EXPLANATORY STATEMENT
STATUTORY RULES 1984, NO 63
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Industry and Commerce
The Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Wildlife Act) provides, amongst other things, for the furthering of the protection and conservation of wildlife by regulating the exportation to Australia of certain animals, plants and goods, and for related purposes.
Section 2 of the Wildlife Act provides that that Act shall come into operation on a date to fixed by Proclamation. This date has been fixed as 1 May 1984.
Upon Proclamation, the Wildlife Act will provide legislative control over those items presently covered by the Customs (Prohibited Exports) Regulations.
The Regulations remove these items from the Customs (Prohibited Exports) Regulations with effect from 1 May 1984 to avoid legislative duplication or lack of control.
The Regulations amend the Customs (Prohibited Exports) Regulations as follows:
Regulation 1
Provides for the Regulations to come into operation on 1 May 1984 which is the date that the Wildlife Act is proclaimed to come into operation.
Regulation 2
Amends the Second Schedule to the Regulations to remove specified items from Part I of that Schedule and omits Part V as these items are now covered by the Wildlife Act.
Regulation 3
Amends the Twelfth Schedule to the Regulations by omitting Part I as a consequence of the Wildlife Act and omitting the heading “Part II” as that heading is no longer necessary.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984, No. 63 were issued by the Authority of the Minister for Industry and Commerce to address legislative gaps and ensure the effective regulation of wildlife export and import under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. The Wildlife Act was enacted to further the protection and conservation of wildlife by establishing legislative control over the exportation of certain animals, plants, and goods. This Act aimed to replace and consolidate existing controls previously managed under the Customs (Prohibited Exports) Regulations. Upon the proclamation of the Wildlife Act on 1 May 1984, the Regulations were amended to remove items that were now covered by the Wildlife Act, thereby avoiding legislative duplication and ensuring continued control and regulation of these items. The policy objective of these amendments was to streamline and centralise the regulatory framework for wildlife trade, enhancing the effectiveness of conservation efforts and ensuring compliance with international obligations regarding wildlife protection.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984, No. 63, issued by the Authority of the Minister for Industry and Commerce, amends the existing Customs (Prohibited Exports) Regulations to align with the provisions of the Wildlife Protection (Regulation of Exports and Imports) Act 1982. This amendment is effective from 1 May 1984, the date fixed by Proclamation for the Wildlife Act to come into operation. The amendment aims to ensure that the legislative control over the exportation of certain animals, plants, and goods is effectively transferred from the Customs Regulations to the Wildlife Act, thereby avoiding any legislative duplication or gaps in control. The Regulations specifically remove certain items from the Customs (Prohibited Exports) Regulations and omit certain parts of the Schedules, as these items and provisions are now covered under the Wildlife Act. The changes reflect the broader legislative intent to enhance the protection and conservation of wildlife through more focused and comprehensive regulation.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) (F1996B03482) primarily focuses on the transition of control over certain wildlife-related items from the existing Customs (Prohibited Exports) Regulations to the newly enacted Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Wildlife Act). Specifically, section 2 of the Wildlife Act stipulates that the Act will come into effect on a date determined by proclamation, which in this case is fixed as 1 May 1984 (section 2). Regulation 1 ensures that the amendments to the Customs (Prohibited Exports) Regulations will also take effect on this date to synchronise the transition (regulation 1). Regulation 2 further details the amendments by removing specified items from Part I of the Second Schedule of the existing Customs Regulations, and it omits Part V entirely, as these items are now explicitly governed by the Wildlife Act (regulation 2). Regulation 3 amends the Twelfth Schedule of the Customs Regulations by omitting Part I, reflecting the shift in control to the Wildlife Act, and it removes the heading "Part II" as it is now redundant (regulation 3).
The obligations imposed by these regulations primarily concern entities involved in the exportation of items that were previously regulated under the Customs (Prohibited Exports) Regulations but are now subject to the Wildlife Act. These entities must ensure compliance with the new legislative framework by obtaining necessary permits and adhering to the regulations specified in the Wildlife Act. For example, exporters of wildlife-related items must now seek authorisation under the Wildlife Act rather than the Customs Regulations. The regulations require these entities to familiarise themselves with the provisions of the Wildlife Act and any related licensing or permit requirements to avoid non-compliance.
Failure to comply with the provisions of the Wildlife Act or the amended Customs (Prohibited Exports) Regulations may result in various civil and criminal consequences. The Wildlife Act includes provisions for offences related to the unauthorised export of protected wildlife, which can lead to substantial penalties. For instance, under section 54 of the Wildlife Act, individuals or entities found guilty of an offence may face fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as potential imprisonment. These penalties underscore the seriousness with which the legislation treats violations related to the export of prohibited wildlife items.