Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1969 No. 22, titled "Regulation Under the Customs Act 1901-1968," was enacted to amend the Customs (Prohibited Exports) Regulations by adding wood chips, logs, and wood of a kind known as billets, off-cuts, or dockings to the list of prohibited exports. This regulation was made by the Governor-General, with the advice of the Federal Executive Council, and was published in the Commonwealth Gazette. The policy objective behind this amendment was to control and restrict the export of certain types of wood products, thereby protecting Australia's timber resources and ensuring sustainable forestry practices. This legislative instrument is a reflection of the Commonwealth Government's efforts to manage and regulate the export of strategic materials in line with national economic and environmental interests.

Scope and Application

This Statutory Rule, made under the Customs Act 1901-1968, pertains to the regulation of exports and specifically addresses the prohibition of certain items from being exported. The regulation targets wood chips, logs (including those that have been roughly squared or half-squared), and wood of a kind known as billets, off-cuts or dockings, by adding these items to the Seventh Schedule of the Customs (Prohibited Exports) Regulations. This legislative instrument applies to all entities and persons involved in the export of these specified wood products, extending the prohibition to the entire Commonwealth of Australia. The regulation's purpose is to control and restrict the export of these materials, likely to protect domestic resources and ensure sustainability. The regulation itself does not mention any exclusions, exemptions, or thresholds, and it seems to be a direct application of the prohibition without the need for further extension or restriction through subordinate instruments.

Key Provisions

The key provisions of the Statutory Rules 1969 No. 22, made under the Customs Act 1901-1968, include amendments to the Customs (Prohibited Exports) Regulations. Specifically, section 11 of the Seventh Schedule (item 11) is amended to include wood chips, logs (including logs roughly squared or half-squared), and wood of a kind known as billets, off-cuts, or dockings as prohibited exports. This means that these types of wood products are now subject to export controls and restrictions. The Act imposes obligations on parties or entities involved in the export of these wood products. Exporters must ensure that they comply with the prohibition by not exporting the listed wood products without the necessary approvals or licenses. This requirement extends to all individuals, businesses, or entities involved in the export process, including the preparation of export documentation, compliance with customs procedures, and adherence to any additional regulations that may be imposed by other relevant authorities. Failure to comply with the provisions of this legislation can lead to various consequences, including both civil and criminal penalties. For instance, unauthorised export of the listed wood products may result in fines, seizure of the goods, and potential legal action. Under the Customs Act 1901-1968, the penalties for contravening the Act can be severe. In cases of deliberate or reckless breaches, individuals may face criminal charges, which could lead to imprisonment, while corporations may face substantial fines. The specific penalties can vary depending on the nature and severity of the offence, but the Act provides for maximum penalties that reflect the seriousness of the violations.