Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations Amendment (Statutory Rules 1986 No 365) was enacted to update the existing export control regulations concerning North Vietnam. The Regulations, originally established to prohibit the export of goods from Australia to North Vietnam without ministerial consent, were issued under the authority of the Minister of State for Industry, Technology and Commerce. Given that commercial trade controls with North Vietnam effectively ceased in 1973, with all subsequent export applications being approved following advice from the Department of Foreign Affairs, this amendment seeks to repeal Regulation 6A, thereby formalising the cessation of the prohibition on exports to North Vietnam. This change aligns the regulatory framework with the current diplomatic and trade realities, reflecting the policy objective of maintaining contemporary and accurate trade controls.

Scope and Application

The Customs (Prohibited Exports) Regulations Amendment (Statutory Rules 1996 No. 365) pertains to the export of goods from Australia, particularly targeting the cessation of restrictions on commercial trade with North Vietnam. This amendment applies to all individuals, businesses, and entities involved in the export of goods from Australia to North Vietnam. The regulation repeals Regulation 6A, which previously prohibited such exports without the Minister’s consent. This change reflects the updated stance on trade relations with North Vietnam, where the cessation of export controls has been effective since 1973. The amendment removes the requirement for ministerial consent for exports to North Vietnam, aligning with the current advisory processes managed by the Department of Foreign Affairs. The jurisdictional reach of these Regulations is national, applying across Australia. There are no stated exclusions or exemptions within the text, and no thresholds are mentioned. The application of this amendment extends solely to the modification of the Regulations without further extension or restriction through subordinate instruments.

Key Provisions

The Customs (Prohibited Exports) Regulations Amendment (Statutory Rules 1986 No 365) effectively addresses the outdated prohibition on exporting goods to North Viet-Nam. Regulation 6A of the Regulations, which previously mandated the Minister's consent for such exports, is repealed (s 3). This change aligns with the cessation of the export control on commercial trade with North Viet-Nam in 1973, where all export applications have since been approved following advice from the Department of Foreign Affairs. The amendment removes the need for ministerial consent, simplifying the export process for goods destined to North Viet-Nam. The amendment imposes specific obligations on entities and individuals engaged in exporting goods to North Viet-Nam. These parties must now comply with the general export control requirements as outlined in the Customs Act 1901 and the Customs Regulations 1967, rather than seeking additional ministerial consent (s 2). This shift places the responsibility on the Department of Foreign Affairs to provide advice on the export applications, ensuring that all exports meet the necessary criteria and do not contravene any other export control regulations. The Regulations do not explicitly state any offences, penalties, or consequences for breaches related to the repealed Regulation 6A. However, any exports that do not comply with the general export control requirements under the Customs Act 1901 and the Customs Regulations 1967 could result in enforcement actions, penalties, or other legal consequences. The maximum penalties for breaches of the Customs Act and associated regulations can include fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential criminal charges for serious or repeated breaches.