STATUTORY RULES
1970 No. 106
REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1968.
Dated this eighth day of August, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd) D. L. CHIPP
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Exports) Regulations †
First Schedule.
1. The First Schedule to the Customs (Prohibited Exports) Regulations is amended—
(b) by omitting from Item 9 the words “ and potable spirits (including liqueurs)”; and
(c) by omitting from Item 9 the words “ and potable spirits ”.
Second Schedule.
2. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting the heading and inserting in its stead the following heading:—
“ GOODS THE EXPORTATION OF WHICH IS PROHIBITED UNLESS THE CONSENT OF THE MINISTER IS FIRST OBTAINED.
(b) by omitting Items 3aa and 3a and inserting in their stead the following items:—
“ 3a | Cannabis, that is to say— |
| (a) the flowering or fruiting tops of a plant of the genus Cannabis, by whatever name those tops are called, from which the resin has not been extracted; |
| (b) leaves of a plant of the genus Cannabis; |
| (c) needs of a plant of the genus Cannabis; |
| (d) plants of the genus Cannabis; and |
| (e) cannabis resin, that is to say, resin obtained from a plant of the genus Cannabis |
“ 3b | Substances derived from cannabis within the meaning of the last preceding item |
“ 3c | Substances, whether natural or synthetic, which are or are likely to be productive, or are capable of being converted into substances which are or are likely to be productive, of ill effects substantially of the same character or nature as, or analogous to, those produced by cannabis within the meaning of Item 3a |
“ 3d | |
“ 3e | Diacetylmorphine (heroin) and its salts and preparations containing diacetylmorphine or any of its salts”. |
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1958, No. 5, as amended to date. For previous amendments to the Customs (Prohibited Exports) Regulations, see footnote † to Statutory Rules 1970, No. 34, and see also Statutory Rules 1970, Nos. 34 and 68.
17306/70—PRICE 5c 10/18.6.1970
Eighth Schedule.
3. The Eighth Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting from Item 37 the word “ hydromorphone-morphine” and inserting in its stead the words “ hydromorphone, morphine ”; and
(b) by inserting after Item 107 the following Item:—
“ 107a | Phencyclidine hydrochloride (1-(1-Phenylcyclohexyl) piperidine hydrochloride) and preparations containing phencyclidine hydrochloride ”. |
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1970 No. 106, made under the Customs Act 1901-1968, were enacted to address the need for updating and clarifying the regulations governing the export of prohibited goods. The Customs (Prohibited Exports) Regulations were amended to ensure the Customs Act remained effective in controlling the export of certain substances, particularly those related to narcotics and controlled substances, in line with international obligations and national policy. The policy objective was to tighten the control over the export of substances that could be harmful or illicit, thereby aligning Australian regulations with global standards for the export of controlled substances. These regulations were enacted by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the legislative authority of the Australian Parliament in regulating international trade and customs.
Scope and Application
The Customs (Prohibited Exports) Regulations 1970, as amended, apply to all persons and entities within the Commonwealth of Australia who seek to export goods that are listed as prohibited in the Regulations. This legislation is designed to control and restrict the export of certain items that are deemed harmful or otherwise restricted in nature. The Regulations specify the types of goods that cannot be exported without the prior consent of the Minister. These goods include cannabis and its derivatives, substances similar to cannabis, diacetylmorphine (heroin) and its derivatives, as well as other specified substances. The Regulations have a national reach, applying to all exports from Australia. The scope of the Regulations can be extended or further defined through subordinate instruments, which may provide additional clarification or impose stricter controls on specific items. Notably, the Regulations exclude any exports that are not listed as prohibited, thereby allowing the export of other goods subject to standard customs procedures and controls.
Key Provisions
The Statutory Rules 1970 No. 106, made under the Customs Act 1901-1968, amend the Customs (Prohibited Exports) Regulations in several significant ways. Section 1 of the First Schedule removes Item 1 and modifies Item 9 by omitting references to potable spirits and liqueurs. The Second Schedule undergoes more substantial changes, replacing its heading to clarify that the exportation of certain goods is prohibited unless the Minister's consent is obtained first (Section 2(a)). It also replaces Items 3aa and 3a with new items that list various substances related to cannabis, substances derived from cannabis, and other controlled substances (Section 2(b)). These include cannabis in various forms, cannabis resin, substances derived from cannabis, coffee, diacetylmorphine (heroin) and its related salts and preparations. Section 3 of the Eighth Schedule modifies Item 37 by substituting "hydromorphone, morphine" for "hydromorphone-morphine" and adds a new Item 107a, which prohibits the exportation of phencyclidine hydrochloride and preparations containing it.
These amendments impose strict obligations on parties involved in the exportation of the listed goods. Exporters must ensure they have obtained the necessary consent from the Minister before attempting to export any of the prohibited items. This requirement applies to all forms of cannabis, including resin, leaves, and seeds, as well as substances derived from cannabis and those that mimic its effects. Additionally, specific narcotics like diacetylmorphine (heroin) and phencyclidine hydrochloride are added to the list of prohibited exports. Failure to comply with these regulations could result in severe consequences.
Breaching these export restrictions can lead to significant legal repercussions. The Customs Act 1901-1968 stipulates that unauthorised exportation of prohibited goods is an offence. The penalties for such breaches can include substantial fines and imprisonment. For instance, under Section 133 of the Customs Act, individuals found guilty of exporting prohibited goods without consent can face fines of up to $275,000 and imprisonment for up to 10 years. Additionally, corporations can incur penalties of up to $1,375,000 for similar offences. The severity of these penalties underscores the importance of adhering to the regulations and obtaining the requisite approvals before exporting any of the listed items.