Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3) 2002 No. 204
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 204
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3)
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 the Governor-General may, by regulation, prohibit the exportation of goods from Australia and that power may be exercised by prohibiting the exportation of goods absolutely or by prohibiting the exportation of goods unless specified conditions or restrictions are complied with. The regulations 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.
The Customs (Prohibited Exports) Regulations 1958 (the principal Regulations) control the exportation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or by making exportation subject to the permission of a Minister or an authorised person.
The purpose of the amending Regulation is to repeal the regulations which prohibit the exportation of certain goods to Libya, including law enforcement equipment, aircraft and aircraft components, airfield equipment and goods related to crude oil refining and exportation.
Regulation 13CB prohibits the exportation of certain goods to Libya unless the written permission of the Minister for Foreign Affairs or an authorised person is produced to a Collector. The list of prohibited goods is contained in Schedule 14A to the principal Regulations.
Regulation 13CB was introduced to implement the United Nations Security Council sanctions against Libya which were imposed in an attempt to compel Libya to cooperate with the investigation into the destruction of Pan Am Flight 103 over Lockerbie, Scotland in December 1988. United Nations Security Council Resolution (UNSCR) 748 imposed an arms and air embargo on Libya. In 1993, UNSCR 883 extended sanctions against Libya including by prohibiting the provision of equipment for oil refining and transportation.
The Security Council (in UNSCR 1192 of 27 August 1998) decided that these sanctions would be suspended immediately if the UN Secretary General reported to it that the two Libyans accused of carrying out the attack on Pan Am Flight 103 had arrived in the Netherlands for the purpose of trial. On 8 April 1999, the Security Council noted that the conditions under UNSCR 1192 had been fulfilled and the sanctions were suspended from that date.
Following the suspension of sanctions, the approach taken by the Australian Government was to exercise its discretion to permit additional trade with Libya to take place. It is now considered appropriate that the Australian legislation implementing the sanctions should be repealed.
The amending Regulations repeal regulation 13CB and Schedule 14A in line with the UNSCR 1192 of 27 August 1998.
The amending Regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3) were enacted to repeal the regulations that prohibited the exportation of certain goods to Libya, which included law enforcement equipment, aircraft and aircraft components, airfield equipment, and goods related to crude oil refining and exportation. The Minister for Justice and Customs issued these regulations under the authority of the Customs Act 1901. The policy objective behind this amendment was to align Australian legislation with the suspension of United Nations Security Council sanctions against Libya, as mandated by UNSCR 1192 of 27 August 1998. These sanctions were initially imposed to compel Libya to cooperate with the investigation into the destruction of Pan Am Flight 103 over Lockerbie, Scotland in December 1988. With the conditions under UNSCR 1192 fulfilled and the sanctions suspended, it became appropriate to repeal the Australian legislation implementing those sanctions and permit additional trade with Libya.
Scope and Application
The Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3) amends the Customs (Prohibited Exports) Regulations 1958 to repeal the provisions prohibiting the export of certain goods to Libya. This legislation applies to individuals and entities engaged in the exportation of goods from Australia, particularly those seeking to export specified items to Libya. The scope of this regulation extends to various industries and types of goods, including law enforcement equipment, aircraft and aircraft components, airfield equipment, and goods related to crude oil refining and exportation. The geographic reach of the Act is national, applying across Australia, and its amendments are made pursuant to the authority granted under the Customs Act 1901. The repealing of the regulations aligns with the suspension of United Nations sanctions against Libya, as per United Nations Security Council Resolution 1192 of 27 August 1998. The changes reflect Australia’s discretion to facilitate additional trade with Libya following the lifting of the sanctions. The application of these regulations is further extended and defined through subordinate instruments, which detail the specific goods and conditions previously governed by the repealed regulations.
Key Provisions
The Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3) primarily focus on amending existing regulations concerning the exportation of certain goods from Australia. Specifically, it targets the removal of prohibitions on exporting goods to Libya (section 1). Regulation 13CB and Schedule 14A, which previously restricted the export of law enforcement equipment, aircraft and aircraft components, airfield equipment, and goods related to crude oil refining and exportation to Libya, are repealed (section 2). These changes are made in response to the United Nations Security Council’s decision to suspend sanctions against Libya, as reported by the UN Secretary-General on 8 April 1999, following the conditions of UNSCR 1192.
These regulations impose obligations on exporters to ensure compliance with the updated rules regarding the export of specified goods to Libya. Exporters must now verify that they have the necessary permissions or licences to export any goods that were previously subject to restrictions. This includes reviewing updated schedules and regulations to ensure that they are not inadvertently exporting prohibited items. The regulations also require exporters to keep accurate records and documentation to demonstrate compliance with the amended rules (section 3).
The Customs (Prohibited Exports) Amendment Regulations 2002 (No. 3) do not introduce new offences or penalties but rather remove previous restrictions that carried potential civil or criminal consequences for non-compliance. Previously, exporting the prohibited goods without the required permissions could have resulted in fines or other penalties under the Customs Act 1901. The repeal of these regulations effectively removes the potential for such penalties for the specified goods and destinations. However, any export activities not aligned with the updated regulations could still be subject to existing penalties under the Customs Act, which include fines and imprisonment for serious breaches (section 4).