Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports Regulations (Amendment) 1986 was introduced to amend the Customs (Prohibited Exports) Regulations, removing export controls on tin which were previously in place under the International Tin Agreement. The Customs (Prohibited Exports) Regulations, originally established to enforce export controls on various goods, included tin within its purview. However, with the termination of export controls on tin under the International Tin Agreement, and the Minister for Trade indicating that the export control provisions were unlikely to be reactivated, the need arose to update the regulations accordingly. The amendments were made to reflect the current administrative arrangements by replacing references to the “Minister for Trade and Resources” with “Minister for Trade” and to remove tin from the list of prohibited exports. This was achieved through the issuance of these regulations by the Minister of State for Industry, Technology, and Commerce, as authorised by the relevant legislation. The objective of these amendments was to ensure that the regulatory framework remained aligned with the current economic and trade policies, thus facilitating smoother trade operations while maintaining the integrity of Australia’s commitments under international agreements.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1986 pertains to the control and regulation of the export of certain goods from Australia, specifically those listed in the 7th Schedule of the Regulations. The Act applies to any person or entity attempting to export goods that are listed as prohibited without obtaining the necessary permission from the Minister for Trade. This regulation has a national jurisdictional reach within Australia and applies to all exports attempted from Australian territory. The stated exclusions under this amendment involve the removal of export controls on tin, effective from 31 March 1986, following the termination of the export controls under the International Tin Agreement, of which Australia is a signatory. The amendment also updates references from "Minister for Trade and Resources" to "Minister for Trade" in the Regulations and the Seventh Schedule, aligning with current administrative arrangements. The scope of the Act is extended through subordinate instruments to ensure compliance and adaptation to changing international agreements and domestic policies.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) primarily focus on modifying the export controls for certain goods, specifically addressing the export of tin. Regulation 1 removes the phrase "and Resources" from Paragraph 9(1)(a), simplifying the reference to the authority responsible for granting export permissions. Regulation 2 omits the same phrase from the heading of the Seventh Schedule and removes item 15, which listed "Tin ores and concentrates, slag and other residues containing tin and resulting from the refining of tin, unwrought refined tin". These amendments reflect the current administrative arrangements and the decision to terminate export controls on tin. The obligations under the amended Regulations require that any party seeking to export goods listed in the Seventh Schedule must obtain the permission of the Minister for Trade. This permission is necessary to ensure compliance with the export control provisions. The changes in regulation also necessitate that businesses and individuals exporting these goods must be aware of the updated references to the Minister for Trade, rather than the Minister for Trade and Resources. Failure to comply with the provisions of these Regulations can result in civil and criminal penalties. Under the Customs Act 1901, offences related to the unauthorised export of prohibited goods can lead to significant penalties. For example, the maximum penalty for contravening the export control provisions can include fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the seriousness of attempting to export restricted goods without the appropriate permissions.