EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 174
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs (Prohibited Exports) Amendment Regulations 2008 (No. 2)
Customs Amendment Regulations 2008 (No. 5)
Subsection 270(1) 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 the 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 amending Regulations amend the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) and the Customs Regulations 1926 (the Customs Regulations) to reflect the termination by the United Nations Security Council (the UNSC) of restrictions on the supply, sale or transfer of arms and related matériel to Rwanda.
The PE Regulations prohibit the exportation from Australia of goods specified in the various regulations and the Schedules to the PE Regulations, by prohibiting the exportation absolutely or by making the exportation subject to a permission or licence.
Regulation 13CG of the PE Regulations prohibits the exportation to Rwanda of paramilitary goods specified in Schedule 14B, unless the written permission to export the goods is obtained from the Minister for Foreign Affairs or an authorised person of the Department of Foreign Affairs and Trade. Regulation 13CG and Schedule 14B were enacted to implement Australia's obligations to impose trade sanctions against Rwanda under UNSC Resolution 1011 (1995). However on 10 July 2008, the UNSC adopted Resolution 1823, which terminated the trade sanctions imposed under Resolution 1011.
The purpose of the amending Regulations is to give effect to the termination of the trade sanctions against Rwanda under UNSC Resolution 1823 by repealing regulation 13CG and Schedule 14B of the PE Regulations. The amending Regulations also remove cross-references to regulation 13CG in regulation 13H of the PE Regulations.
Regulation 179AAA and Schedule 1AB to the Customs Regulations prescribe UN-sanctioned goods for the purposes of the criminal offences of importing and exporting UN-sanctioned goods. UN-sanctioned goods are goods that are subject to trade sanctions under UNSC Resolutions and goods that are subject to UNSC trade sanctions that apply to Rwanda are included in items 1 and 12 of Part 2 to Schedule 1AB.
As a result of the UNSC trade sanctions against Rwanda being terminated, it is no longer necessary to prescribe such goods as UN-sanctioned goods. Therefore, the amending Regulations also omit item 1, and paragraph (i) of item 12, of Part 2 of Schedule 1AB to the Customs Regulations, and re-number the items in Part 2 as a consequence.
No consultation was undertaken specifically in relation to the amending Regulations as they implement Australia’s international obligations under the Security Council resolution.
The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
0816908A
0816908B
Overview
The Customs (Prohibited Exports) Amendment Regulations 2008 (No. 2) and the Customs Amendment Regulations 2008 (No. 5) were introduced to address the need for updating Australian customs regulations following the termination of United Nations Security Council sanctions against Rwanda. These amending regulations, issued by the Authority of the Minister for Home Affairs, modify the Customs (Prohibited Exports) Regulations 1958 and the Customs Regulations 1926. The policy objective of these amendments is to reflect the UNSC’s Resolution 1823, which terminated the trade sanctions previously imposed by Resolution 1011. Specifically, the Regulations repeal the provisions that prohibited the export of paramilitary goods to Rwanda and remove references to these goods in the Customs Regulations, ensuring that Australian laws align with the current international sanctions framework. These amendments were made without specific consultation as they were necessary to meet Australia’s obligations under the relevant Security Council resolution.
Scope and Application
The Customs (Prohibited Exports) Amendment Regulations 2008 (No. 2) and the Customs Amendment Regulations 2008 (No. 5) apply to the Customs Act 1901 and affect the exportation of goods from Australia, specifically in relation to the termination of United Nations Security Council trade sanctions against Rwanda. These Regulations amend the Customs (Prohibited Exports) Regulations 1958 and the Customs Regulations 1926, repealing Regulation 13CG and Schedule 14B, which had previously prohibited the export of paramilitary goods to Rwanda in compliance with UNSC Resolution 1011. The Regulations also remove references to the repealed provisions and omit certain items from Schedule 1AB of the Customs Regulations, which prescribed UN-sanctioned goods subject to trade sanctions. These changes reflect the UNSC’s Resolution 1823, which terminated the trade sanctions against Rwanda. The Regulations apply to all entities and persons involved in the exportation of goods from Australia, ensuring that the national legislation aligns with the current international sanctions regime.
Key Provisions
The main operative sections of the Customs (Prohibited Exports) Amendment Regulations 2008 (No. 2) and Customs Amendment Regulations 2008 (No. 5) primarily focus on repealing the export restrictions that were previously imposed on certain goods to Rwanda under UNSC Resolution 1011. Specifically, regulation 13CG of the Customs (Prohibited Exports) Regulations 1958, which prohibited the exportation of paramilitary goods specified in Schedule 14B to Rwanda, is repealed (regulation 3). Additionally, the Regulations remove cross-references to regulation 13CG in regulation 13H of the PE Regulations (regulation 4). Furthermore, the Regulations also amend the Customs Regulations 1926 by omitting items 1 and 12 from Part 2 of Schedule 1AB, which pertain to UN-sanctioned goods subject to UNSC trade sanctions for Rwanda (regulation 5). These changes are made to reflect the termination of trade sanctions against Rwanda by the UNSC Resolution 1823.
The Regulations impose obligations on entities and individuals who are involved in the exportation of goods from Australia. Previously, to export certain goods to Rwanda, a written permission was required from the Minister for Foreign Affairs or an authorised person of the Department of Foreign Affairs and Trade. With the repeal of regulation 13CG, such permission is no longer required for the exportation of the specified goods to Rwanda. Additionally, the omission of certain items from Schedule 1AB of the Customs Regulations means that these goods are no longer classified as UN-sanctioned goods for the purposes of criminal offences related to the importation and exportation of such goods.
There are no specific offences, penalties, or consequences outlined in the amending Regulations themselves, as they primarily serve to repeal existing regulations that have become obsolete due to changes in international obligations under UNSC resolutions. However, it is important to note that any breach of the Customs Act 1901 or its subsidiary legislation could result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for contraventions of the Customs Act can include fines and imprisonment, as determined by the relevant courts. The termination of trade sanctions against Rwanda under UNSC Resolution 1823 means that the legal framework governing the exportation of goods to Rwanda has been updated to reflect the changed international circumstances.