Customs Amendment (Military End-Use) Act 2012

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Legislation au C2012A00152 In force Act

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Customs Amendment (Military End‑Use) Act 2012

 

No. 152, 2012

 

 

 

 

 

An Act to amend the Customs Act 1901, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Customs Act 1901

 

 

 

Customs Amendment (Military End-Use) Act 2012

No. 152, 2012

 

 

 

An Act to amend the Customs Act 1901, and for related purposes

[Assented to 13 November 2012]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Amendment (Military End‑Use) Act 2012.

2  Commencement

  This Act commences on the day after this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Customs Act 1901

1  After Division 1 of Part VI

Insert:

Division 1AA—Export of goods for a military end‑use

112BA  Notice prohibiting export

 (1) If:

 (a) the Defence Minister suspects that, if a person (the first person) were to export particular goods to a particular place or to a particular person, the goods would or may be for a military end‑use that would prejudice the security, defence or international relations of Australia; and

 (b) the goods are not prohibited exports under section 112;

the Defence Minister may give the first person a notice prohibiting the first person from exporting the goods to the particular place or particular person.

Note: Section 112BB deals with giving notices under this section.

Reasons for notice

 (2) A notice given to a person under subsection (1) must set out the Defence Minister’s reasons for giving the notice.

 (3) The notice must not disclose any reasons whose disclosure the Defence Minister believes would prejudice the security, defence or international relations of Australia.

 (4) If reasons are not disclosed in a notice under subsection (1) because of subsection (3), that fact must be stated in the notice.

Period notice in force

 (5) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. This subsection is subject to subsection (7).

 (6) A notice given to a person under subsection (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier.

Later notices

 (7) A notice may be given to a person under subsection (1) while an earlier notice given to the person under subsection (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force.

 (8) Subsection (7) does not prevent a notice being given to a person under subsection (1) after an earlier notice given to the person under subsection (1) ceases to be in force.

Notice not a legislative instrument

 (9) A notice under subsection (1) is not a legislative instrument.

Revoking a notice

 (10) The Defence Minister may, by writing, revoke a notice given to a person under subsection (1).

 (11) The Defence Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.

Note: Section 112BB deals with giving notices under this section.

Offence

 (12) A person commits an offence if:

 (a) the person exports goods to a particular place or particular person; and

 (b) the export contravenes a notice that is in force under subsection (1); and

 (c) the person knows of the contravention.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Definition

 (13) In this section:

military end‑use: goods are or may be for a military end‑use if the goods are or may be for use in operations, exercises or other activities conducted by an armed force or an armed group, whether or not the armed force or armed group forms part of the armed forces of the government of a foreign country.

112BB  How notices are to be given

 (1) A notice given to a person under section 112BA must be given by one of the methods prescribed by the regulations.

 (2) If a notice is given to a person under section 112BA by one of those methods, then, for the purposes of this Act, the person is taken to have received the notice at the time prescribed by, or worked out in accordance with, the regulations.

 (3) This section has effect despite any provision in the Electronic Transactions Act 1999.

112BC  Statement to Parliament

  As soon as practicable after the end of each financial year, the Defence Minister must cause a statement to be tabled in each House of the Parliament about the exercise of the Defence Minister’s powers under this Division during that year (whether or not the statement is part of an annual report).

2  Subsection 183UA(1) (paragraph (b) of the definition of special forfeited goods)

Omit “or (n)”, substitute “, (n) or (na)”.

3  After paragraph 229(1)(n)

Insert:

 (na) All goods that are the subject of a notice under subsection 112BA(1) and are put on any ship or aircraft for export or are brought to any wharf or place for the purpose of export.

 [Minister’s second reading speech made in—

House of Representatives on 2 November 2011

Senate on 22 November 2011]

(224/11)

 

Overview

The Customs Amendment (Military End-Use) Act 2012 was enacted by the Parliament of Australia to address the need for more stringent controls over the export of goods that might be used for military purposes in ways that could prejudice Australia's security, defence, or international relations. This Act amends the Customs Act 1901 by inserting a new Division that provides the Defence Minister with the authority to issue notices prohibiting the export of specific goods to particular destinations or recipients if there is a suspicion that these goods could be used for a military end-use. The policy objective behind this Act is to enhance the regulatory framework governing exports, ensuring that sensitive goods do not fall into the wrong hands and potentially threaten national security. The Act also mandates the Defence Minister to report to Parliament annually on the exercise of these powers, thereby maintaining transparency and accountability in the implementation of these measures.

Scope and Application

The Customs Amendment (Military End-Use) Act 2012 amends the Customs Act 1901 to introduce provisions related to the export of goods that are suspected to be for military use, which could potentially prejudice Australia’s security, defence, or international relations. This Act applies to any person suspected of exporting goods for such a military end-use, which is defined as goods that may be used in operations, exercises, or activities conducted by an armed force or armed group, regardless of whether that group is part of a foreign government's armed forces. The Act extends to the entire Commonwealth of Australia and is designed to ensure that the Defence Minister can take appropriate action to prevent the export of goods that might be used in ways detrimental to Australia’s interests. The Act also mandates that notices prohibiting such exports be given to the relevant person, with certain restrictions on the disclosure of reasons for the prohibition if such disclosure might compromise national security. Additionally, the Act stipulates penalties for contravening these prohibitions, including significant fines and imprisonment. This legislation does not apply to goods already classified as prohibited exports under the existing provisions of the Customs Act 1901.

Key Provisions

The Customs Amendment (Military End-Use) Act 2012 introduces new provisions to the Customs Act 1901, particularly focusing on the export of goods that may be intended for military end-use. Under Section 112BA, the Defence Minister has the authority to issue a notice prohibiting the export of specific goods if there is a suspicion that such exports could harm Australia’s security, defence, or international relations. This provision allows the Defence Minister to issue a notice even if the goods are not classified as prohibited exports under Section 112 of the Customs Act 1901. The notice must detail the reasons for the prohibition, though sensitive information that could compromise national security is exempted (Section 112BA(3)-(4)). The notice comes into effect upon receipt by the recipient and can remain in force for up to 12 months, with the possibility of subsequent notices being issued during the same period (Section 112BA(5)-(8)). Additionally, Section 112BB outlines the prescribed methods for delivering such notices, and these notices are not considered legislative instruments (Section 112BA(9)). The Act imposes several obligations on the parties involved. Firstly, the Defence Minister must provide detailed reasons for issuing a prohibition notice, ensuring transparency while safeguarding sensitive information (Section 112BA(2)-(4)). The Defence Minister also has the power to revoke a notice at any time and must inform the recipient of such revocation (Section 112BA(10)-(11)). Furthermore, the Defence Minister is required to report annually to Parliament on the use of these powers (Section 112BC). For the recipients, the primary obligation is to comply with any prohibition notices issued to them, and failure to do so can result in severe penalties (Section 112BA(12)). Breach of the provisions in this Act carries significant consequences. According to Section 112BA(12), any person who knowingly exports goods in contravention of a prohibition notice commits an offence. The penalties for such an offence include imprisonment for up to 10 years, a fine of up to 2,500 penalty units, or both (Section 112BA(12)). Additionally, the Act defines 'military end-use' as goods intended for use in operations, exercises, or activities conducted by armed forces or armed groups, whether or not they are part of a foreign government’s armed forces (Section 112BA(13)). These provisions ensure that any export that could potentially compromise Australia’s national security is strictly controlled and penalised.

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Area of Law
Customs Law
National Security Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.