EXPLANATORY STATEMENT
Statutory Rules 1985 No. 1
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
On 28 December 1984 the Acting Prime Minister, the Hon. Lionel Bowen MP, the Acting Minister for Trade, Senator the Hon. Peter Walsh, the Minister for Foreign Affairs, the Hon. Bill Hayden MP and the Minister for Industry, Technology and Commerce, Senator the Hon. John Button endorsed the terms of an arrangement with the United States concerning access to the United States market for Australian exports of steel.
The arrangement provides for restraints on the volumes of Australian steel (defined as all steel mill and basic steel products produced in Australia) exported to the United States, for the withdrawal of an existing United States anti-dumping action on Australian steel and for an undertaking that the petitioner would not file any petition seeking import relief during the five year currency of the arrangement.
In order to implement, and enforce compliance with, Australia’s commitments under the arrangement the Customs (Prohibited Exports) Regulations have been amended to insert a new export control over Australian steel.
The new regulations provide as follows:
(a) regulation 1 provides for the amending regulations to come into operation on 1 February 1985.
(b) regulation 2 amends regulation 12 of the Regulations to replace references in that regulation to the Department and Minister for Trade and Resources with references to the Department and Minister for Trade, as a consequence of the re-naming of certain Departments in March 1983; and
(c) regulation 3 repeals the existing Tenth Schedule to the Regulations and substitutes a new Schedule, which provides that the exportation from Australia of steel mill and basic steel products is prohibited unless the approval of the Minister for Trade or of an authorized officer is produced to the Collector.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 1 were enacted in 1985 to address the need for regulatory changes in response to an arrangement with the United States regarding Australian steel exports. This legislation was introduced to ensure compliance with the agreed terms of the arrangement which involved restraints on the export volumes of Australian steel to the United States, withdrawal of existing anti-dumping actions, and a commitment by the petitioner to not file any petitions seeking import relief during the arrangement's five-year term. The enacting body was the Australian Parliament, under the authority of the Minister of State for Industry, Technology and Commerce. The primary policy objective was to implement and enforce the new export control measures to uphold Australia's commitments under the international arrangement.
This amendment to the Customs (Prohibited Exports) Regulations aimed to formalise the new export control over Australian steel, ensuring that the exportation of steel mill and basic steel products from Australia was subject to the approval of the Minister for Trade or an authorised officer. This was achieved by updating and replacing references in the regulations to reflect the re-naming of certain departments and by inserting a new schedule to explicitly prohibit the export of specified steel products without the necessary approvals.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 1 applies to entities and individuals engaged in the export of steel mill and basic steel products produced in Australia. The amendment inserts a new export control specifically targeting these products to ensure compliance with the arrangement between Australia and the United States concerning the volume of Australian steel exported to the United States. The regulation affects all persons or entities intending to export steel mill and basic steel products from Australia, effectively imposing restrictions that must be adhered to under the authority of the Minister for Trade or an authorized officer. The geographic reach of these regulations is national, as they apply to exports from Australia, and they extend to the entire territory of Australia. There are no explicit exclusions or exemptions mentioned in the text; however, the regulations do provide for the possibility of approval by the Minister for Trade or an authorized officer, which might imply certain conditions under which exports could be permitted. The regulations also incorporate the authority for subordinate instruments to further define the specifics of enforcement and compliance, ensuring a robust mechanism for overseeing the export controls.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1984 primarily modify the existing regulations to incorporate new export controls on Australian steel, effective from 1 February 1985 as per regulation 1. Regulation 2 updates references in the existing regulation 12 to reflect the renaming of certain departments, substituting the former Department and Minister for Trade and Resources with the current Department and Minister for Trade, as mandated by changes implemented in March 1983. Regulation 3 repeals the existing Tenth Schedule of the Regulations and introduces a new Schedule that imposes a prohibition on the export of steel mill and basic steel products from Australia. This prohibition can only be circumvented if the Minister for Trade or an authorised officer grants approval, and such approval must be presented to the Collector.
The obligations under these regulations fall primarily on entities involved in the export of steel mill and basic steel products from Australia. They must ensure that any intended export of these products is approved by the Minister for Trade or an authorised officer, as stipulated in the new Tenth Schedule. This requirement necessitates that exporters obtain the necessary approvals before attempting to export these goods, and they must present these approvals to the Collector to demonstrate compliance with the regulations. The regulations impose a strict prohibition on the export of these products unless the prescribed approvals are obtained and presented.
Failure to comply with the new export controls outlined in the Customs (Prohibited Exports) Regulations (Amendment) 1984 can result in significant legal consequences. The regulations do not explicitly state the penalties for non-compliance, but given the nature of export controls and the importance of adhering to such regulatory frameworks, breaches may lead to civil or criminal penalties. Violators could face fines or other legal repercussions, depending on the severity and intent behind the non-compliance. The exact penalties would be determined based on the applicable laws and the specific circumstances of the breach.