Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4)

Overview

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4), issued under the authority of the Minister for Justice and Customs, were enacted to address specific needs related to the exportation of certain goods, weapons, and warfare items by additional defence forces. These regulations were introduced to facilitate the exportation of items by defence forces participating in a multinational force established under United Nations Security Council Resolution 1264 (1999), thus ensuring compliance with international obligations while maintaining control over sensitive exports from Australia. By amending the Customs (Prohibited Exports) Regulations 1958, the new regulations allow for the specified exportation of restricted items under defined conditions, aligning with the policy objective of supporting international peacekeeping efforts while preserving national security interests.

Scope and Application

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4) amend the Customs (Prohibited Exports) Regulations 1958, providing flexibility and specific permissions for the export of certain goods, weapons, and warfare items. These regulations apply to entities such as defence forces participating in a multinational force established under United Nations Security Council Resolution 1264 (1999), allowing them to export specified items that would otherwise be prohibited or restricted. The geographic reach of these regulations is national, affecting all entities within Australia that fall under the specified conditions. The amendments introduced in these regulations ensure that the export of the specified items is facilitated while maintaining compliance with the overarching framework of the Customs Act 1901. The regulations commenced on gazettal, providing immediate effect to the changes introduced.

Key Provisions

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4) primarily amend existing regulations to allow certain defence forces to export specified goods, weapons, and warfare items from Australia, which were previously prohibited or subject to restrictions (Regulation 3, Schedule 1, Item 2). These regulations introduce additional defence forces that can now export these items if they are participating in a multinational force established under United Nations Security Council Resolution 1264 (1999). Furthermore, the regulations correct a minor technical error in the terminology used in the original regulation (Schedule 1, Item 1). These regulations impose specific obligations on defence forces and authorised personnel who wish to export the aforementioned goods, weapons, and warfare items. They must ensure compliance with the newly established conditions and restrictions set out in the amended regulation 13E. Defence forces must also adhere to any additional conditions or requirements specified by the Minister or an authorised person in relation to the exportation of these items. The regulations mandate that any exports must be carried out in accordance with the provisions of the Customs Act 1901 and the Customs (Prohibited Exports) Regulations 1958. Failure to comply with the provisions of these regulations may result in both civil and criminal consequences. Under section 195 of the Customs Act 1901, a person who contravenes any provision of the Act or the regulations may be liable for a penalty of up to $22,200 for an individual and $111,000 for a body corporate. In addition, under section 283 of the Act, a person who is found guilty of an offence may also be subject to imprisonment for up to two years. It is essential for defence forces and authorised personnel to ensure full compliance with these regulations to avoid any potential penalties or legal repercussions.