EXPLANATORY STATEMENT
Statutory Rules 1986 No 364
Customs (Prohibited Exports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce.
When tin was subject to quotas imposed by the International Tin Conference, export controls via the Customs (Prohibited Exports) Regulations were also maintained on tungsten in order to ensure that the tin content of exports of composite tungsten and tin ores and concentrates were covered by tin quotas. With the termination of tin quotas imposed by the International Tin Conference, and the subsequent removal of tin from the Customs (Prohibited Exports) Regulations by Statutory Rules 1986 No.177, there is no longer a requirement to keep tungsten as an item of the Seventh Schedule to the Customs (Prohibited Exports) Regulations.
The regulation repeals item 16 (“tungsten ore and concentrates”) from the Seventh Schedule to the Customs (Prohibited Exports) Regulations.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1996 No 364, issued by the Authority of the Minister of State for Industry, Technology and Commerce, was enacted to address the outdated regulatory controls on the export of tungsten. This regulation was introduced to rectify a legislative gap that arose after the termination of international tin quotas imposed by the International Tin Conference and the subsequent removal of tin from the Customs (Prohibited Exports) Regulations. The policy objective of this amendment was to ensure that the regulatory framework remains aligned with the current international trade conditions, thereby eliminating unnecessary export controls on tungsten, which was previously regulated in conjunction with tin exports.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No 364 applies to the regulation of export activities within Australia, specifically targeting the removal of tungsten from the list of prohibited exports as tin quotas have been terminated. The regulation directly affects entities involved in the export of tungsten ore and concentrates, ensuring alignment with the current international trade practices. Geographically, the regulation operates within the Commonwealth of Australia, impacting the national export control framework. It does not introduce any specific exclusions or exemptions but effectively adjusts the scope of the Customs (Prohibited Exports) Regulations to reflect the updated international trade environment. The application of the regulation may be further defined or extended through subordinate instruments, ensuring that the export controls remain consistent with evolving trade policies and international agreements.
Key Provisions
The key provisions of the Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No. 364 primarily revolve around the repeal of specific export controls on tungsten. Section 3 of the regulation removes item 16 (“tungsten ore and concentrates”) from the Seventh Schedule of the Customs (Prohibited Exports) Regulations. This repeal comes in the wake of the termination of tin quotas imposed by the International Tin Conference and the removal of tin from the Customs (Prohibited Exports) Regulations by Statutory Rules 1986 No. 177.
These changes mean that there is now no longer a requirement to control tungsten exports as part of the tin quota measures. The regulation aims to streamline and modernise the export control framework by eliminating outdated provisions that are no longer relevant. By repealing the tungsten export controls, the regulation seeks to simplify the administrative burden on exporters and regulatory authorities alike.
Entities and individuals involved in the export of tungsten ore and concentrates are now subject to different sets of regulations. They must ensure compliance with the current applicable laws and regulations regarding the export of these materials. This includes adhering to any other relevant provisions that may apply to tungsten exports, such as those concerning environmental protection, trade agreements, or specific industry standards.
Under the amended regulations, there are no specific offences or penalties outlined for non-compliance with the repealed provisions. However, any breach of the current applicable laws and regulations concerning the export of tungsten ore and concentrates may result in various civil or criminal consequences, depending on the nature and severity of the breach. These could include fines, imprisonment, or other penalties as prescribed by the relevant legislation. It is essential for exporters to stay informed about the current export control requirements to avoid any legal repercussions.
In summary, the Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No. 364 removes tungsten ore and concentrates from the list of prohibited exports, reflecting the changes in international trade policies and the termination of tin quotas. This amendment simplifies the regulatory framework and shifts the focus to current applicable laws for tungsten exports, requiring all parties involved to remain compliant with the updated legal requirements.