Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7)

Administered by Attorney-General's Department

Legislation au F1999B00337 Regulations Not in force Legislative Instrument

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Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7) 1999 No. 331

EXPLANATORY STATEMENT

STATUTORY RULES 1999 No. 331

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7)

Section 112 of the Customs Act 1901 ("the Act") provides in part that:

"(1)       The Governor-General may, by regulation, prohibit the exportation of goods from

       Australia.

(2)       The power conferred by subsection 1 may be exercised - (c) by prohibiting the

       exportation of goods unless specified conditions or restrictions are complied

       with.

The Customs (Prohibited Exports) Regulations 1958 ("the Regulations") control the exportation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or an authorised person.

Under the provisions of Regulation 5(2) and Schedule 3) of the Regulations, the export of wheat from Australia is prohibited without the approval of the Minister for Agriculture, Fisheries and Forestry or an authorised officer.

The purpose of the Regulations is to amend regulation 5 so that it will not apply to wheat exported by AWB (International) Ltd (proposed item 2). This company holds the export monopoly under the Wheat Marketing Act 1989 ("WMA") and has been designated as nominated company B within the meaning of the WMA. The Regulations also correct references in Regulation 5 to the Minister for Agriculture. Fisheries and Forestry.

In the past, wheat export monopoly and control arrangements were given to the former Australian Wheat Board (AWB) by the Wheat Marketing Act 1989 (the WMA).

On 1 July 1999 statutory wheat marketing under the WMA ceased and the arrangements were privatised through a grower owned and controlled company, AWB Ltd, and its wholly owned subsidiaries.

At the same time. export monopoly rights for wheat were given to AWB (International) Ltd, the subsidiary of AWB Ltd with responsibility for pool marketing of wheat. These export arrangements are now oversighted by a Wheat Export Authority (WEA) which can also issue consents to other persons applying to export wheat. The WEA is a statutory body operating under the WMA, independent from AWB (International) Ltd.

The restriction under the Regulations on the export of wheat was originally put in place to support the wheat export monopoly and related control arrangements by the former AAT. The continued inclusion of wheat in the regulations provides a back-up mechanism to prevent wheat being exported where a consent from the WEA has not been issued.

However, because AWB (International) Ltd does not need the approval of the WEA to export wheat, since it holds the export monopoly under the WMA, there is no reason why the company should be subject to the regulations in respect of its wheat exports.

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal

ATTACHMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7)

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Exports) Regulations 1958

Regulation 3 provides for the Regulation to be amended as set out in Schedule 1.

Schedule 1 - Amendment

Item 2 of Schedule 1 - amendment of regulation 5, exportation of goods specified in Schedule 3.

Item 2 of Schedule 1 amends regulation 5 so that it does not apply to the export of wheat by the company that is nominated company B within the meaning of the Wheat Marketing Act 1989.

Nominated company B is AWB (International) Ltd.

In the past, wheat export monopoly and control arrangements were given to the former Australian Wheat Board (AWB) by the neat Marketing Act 1989 (the WMA).

On 1 July 1999 statutory wheat marketing under the WMA ceased and the arrangements were privatised through a grower owned and controlled company, XWB Ltd, and its wholly owned subsidiaries.

At the same time. export monopoly rights for wheat were given to AWB (International) Ltd, the subsidiary of AWB Ltd with responsibility for pool marketing of wheat. These export arrangements are now oversighted by a Wheat Export Authority (WEA) which can also issue consents to other persons applying to export wheat. The WEA is a statutory body operating under the WMA, independent from AWB (International) Ltd.

The restriction under the Regulations on the export of wheat was originally put in place to support the wheat export monopoly and related control arrangements by the former AWB. The continued inclusion of wheat in the regulations provides a back-up mechanism to prevent wheat being exported where a consent from the WEA has not been issued.

However, because AWB (International) Ltd does not need the approval of the WEA to export wheat, since it holds the export monopoly under the WMA, there is no reason why the company should be subject to the regulations in respect of its wheat exports.

Items 1 and 3 of Schedule 1 - Various amendments of terminology used in regulation 5, exportation of goods specified in Schedule 3.

Item 1 Schedule 1 is a technical amendment to correct the references to the Minister for Agriculture, Fisheries and Forestry.

Item 3 Schedule 1 is a technical amendment to update the terms of reference of the regulation.

 

Overview

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7) were introduced to address the need to update the export control mechanisms for wheat following the privatisation of wheat marketing arrangements under the Wheat Marketing Act 1989. Enacted by the Parliament of Australia under the authority of the Minister for Justice and Customs, these amendments seek to refine the regulatory framework governing the exportation of certain goods, specifically wheat, from Australia. The primary policy objective of these regulations is to ensure that the export of wheat is appropriately managed, aligning with the new privatised structure while maintaining necessary controls to prevent unauthorised exports. This includes exempting AWB (International) Ltd, the designated company responsible for wheat exports, from the stringent export prohibitions that applied to other entities, thereby streamlining the regulatory process without compromising the integrity of wheat export controls.

Scope and Application

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7) amends the Customs (Prohibited Exports) Regulations 1958 by exempting AWB (International) Ltd, the designated entity under the Wheat Marketing Act 1989, from the export restrictions on wheat. These regulations apply to the Commonwealth of Australia and specifically target the exportation of goods, with a focus on wheat. The primary change is the removal of the requirement for AWB (International) Ltd to obtain approval from the Minister for Agriculture, Fisheries and Forestry or an authorised officer for the export of wheat, as the company already holds the export monopoly under the Wheat Marketing Act 1989. This amendment ensures that the regulatory framework aligns with the current privatised arrangements for wheat export, overseen by the Wheat Export Authority, while maintaining a backup mechanism to prevent unauthorised wheat exports. The regulations also include technical amendments to correct terminology and update references within the regulation.

Key Provisions

The Customs (Prohibited Exports) Amendment Regulations 1999 (No. 7) (the Regulations) amend the Customs (Prohibited Exports) Regulations 1958 (the Original Regulations). The primary operative section, section 3, mandates that regulation 5 of the Original Regulations be amended as detailed in Schedule 1. Specifically, Item 2 of Schedule 1 exempts AWB (International) Ltd, designated as "nominated company B" under the Wheat Marketing Act 1989, from the requirement to obtain approval from the Minister for Agriculture, Fisheries and Forestry or an authorised officer for the export of wheat. This exemption recognises the company's monopoly over wheat exports under the Wheat Marketing Act 1989, which makes the regulatory approval unnecessary. Items 1 and 3 of Schedule 1 involve technical amendments to correct references to the Minister for Agriculture, Fisheries and Forestry and update the terminology of the regulation. The Regulations impose specific obligations on parties involved in the export of wheat. For AWB (International) Ltd, the key obligation is the exemption from needing ministerial approval for wheat exports, provided they comply with the Wheat Marketing Act 1989. The Wheat Export Authority (WEA) retains the authority to oversee wheat exports by other entities, ensuring that the export of wheat without a WEA consent is prohibited unless exempted by these Regulations. The Wheat Marketing Act 1989 governs the export activities of AWB (International) Ltd, including any conditions or restrictions on wheat exports. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches within the text provided. However, the overarching Customs Act 1901 and the Wheat Marketing Act 1989 may provide for penalties in the event of non-compliance with export regulations. Typically, penalties for breaches of customs regulations can include fines and imprisonment, with the exact penalties depending on the severity and nature of the breach. Similarly, violations of the Wheat Marketing Act 1989 may also incur fines or other penalties as stipulated by that Act. The precise penalties would need to be examined within the context of the broader legislative framework.

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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.