Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 380
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 380
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by subsection (1) may be exercised - ... (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of paragraph (2)(c), the regulations - ... (a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations;
..."
The purpose of the regulations was to remove the control ~n the exportation of coffee from Australia.
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the Regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or an authorised person
Under subregulation 6(4) of the Regulations, the exportation of coffee is prohibited unless:
(a) there is produced to the Collector a certificate valid under the International Coffee Agreement 1983 ("the ICA") to which Australia is a party or permission in writing in granted by the Minister or an authorised person for the exportation of the coffee;
(b) the quantity of coffee to be exported does not exceed a specified limit in respect of the various type of coffee, or
(c) the coffee is exported in accordance with an approval granted under subsection 129(1) of the Act.
The controls on the exportation of coffee were originally introduced to meet Australia's treaty obligations as a member of the ICA.
Quotas under the ICA have been suspended since July 1989 and Australia is no longer a member of the ICA. It is also unlikely that Australia will become a member of the ICA again. There was, therefore, no basis for continuing with the controls on the exportation of coffee.
Regulation 2 omitted regulation 6 which related to the control of the exportation of coffee from the Regulations.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 380 was enacted to amend the existing Customs (Prohibited Exports) Regulations under the Customs Act 1901. This amendment aimed to address the outdated restrictions on the exportation of coffee from Australia by removing the controls previously in place. The regulations were initially introduced to meet Australia's treaty obligations as a party to the International Coffee Agreement 1983 (ICA), but since quotas under the ICA have been suspended since July 1989 and Australia is no longer a member of the ICA, the controls on coffee exportation were no longer necessary. Consequently, the 1997 regulations omitted the specific control on coffee exports from the regulations.
This amendment was issued by the Authority of the Minister for Customs and Consumer Affairs, and the policy objective was to streamline and modernise the regulatory framework governing prohibited exports in line with current international obligations and trade practices. The regulations commenced on gazettal, effectively removing the restrictions on coffee exportation and allowing for a more flexible export regime in accordance with the evolving global trade environment.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 380 amends the Customs (Prohibited Exports) Regulations to remove the restrictions on the exportation of coffee from Australia. These regulations apply to all persons and entities engaged in the exportation of coffee, making the exportation of coffee unrestricted unless it is subject to other specified conditions. Geographically, the regulations apply across Australia, as they are made under the authority of the Customs Act 1901, which has a national scope. The regulations operate by removing the previous requirements for a certificate under the International Coffee Agreement or written permission from the Minister or an authorised person, which were initially imposed to meet Australia’s treaty obligations under the ICA. These amendments reflect the suspension of quotas under the ICA since July 1989 and Australia's current and future non-participation in the ICA, thereby simplifying the export process for coffee. The regulations came into effect immediately upon gazettal.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 380 (the Amendment) primarily modifies the Customs (Prohibited Exports) Regulations (the Regulations) by removing the specific controls on the exportation of coffee from Australia. Section 6 of the Regulations, which previously set out conditions for the export of coffee, is omitted entirely (reg 2). This amendment aligns with Australia's withdrawal from the International Coffee Agreement 1983 (ICA), which previously necessitated these export controls. The removal of these controls reflects the suspension of quotas under the ICA since July 1989 and the diminished likelihood of Australia rejoining the ICA.
The Amendment imposes obligations on entities seeking to export coffee from Australia. Under the previous regime, exporters needed to produce a valid certificate under the ICA or obtain written permission from the Minister or an authorised person (subreg 6(4)(a)). Additionally, the quantity of coffee to be exported had to comply with specified limits (subreg 6(4)(b)), and approval under subsection 129(1) of the Customs Act 1901 was required (subreg 6(4)(c)). With the removal of regulation 6, these specific obligations no longer apply, simplifying the process for exporting coffee from Australia.
The Regulations, as amended, do not introduce new offences or penalties specifically related to the exportation of coffee. However, breaches of the Customs Act 1901 or other relevant legislation may still incur penalties. For instance, unauthorised exportation of goods in general could lead to penalties such as fines up to $22,200 for individuals and $111,000 for corporations, as well as potential criminal charges. The exact penalties depend on the nature and severity of the breach. The Amendment thus streamlines compliance by removing outdated restrictions but does not alter the broader legal framework governing customs and prohibited exports.