or in any way relinquish possession or control of the goods;

unless approval in writing to that re-export, disposal or relinquishment is granted by that Minister or an authorised person;

(d) that the holder will, if so required by the Minister of State for Defence or an authorised person, specify the procedures followed, or to be followed, by the holder to verify from time to time that the consignee is complying with the undertaking; and

(e) that the holder will, if so required by the Minister of State for Defence or an authorised person, furnish to that Minister or authorised person evidence that the consignee is complying with the undertaking.

“(4) A permission granted under this regulation may specify that the permission may, subject to this regulation, be surrendered in exchange for the granting to the holder of the surrendered permission of another permission (or permissions) to export goods of the kind to which the surrendered permission relates.

“(5) A permission may not be surrendered in accordance with subregulation (4) except with the consent in writing of the Minister of State for Defence or an authorised person.

“(6) Where, in relation to any goods to which this regulation relates:

(a) the Minister of State for Defence or an authorised person grants a permission (or 2 or more permissions) in exchange for a surrendered permission; and

(b) the surrendered permission specifies conditions or requirements to be complied with by the holder of that permission;

the permission (or permissions) so granted may:

(c) omit any goods included in the surrendered permission;

(d) include additional goods, being goods to which this regulation relates; and

(e) vary or modify any condition or requirement.

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

Duration of permission

“13f. (1) The Minister of State for Defence or an authorised person may, by notice published in the Gazette,declare that a permission granted under regulation 13d by that Minister or an authorised person is to cease to have force on and from a day specified in the notice and the permission shall cease to have force on and from that day.

“(2) In this regulation, ‘authorised person’ has the same meaning as in regulation 13d.”.

Schedule 13

3. Schedule 13 to the Principal Regulations is amended by omitting from the description of goods in Column 2 of Item 9 “designed or adapted for warlike purposes”.

Schedule 15

4. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 15Regulation 13e

COUNTRIES SPECIFIED FOR THE PURPOSES OF REGULATION 13e

Column 1	Column 2
Item	Country
1	Afghanistan
2	Albania
3	Bulgaria
4	Czechoslovakia
5	Democratic People’s Republic of Korea
6	German Democratic Republic
7	Hungary
8	Mongolian People’s Republic
9	People’s Republic of China
10	Poland
11	Romania
12	Union of Soviet Socialist Republics
13	Vietnam

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 June 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 No. 97

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