Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2)

Administered by Attorney-General's Department

Legislation au F2000B00224 Regulations Not in force Legislative Instrument

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Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2) 2000 No. 212

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 212

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2)

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 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:

* permit the exportation of certain prohibited goods which have been lawfully imported by sky marshals.

During the Olympic Games, it is possible that foreign countries may wish to deploy "sky marshals" on flights to Australia. A "sky marshal" is a person who provides protection to the passengers and crew of an aircraft generally or to particular passengers such as heads of State or other dignitaries against a variety of security threats, including terrorism. These duties may require the sky marshal to be armed with a variety of weapons, including firearms, knives and anti-personnel sprays. Sky marshals will also usually wear protective clothing.

The importation of these goods into Australia is prohibited. The Customs (Prohibited Imports) Regulations 1956 have been amended to permit the limited importation of certain prohibited goods (principally firearms and a number of other weapons) by sky marshals in the course of their duties. These amendments require that the goods are surrendered to Customs for safe-keeping. The exportation of such goods is also restricted. To enable these goods to be lawfully exported by sky marshals when departing Australia, amendments were required to the PE Regulations.

The regulations commenced on gazettal.

The regulations are explained in greater detail in the attachment.

Authority: Sections 112 and 270 of the Customs Act 1901

ATTACHMENT

Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2)

Regulation 1 - Name of regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2).

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 - Amendments

Item 1 - Subregulation 13E(1), before definition of authorised person

Item 2 - Subregulation 13E(1), after definition of defence and strategic goods list

Items 1 and 2 inserts three new definitions into regulation 13E.

The first defines "airline" to mean a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered services.

"Authorised officer" is defined to mean an officer of Customs authorised in writing by the CEO to be an authorised officer for the purposes of this regulation.

Finally, "sky marshal" is defined to mean a person who travels on an aircraft to provide security for its passengers or crew and is employed or engaged by:

*       the Government of a foreign country; or

*       an agency of the Government of a foreign country; or

*       an airline.

Item 3 - Subparagraph 13E(2)(d)(iv)

Item 3 of Schedule 1 amends subparagraph 13E(2)(d)(iv) by omitting the word "list." and inserting the words "list; or" to indicate that a new sub-paragraph is being added.

Item 4 - After paragraph 13E(2)(d)

Item 4 inserts a new paragraph in subregulation 13E(2). Subregulation 13E(2) provides that the exportation from Australia of goods specified in the defence and strategic goods list is prohibited unless one of the exceptions in paragraphs (a) - (c) is satisfied. This item adds a new exception to the prohibition on exportation. The defence and strategic goods list is a list formulated and published by the Minister for Defence Industry, Science and Personnel under paragraph 112(2A)(aa) of the Act. Many of the goods which may be imported by sky marshals are specified on the defence and strategic goods list and therefore, their exportation is prohibited.

The exception applies generally to goods specified in the defence and strategic goods list and requires that the following conditions are satisfied for the exportation of the goods:

*       the goods were last imported into Australia by a sky marshal in the course of his or her duties;

*       there is an agreement in force between the relevant foreign Government and Australia regarding such importations;

*       immediately after the goods were imported, they were surrendered to an authorised officer; and

*       the goods are exported from Australia by a sky marshal representing that foreign country within 3 months from the date of importation.

This last criterion ensures that the goods may be exported by any of the foreign country's sky marshals and not necessarily by the particular sky marshal who imported the goods.

Item 5 - After subregulation 13E(2)

Item 5 inserts new subregulation 13E(2AA). New subregulation (2AA) sets out when a sky marshal is to be taken to represent a foreign country. A sky marshal represents a foreign country if..

*       he or she is employed or engaged by the Government of the foreign country or an agency of that Government to carry out the duties of a sky marshal; or

*       he or she is employed or engaged by an 1 airline, the aircraft is registered under the law of the country.

 

Overview

The Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2), issued under the authority of the Minister for Justice and Customs, were enacted to address a specific security need arising from the potential deployment of sky marshals during the Olympic Games in Australia. This amendment to the Customs Act 1901, particularly sections 112 and 270, seeks to balance the prohibition on the exportation of certain goods with the necessity to allow sky marshals to export their equipment lawfully. The policy objective is to facilitate the secure operation of sky marshals while ensuring that such exports do not circumvent the existing regulatory framework that restricts the import and export of certain strategic and defence-related goods. The amendment allows for the export of goods that have been lawfully imported by sky marshals, provided specific conditions are met, including the surrender of these goods to customs upon importation and their timely export by a sky marshal within three months. This regulatory change is critical in maintaining both the security protocols of the Olympic Games and the legislative restrictions on the movement of sensitive goods. The Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2) aim to amend the Customs (Prohibited Exports) Regulations 1958 by introducing new definitions and exceptions to the export prohibition. These amendments enable sky marshals, who are authorised to import certain weapons and protective equipment for security purposes, to export these items after their duties are completed. This legislative change was necessary to accommodate the practical requirements of international security arrangements while adhering to Australian customs regulations. The regulations clarify who qualifies as a sky marshal and under what conditions these individuals can export the specified goods, ensuring that the security needs are met without compromising the regulatory integrity of Australia's export controls. The regulations commenced upon gazettal, reflecting the urgency and specificity of the legislative response to the unique circumstances presented by the Olympic Games.

Scope and Application

The Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2) are a set of regulations that amend the Customs (Prohibited Exports) Regulations 1958 under the Customs Act 1901. These regulations apply to the exportation of certain goods from Australia, specifically those that have been lawfully imported by sky marshals in the course of their duties. The regulations permit the exportation of these goods under specific conditions, such as the presence of an agreement between the relevant foreign government and Australia regarding such importations, the surrender of the goods to an authorised officer immediately after importation, and the exportation of the goods by a sky marshal representing the foreign country within three months from the date of importation. The regulations are designed to facilitate the exportation of goods that are necessary for the security duties of sky marshals during events like the Olympic Games, while still maintaining the overall restrictions on the exportation of prohibited goods. The scope of the regulations is limited to the specific goods imported by sky marshals and the conditions under which they may be exported, and they do not extend to other goods or circumstances.

Key Provisions

The Customs (Prohibited Exports) Amendment Regulations 2000 (No. 2) (the Regulations) amend the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) to permit the exportation of certain prohibited goods by sky marshals who have lawfully imported them into Australia. The primary sections of the Regulations are Regulation 1, which names the regulations, and Regulation 2, which specifies that the regulations commence on gazettal. Regulation 3 directs the amendment of the PE Regulations as detailed in Schedule 1. The Schedule inserts new definitions for "airline," "authorised officer," and "sky marshal," and introduces an exception to the prohibition on exporting goods specified in the defence and strategic goods list when certain conditions are met (Schedule 1, Items 1-4). Additionally, new subregulation 13E(2AA) clarifies when a sky marshal represents a foreign country (Schedule 1, Item 5). The Regulations impose specific obligations on entities and individuals. Sky marshals who import goods into Australia must ensure that these goods are surrendered to an authorised officer immediately after importation and that any subsequent exportation adheres to the conditions specified in the Regulations. The authorised officer must verify that the sky marshal is representing a foreign country and that an agreement regarding such importations is in force between the relevant foreign government and Australia. Furthermore, the sky marshal must export the goods within three months from the date of importation. Failure to comply with the Regulations can result in civil and criminal penalties. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties can include imprisonment and fines. The specific maximum penalties are not detailed in the Regulations but would be determined under the relevant sections of the Customs Act 1901. Entities or individuals found in breach of these Regulations could face legal action, resulting in financial penalties and potential imprisonment, depending on the severity of the breach and the discretion of the court.

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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.