EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1987 NO. 319
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE AND SMALL BUSINESS
These regulations give effect to the Ministerial undertaking to the Senate Standing Committee on Regulations and Ordinances to restrict the power given to authorised persons under Regulations 13D, 13E and 13F.
In addition, these regulations substitute a new Gazette reference in Regulations 13E and 13G. This updates the list of dual-use technology goods which are subject to export controls.
Details of the regulations are as follows:
Regulation 1: - is a machinery provision which provides that the Customs (Prohibited Exports) Regulations are the “Principal Regulations” referred to in these Statutory Rules.
Regulation 2: - gives effect to the Ministerial undertaking in relation to Regulation 13D, which deals with the prohibition of the exportation of certain chemicals, by making the power of authorised persons to prohibit the exportation of goods subject to the new Regulation 13H, (see Regulation 6) and in addition, the power given to an authorised person in Regulation 13D(4) to revoke a permission has been removed;
- references to the Minister of State for Foreign Affairs are amended to read Minister of State for Foreign Affairs and Trade to take account of the new Ministerial structure.
Regulation 3: - inserts the new Gazette reference relating to the list of “dual-use” technology goods subject to export controls;
- gives effect to the Ministerial undertaking in relation to Regulation 13E, which deals with the prohibition of dual-use technology goods to certain countries, by making the power of authorised persons to prohibit the exportation of goods subject to the new Regulations 13H, (see Regulation 6) and, in addition, the power of an authorised person to revoke permissions under Regulation 13E (7) has been removed;
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- corrects an inconsistency whereby a permission granted by an authorised person was not included in the scope of Regulation 13E(3)(a);
Regulation 4: - is a technical drafting change resulting from the Ministerial undertaking relating to authorised persons;
Regulation 5: - inserts the new Gazette reference relating to the up-dated list of “dual-use” technology goods subject to export controls;
Regulation 6: - inserts a new Regulation 13H which gives effect to the Ministerial undertaking relating to authorised persons by providing that where an authorised person has formed an opinion that a permission under subregulation 13D(2) or 13E(2) should not be granted, that authorised person shall refer the matter to the relevant Minister, and that Minister may then decide whether to grant or refuse to grant the permission. In essence the amendment will restrict the power of authorised persons under this export control regime.
- it is specifically provided that this new Regulation does not affect the existing power conferred on the relevant Minister or an authorised person under Regulation 13D or 13E to grant a permission subject to conditions or requirements;
- in addition, this Regulation defines the term “relevant’ Minister” for the purposes of this provision.