Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020

Administered by Department of Home Affairs

Legislation au F2020L01567 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020

The Customs Act 1901 (the Customs Act) is the legislative authority that sets out the customs requirements for the importation, and exportation, of goods to and from Australia.

Subsection 270(1) of the Customs Act provides, in part, that the Governor-General may make regulations not inconsistent with the Act prescribing all matters, which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act.

Section 112 of the Customs Act provides, in part, that the Governor‑General may, by regulation, prohibit the exportation of goods from Australia and that the power may be exercised by prohibiting the exportation of goods absolutely or by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

On 30 March 2020, a temporary control on the export of goods essential to preventing the spread of COVID-19 was introduced in regulations 13GI and 13GJ of the Customs (Prohibited Exports) Regulations 1958. The measure prohibited the exportation of these essential goods, including disposable face masks and hand sanitizer, to ensure availability of these goods for those with the greatest need in Australia. Several exemptions were included, for example for humanitarian purposes. A further aim of this export control was to dissuade consumers from engaging in widespread bulk purchase for the purpose of export.

The export control applied only when the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 is in force, including where it is extended. The export control successfully met the Government’s objectives by providing a mechanism to combat the diversion of essential goods and reduce profiteering behaviour, while preserving legitimate commercial and humanitarian trade in these goods. Over the past few months, the Australian Border Force has seen a significant reduction in the number of detections of essential goods controlled under regulations 13GI and 13GJ. As the Government’s objectives have been met, the export control should be repealed.

The Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 (the Amendment Regulations) repeal regulations 13GI and 13GJ.

Repealing the export control supports Australian companies that have recalibrated their operations to produce personal protective equipment for domestic and export markets thereby making these products more available in Australia and overseas. Removing the export control provides greater certainty for Australian businesses seeking to export these products and increase business confidence, thereby supporting Australia’s economic recovery. The repeal of the temporary export control assists Australia’s international reputation as a reliable regional and global partner. Relevantly, countries across Europe, Asia and North America have removed their own similar restrictions to help reinvigorate global supply chains.

Formal consultation was not undertaken as evidence supports repeal of the export control which will benefit Australian individuals, businesses and the Australian economy. The Office of Best Practice Regulation advised no Regulation Impact Statement was required.

Details of the Amendment Regulations are set out in Attachment A.

 

A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and is at Attachment B.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Amendment Regulations commence the day after registration.

OPC64974 - A

 

 


ATTACHMENT A

Details of the Customs (Prohibited Exports) Amendment (COVID 19 Export Restrictions Repeal) Regulations 2020

Section 1 – Name of Regulations

This section provides that the title of the Regulations is the Customs (Prohibited Exports) Amendment (COVID 19 Export Restrictions Repeal) Regulations 2020 (the amendment Regulations).

Section 2 – Commencement

This section provides for the Amendment Regulations to commence the day after Registration.

Section 3 – Authority

This section provides that the Amendment Regulations are made under the Customs Act 1901.

Section 4 – Schedules

This section is a machinery clause that enables the Schedule to amend the Customs (Prohibited Exports) Regulations 1958.

Schedule 1 – Amendments

Customs (Prohibited Exports) Regulations 1958

Item 1 – Subregulation 2(1) (definition of ABN)

This item repeals the definition of ABN as this definition is only used in paragraph 13GJ(5)(b), which is repealed by the Amendments Regulations.

Item 2 – Division 7 of Part 3

This item repeals the Division. Division 7 contains regulations 13GI and 13GJ.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The purpose of the Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 (the Regulations) is to amend the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) to repeal the temporary prohibition on the export of essential goods to support the response to COVID-19 introduced on 30 March 2020.

The prohibition applied to exports of essential goods to support the response to COVID-19, including personal protective equipment such as disposable face masks and hand sanitizer.  The aim of the prohibition was to control exports of these goods that limited the availability for those in Australia with the greatest need. The export prohibition further aimed to dissuade consumers from engaging in widespread bulk purchase for the purpose of export. The prohibition provided for a number of exceptions, including for humanitarian purposes.

The prohibition successfully met the Government’s objectives by providing a mechanism to combat the diversion of essential goods and reduce profiteering behaviour, while preserving legitimate commercial and humanitarian trade in these goods. Over the past few months, the Australian Border Force has seen a significant reduction in the number of detections of essential goods.

Repealing the prohibition will support Australian companies that have recalibrated their operations to produce personal protective equipment for domestic and export markets thereby making these products more available in Australia and overseas. Removing the export control will provide greater certainty for Australian businesses seeking to export these products and increase business confidence, thereby supporting Australia’s economic recovery. The repeal of the temporary export prohibition will assist Australia’s international reputation as a reliable regional and global partner. Relevantly, countries across Europe, Asia and North America have removed their own similar restrictions to help reinvigorate global supply chains.

 

Human rights implications

To the extent the goods to which the prohibition applies are required for medical purposes and lower the risk and potential harm to life posed by the COVID-19 virus, the repeal of this prohibition may engage the right to health in Article 12 of International Covenant on Economic, Social and Cultural Rights (ICESCR) and the right to life in Article 6(1) of the International Covenant on Civil and Political Rights.

 

The aim of the temporary export prohibition was to help to ensure the availability of these essential goods to persons in Australia, thereby promoting the right to health and the right to life of those persons.  Since there is now an adequate supply of such goods for persons in Australia, repealing the prohibition will not adversely impact these rights.  Further, these rights may be promoted by the repeal by providing certainty to businesses that manufacture and supply personal protective equipment, making more goods available to persons in Australia and overseas.

 

The repeal may also engage the right to work under Article 6 of the ICESCR. The repeal promotes this right by supporting the businesses that manufacture and supply the essential goods, and therefore the employees of such companies.

 

Conclusion

The Disallowable Legislative Instrument is compatible with human rights.

The Hon Peter Dutton MP

Minister for Home Affairs

 

 

Overview

The Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 were enacted to address the need for repealing temporary export restrictions on essential goods, such as personal protective equipment and hand sanitiser, which were introduced in response to the COVID-19 pandemic. These regulations, made under the Customs Act 1901, aim to ensure the availability of essential goods for those with the greatest need within Australia, while also supporting the economic recovery by allowing Australian businesses to increase the production and export of these goods. The repeal of the temporary export control is in line with the Government's objectives to combat the diversion of essential goods, reduce profiteering behaviour, and support legitimate commercial and humanitarian trade. The decision to repeal was made based on the successful implementation of the export control, evidenced by a significant reduction in the number of detections of essential goods. The repeal also aims to enhance Australia’s international reputation as a reliable regional and global partner by aligning with similar restrictions removals by other countries. The Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 were issued by the Minister for Home Affairs and are designed to amend the Customs (Prohibited Exports) Regulations 1958 by repealing the temporary prohibition on the export of essential goods introduced on 30 March 2020. The policy objective is to support the economic recovery by allowing Australian businesses to increase production and export of essential goods, thereby making these products more available both domestically and internationally. The repeal of the export control is based on the successful implementation of the export restrictions, which met the Government’s objectives by controlling the diversion of essential goods and reducing profiteering behaviour. The decision to repeal was made in consultation with the Office of Best Practice Regulation, which advised that a Regulation Impact Statement was not required. The repeal is also intended to assist Australia’s international reputation as a reliable regional and global partner by aligning with similar restrictions removals by other countries.

Scope and Application

The Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 applies to the repeal of specific regulations under the Customs (Prohibited Exports) Regulations 1958, namely regulations 13GI and 13GJ, which were introduced to temporarily prohibit the export of essential goods to combat the diversion of these goods and to reduce profiteering behaviour during the COVID-19 pandemic. These regulations applied to all entities and individuals involved in the export of the specified goods, including personal protective equipment such as disposable face masks and hand sanitizer, from Australia. The repeal of these regulations is intended to support Australian companies that have adjusted their operations to produce these essential goods, thereby increasing their availability in both domestic and international markets. The Amendment Regulations cover the entire Commonwealth of Australia, as they are made under the authority of the Customs Act 1901. There are no stated exclusions or exemptions in the Amendment Regulations; however, the repealed regulations included several exemptions for humanitarian purposes and other legitimate trade activities. The Amendment Regulations themselves do not extend or restrict the application of the Customs Act, but they operate within its framework by repealing the specified export restrictions. The repeal of these regulations is effective immediately upon registration and supports Australia's economic recovery and its reputation as a reliable global partner, as similar restrictions have been lifted by other countries to facilitate global supply chains.

Key Provisions

The Customs (Prohibited Exports) Amendment (COVID-19 Export Restrictions Repeal) Regulations 2020 (the Amendment Regulations) primarily repeal the temporary prohibition on the export of certain essential goods, which was initially introduced under regulations 13GI and 13GJ of the Customs (Prohibited Exports) Regulations 1958. The original prohibition was implemented on 30 March 2020 to control the export of goods such as disposable face masks and hand sanitiser, to ensure availability of these goods for Australians in need during the COVID-19 pandemic. The Amendment Regulations, pursuant to section 112 of the Customs Act 1901, remove these export controls as the initial objectives have been met. This repeal supports Australian businesses that have adjusted their operations to produce personal protective equipment for both domestic and international markets, thereby increasing the availability of these goods and supporting economic recovery. The Amendment Regulations impose obligations on entities and individuals previously subject to the export restrictions. Under the repealed regulations, entities and individuals were required to comply with specific conditions and restrictions governing the export of controlled goods. With the repeal of these regulations, those previously subject to the restrictions are now free to export the controlled goods, provided they comply with any other applicable customs requirements under the Customs Act. This change aims to reduce regulatory burdens and provide greater flexibility and certainty to businesses involved in the production and export of personal protective equipment. Breach of the original export prohibition regulations could have resulted in significant civil and criminal penalties. Specifically, contravention of regulations 13GI and 13GJ could have led to fines up to $22,200 per breach for individuals and $111,000 for corporations, as well as potential imprisonment for serious offences. However, with the repeal of these regulations, there are no longer any specific offences related to the export of the previously controlled goods. Nevertheless, entities and individuals must still comply with general customs requirements and other applicable laws, which could still result in penalties if breached. The repeal of the export restrictions is intended to support Australia's international reputation as a reliable partner by aligning with global efforts to reinvigorate supply chains. Countries across Europe, Asia, and North America have also removed similar export restrictions, facilitating the resumption of international trade. The Amendment Regulations, therefore, aim to contribute to a more stable and predictable international trade environment, benefiting not only Australian businesses but also global economic recovery efforts.

Legal classification tags

Area of Law
Customs Law
Instrument
Regulation
Concepts
Regulatory Standards
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

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.