Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6)

Overview

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6) were introduced to address the specific requirements of the multinational force established under United Nations Security Council Resolution 1272 (1999) for East Timor. Enacted by the Minister for Justice and Customs under the authority of the Customs Act 1901, these regulations aim to facilitate the exportation of certain military goods from Australia to forces contributing to the multinational peacekeeping effort in East Timor. The primary objective is to amend the existing Customs (Prohibited Exports) Regulations 1958 to permit the export of otherwise prohibited or restricted items, such as weapons and items of warfare for defence forces, and handguns, parts of handguns, and ammunition for police forces of participating countries, while ensuring compliance with the overarching policy of controlling the exportation of sensitive materials.

Scope and Application

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6) amend the Customs (Prohibited Exports) Regulations 1958, which control the exportation of goods specified in the regulations or the schedules. The amendments primarily aim to facilitate the exportation of certain goods by defence and police forces of countries contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) for East Timor. Specifically, the regulations permit the exportation of weapons, items of warfare, handguns, parts of handguns, and ammunition, which would otherwise be prohibited or restricted under the Prohibited Exports regulations. These amendments apply to entities such as defence and police forces of participating countries, with a focus on the exportation of specified items for operational purposes in East Timor. The changes commenced upon gazettal and are applicable nationally within Australia, with no exclusions or exemptions specified in the regulations themselves, although compliance with the conditions set by the regulations is mandatory for the specified entities and goods. The regulations may be further extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6) primarily modify the Customs (Prohibited Exports) Regulations 1958, altering the conditions under which certain goods can be exported from Australia. Specifically, these amendments are made to regulation 13E (Schedule 1, items 2 and 4). Regulation 13E pertains to the exportation of goods that are otherwise prohibited or restricted under the regulations. The amendments are designed to facilitate the export of weapons and items of warfare, as well as handguns, parts of handguns, and ammunition, for the use of defence and police forces from countries participating in the multinational force established under United Nations Security Council Resolution 1272 (1999) for East Timor. The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6) impose specific obligations on parties or entities seeking to export the goods specified in the amended regulations. Defence and police forces from countries contributing to the multinational force in East Timor must ensure that the export of the specified goods adheres to the conditions outlined in the amended regulations. This includes providing any necessary documentation or authorisations required under the regulations to facilitate the exportation process. Furthermore, these forces must ensure that the goods are intended for legitimate and authorised purposes as per the provisions of the United Nations Security Council Resolution 1272 (1999). The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6) do not explicitly state specific offences, penalties, or consequences for breach of the regulations. However, any breach of the Customs Act 1901 or its regulations, including the amended provisions, could lead to enforcement actions by the Australian Customs and Border Protection Service. Potential consequences for non-compliance may include the seizure of goods, fines, and other penalties as prescribed under the Customs Act 1901. The severity of penalties may vary depending on the nature and extent of the breach, and could include both civil and criminal sanctions as determined by the relevant authorities.