Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1) 2000 No. 211
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 211
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1)
Section 270 of the Customs Act 1901 (the 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 for giving effect to the Act.
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 the last preceding subsection may be exercised - (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of paragraph (2)(c), the regulations -(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ...
The Customs (Prohibited Exports) Regulations 1958 (PE 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.
The purpose of the Regulations is to amend the PE Regulations to
* prohibit the exportation of toothfish, specified in new regulation 6 and Schedule 4;
* strengthen the control over export of uranium; and
* modify the prohibition on the exportation of two substances in Schedule 8, Part 3 when occurring naturally as a component of the herb tribulus terrestris.
Items 1 and 6 of the Regulations insert new regulation 6 and new Schedule 4, to prohibit the exportation of two species of fish commonly known as Patagonian toothfish and Antarctic toothfish, unless the permission in writing of the Minister administering the Fisheries Administration Act 1991 or an authorised person is obtained and presented to the Collector. These amendments have been sought by the Minister for Agriculture, Fisheries and Forestry to implement the outcome of the Commission for the Conservation of Antarctic Marine Living Resources as it applies to these toothfish in sub-Antarctic waters. The Australian Fisheries Management Authority (AFMA) will be responsible for administering the provision of permissions for exportation of toothfish.
Items 2, 3, 4, 5, 7 and 9 amend the PE regulations by moving the Items of Schedule 9, source material and special fissionable Material, to Schedule 7. It further amends regulation 9 by referring only to Schedule 7, removing reference to Schedule 9 and omitting regulation 11 and Schedule 9. The amendments will allow the continued exportation of the goods mentioned in Schedule 7 on receipt of the written permission of the Minister or an authorised person and where that permission is produced to the Collector. These amendments are designed to strengthen the control over the export of uranium. This will provide a clearer mechanism for the application of conditions for export and creates a clearer process for the imposition of penalties than that currently provided under Regulation 11. The contents of Schedule 9 have been transferred unchanged to Schedule 7.
Item 8 of the Regulation amends Items 13 and 14 of Schedule 8 Part 3 Drugs the exportation of which is prohibited if specified conditions, restrictions or requirements are not complied with, by modifying the prohibition on the exportation of the substances Harmaline, item 13 and Harmine, item 14, where they occur naturally as a component of the herb tribidus terrestris. The herb tribilus terrestris contains trace elements of harmaline and harmine and is approved for use in non-prescription medicines by the Therapeutic Goods Administration (TGA). There are currently 67 products containing the herb listed in the Australian Register of Therapeutic Goods for supply as complementary medicines.
The substances harmaline and harmine are not subject to the requirements of the United Nations Conventions controlling narcotic drugs, psychotropic substances or precursor chemicals.
The regulations commenced on gazettal.
The regulations are explained in greater detail in the attachment.
ATTACHMENT
Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1)
Regulation 1 - Name of regulations
Regulation 1 provides for the regulations to be named the Customs (Prohibited Exports) Amendment Regulations 2000 (No. 1).
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 regulations to be amended as set out in Schedule 1.
Schedule 1 - Amendment
Items 1 and 6 of Schedule 1 - new regulation 6 and schedule 4 exportation of goods specified in Schedule 4 (toothfish).
Items 1 and 6 of the Regulations insert new regulation 6 and new Schedule 4, to prohibit the exportation of two species of fish commonly known as Patagonian toothfish and Antarctic toothfish, unless the permission in writing of the Minister administering the Fisheries Administration Act 1991 or an authorised person is obtained and presented to the Collector.
These amendments to the PE Regulations have been sought by the Minister for Agriculture, Fisheries and Forestry to implement the outcome of the Commission for the Conservation of Antarctic Marine Living Resources as it applies to these toothfish in sub-Antarctic waters. The Australian Fisheries Management Authority (AFMA) will be responsible for administering the provision of permissions for exportation of toothfish.
Items 2, 3, 4, 5, 7 and 9 of Schedule 1 - Amends regulations 9 to include the Items of Schedule 9 which is omitted.
The regulations omit regulation 11 and Schedule 9 but move the Items of Schedule 9, source material and special fissionable material, to Schedule 7. They further amend regulation 9 by referring only to Schedule 7 and omitting reference to Schedule 9.
These amendments to the PE regulation have been sought by the Minister for Industry, Science and Resources to strengthen the control over the exports of uranium. This will provide a clearer mechanism for the application of conditions for export and creates a clearer process for the imposition of penalties than that currently provided under Regulation 11. The contents of Schedule 9 have been transferred unchanged to Schedule 7.
The amendments continue to allow the exportation of the goods mentioned in Schedule 7 on receipt of the written permission of the Minister or an authorised person and where that permission is produced to the Collector. This amendment also permits the assignment, surrender or exchange of the granted permission and the imposition of fines for non compliance with the conditions of the permission.
Item 8 of Schedule 1 - Amends Schedule 8 Part 3, Drugs the exportation of which is prohibited if specified conditions, restrictions or requirements are not complied with.
Item 8 of the Regulation amends Items 13 and 14 of Schedule 8 Part 3 by modifying the prohibition on the exportation of the substances Harmaline, item 13 and Harmine, item 14, where they occur naturally as a component of the herb tribilus terrestris.
Both harmaline and harmine are controlled substances and are currently prohibited exports.
The herb tribilus terrestris contains trace elements of harmaline and harmine and is approved for use in non-prescription medicines by the Therapeutic Goods Administration (TGA). There are currently 67 products containing the herb listed in the Australian Register of Therapeutic Goods for supply as complementary medicines.
The substances harmaline and harmine are not subject to the requirements of the United Nations Conventions controlling narcotic drugs, psychotropic substances or precursor chemicals.
The Parliamentary Secretary to the Minister for Health and Aged Care has sought this amendment to the PE regulations.