Statutory Rules
1975 No. 173
REGULATION UNDER THE CUSTOMS ACT 1901-1975.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1975.
Dated this twenty-fifth day of August, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. L. CAVANAGH
Minister of State for Police and Customs.
Amendments of the Customs (Prohibited Exports) Regulations†
Second Schedule.
Part I of the Second Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting paragraph (c) of item 5b and substituting the following paragraph:—
“ (c) the early exploration,”; and
(b) by omitting paragraph (c) of item 5c and substituting the following paragraph:—
“ (c) the early exploration,”.
* Notified in the Australian Government Gazette on 26 August 1975.
† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 50 and 123; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 106 and 121; 1972, No. 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974, Nos. 46, 157, 178 and 250; and 1975, Nos. 19, 44 and 45.
Overview
The Statutory Rules 1975 No. 173, made under the Customs Act 1901-1975, were enacted by the Governor-General of Australia, John R. Kerr, acting on the advice of the Executive Council. This regulation was issued to amend the Customs (Prohibited Exports) Regulations, specifically updating the list of items subject to export restrictions. The enactment aimed to ensure that Australia's export control measures were up-to-date and aligned with national security and international obligations. These amendments reflect an ongoing effort to adapt the regulatory framework in response to changing circumstances and the evolving nature of prohibited exports.
Scope and Application
The Customs (Prohibited Exports) Regulations 1975, as amended by Statutory Rules 1975 No. 173, apply to any individual, entity, or industry involved in the export of goods from Australia that are subject to prohibitions under the Customs Act 1901-1975. The geographic reach of these regulations is national, affecting all exports from Australian territory. The amendments made by these regulations specifically address the prohibition on the early exploration of certain goods, which is now explicitly outlined within the regulations. The regulations also extend their application through the inclusion of specific items and amendments to existing entries, thereby ensuring comprehensive coverage of prohibited exports. Notably, the regulations do not specify exclusions, exemptions, or thresholds within the scope of this particular legislative instrument, thereby applying uniformly to all applicable exports.
Key Provisions
The key operative sections of this legislative instrument are found in the Second Schedule, which amends Part I of the Customs (Prohibited Exports) Regulations. Specifically, it involves the substitution of certain paragraphs under items 5b and 5c. Item 5b(c) previously prohibited the export of certain goods without a permit, and now replaces the phrase "the early exploration" to specify the new conditions. Similarly, item 5c(c) has been updated to reflect the same change in wording regarding the early exploration of goods. This amendment likely aims to clarify the scope of restricted exports and ensure that the regulations remain relevant and precise.
These amendments impose certain obligations on parties and entities involved in the export of goods covered under the Customs (Prohibited Exports) Regulations. Exporters must ensure that they comply with the updated provisions regarding the early exploration of goods, which may involve obtaining necessary permits or adhering to specific export controls. The changes necessitate that those involved in the export process stay informed about the regulatory updates and take appropriate steps to align their activities with the new legal requirements.
Failure to comply with these regulations could result in various consequences, including both civil and criminal penalties. While the specific penalties are not detailed in the legislative instrument, breaches of the Customs Act 1901-1975 and its associated regulations can lead to substantial fines and potential imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act and related legislation. It is crucial for parties involved in the export of goods to understand and adhere to the updated regulations to avoid any legal repercussions.