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

Statutory Rules

1978 No. 277

REGULATIONS UNDER THE CUSTOMS ACT 1901*

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 this twenty-second day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(SGD) WAL FIFE

Minister of State for Business and Consumer Affairs

—––––––

AMENDMENTS OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 

Prohibition against export of minerals, petroleum, &c.

1. Regulation 9 of the Customs (Prohibited Exports) Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation;

“ (1) In this regulation—

(a) a reference to the Minister shall be read as a reference to the Minister of State for Trade and Resources;

(b) a reference to an authorized person shall be read as a reference to a person authorized in writing by the Minister to exercise the powers of the Minister under this regulation; and

(c) a reference, in relation to a permission granted for the purposes of sub-regulation (3), to a condition or requirement to be complied with by the holder of the permission shall be read as a reference to a condition or requirement to be complied with by the person who is the holder of the permission at the time the goods to which the permission relates are exported.”;

  

* Notified in the Commonwealth of Australia Gazette on 29 December 1978.

Statutory Rules 1958, No. 5 as amended to date. For previous amendments of the Customs (Prohibited Exports) Regulations see footnote   to Statutory Rules 1978, No. 14 and see also Statutory Rules 1978, Nos. 14, 58 and 59.

17657/77 Cat. No.—Recommended retail price 15c 10/17.11.1978

(b) by omitting from sub-regulation (2) “ The following goods are goods to which this regulation applies:— ” and substituting “ This regulation applies to the following goods, other than any such goods that are specified in, or included in a class of goods specified in, the Ninth Schedule:”; and

(c) by omitting sub-regulation (3) and substituting the following sub-regulations:

“ (3) The exportation from Australia of goods to which this regulation applies is prohibited unless—

(a) a permission in writing to export the goods or a class of goods in which the goods are included has been granted, by the Minister or an authorized, person; and

(b) the permission is produced to the Collector.

“ (3a) A permission granted for the purposes of sub-regulation (3) (not being a permission so granted in exchange for a permission surrendered in accordance with sub-regulation (3b)) may specify, and. a permission granted for the purposes of sub-regulation (3) in exchange for a permission surrendered in. accordance with sub-regulation (3b) shall specify, that the permission may, subject to this regulation, be—

(a) assigned; or

(b) surrendered in exchange for the granting to the holder of the surrendered permission of another permission or other permissions to export goods of the same kind as the goods to which the surrendered permission relates.

“ (3b) Where a permission so specifics that the permission may be assigned or surrendered, the permission may be so assigned or surrendered only with the consent, in writing of the Minister or an authorized person.

“ (3c) A permission referred to in sub-regulation (3b) may be assigned as provided by that sub-regulation notwithstanding that the permission has previously been assigned as provided by that sub-regulation.

“ (3d) A consent in writing under sub-regulation (3b) to the assignment of a permission shall be endorsed on or annexed to the permission.

“ (3e) A permission granted for the purposes of sub-regulation (3) 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 the 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 shall be complied with by the holder.

“ (3f) Where, in relation to the proposed assignment of a permission, being a permission that specifies conditions or requirements to be complied with by the holder of the permission, the Minister or an authorized person is of the opinion that any such condition or requirement is incapable of applying, or of applying without variation or modification, to the proposed assignee, the Minister or authorized person may, by writing endorsed on or annexed to the permission at the time of the giving of his consent to the assignment—

(a) omit that condition or requirement;

(b) vary or modify that condition or requirement to enable it to apply in relation to the assignee; of

(c) omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission.

“ (3g) Where—

(a) the Minister or an authorized 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 the permission,

the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission—

(c) such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification, as the Minister or authorized person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and

(d) such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorized person may determine.

“ (3h) The Minister or an authorized person shall not unreasonably refuse—

(a) to grant a permission for the purposes of sub-regulation (3); or

(b) to consent to the assignment or surrender of a permission referred to in sub-regulation (3b).

“ (3j) Where—

(a) a permission granted for the purposes of sub-regulation (3) is subject to a condition or requirement to be complied with by a person; and

(b) the person fails to comply with the condition or requirement,

the Minister or an authorized person may revoke the permission, whether or not the person is charged with an offence against sub-section 112 (2b) of the Act in respect of the failure to comply with the condition or requirement.”.

Saving

2. An approval in writing to the exportation of goods issued by the Minister of State for Trade and Resources or an authorized person for the purposes of sub-regulation 9 (3) of the Customs (Prohibited Exports) Regulations as in force immediately before the commencement of these Regulations shall, for the purposes of regulation 9 of the Customs (Prohibited Exports) Regulations as amended by these Regulations, be deemed to be a permission in writing to export the goods granted by that Minister or an authorized person, as the case may be, for the purposes of sub-regulation (3) of that regulation as so amended.

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