Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 50
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 50
Issued by the Authority of the Minister for Small Business 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 the last preceding subsection 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; and..."
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making exportation subject to the permission of a Minister or a specified person.
Regulation 9 of the Regulations controls the exportation of the commodities listed in Schedule 7 by providing that the exportation of such commodities is prohibited unless a permission in writing to export the goods has been granted by the Minister for Primary Industries and Energy or an authorised person and that permission is produced to a Collector. Item 11 of Schedule, 2 extends those export controls to liquefied natural gas.
To implement the Government's policy to remove export controls from this commodity these Regulations omit item 11 from Schedule 7 to the Regulations (regulation 2.1 refers).
The Regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 50 were enacted to amend the Customs (Prohibited Exports) Regulations and address the need to adjust export controls on specific commodities in alignment with government policy. Issued under the authority of the Minister for Small Business and Consumer Affairs, these regulations specifically target the removal of export restrictions on liquefied natural gas. This amendment was made to facilitate the export of liquefied natural gas by omitting item 11 from Schedule 7 of the Regulations, thereby aligning with the government's policy objective to liberalise the export controls on this particular commodity. The Regulations came into effect immediately upon their gazettal, ensuring a prompt adjustment to the export control framework.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 50 applies to the exportation of goods from Australia and is an amendment to the Customs (Prohibited Exports) Regulations 1996. It is administered under the authority of the Minister for Small Business and Consumer Affairs and pursuant to Section 112 of the Customs Act 1901, which provides the Governor-General the power to prohibit the exportation of goods from Australia, either absolutely or subject to specified conditions or restrictions. The Regulations apply to any person or entity attempting to export goods from Australia that are listed in Schedule 7 of the Regulations or are subject to specific export controls as outlined. This includes individuals, businesses, and other entities engaged in the export of these goods. The geographic reach of these Regulations is national, applying across all states and territories of Australia. However, the application may be extended or restricted through subordinate instruments as specified by the Regulations. These Regulations specifically exempt liquefied natural gas from the export controls previously listed in item 11 of Schedule 7, reflecting the Government’s policy to remove such controls on this commodity. The Regulations came into effect upon gazettal.
Key Provisions
The main operative sections of the Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 50 include Section 112 of the Customs Act 1901, which empowers the Governor-General to prohibit the export of goods from Australia. This section allows for the establishment of regulations that specify conditions or restrictions that must be met before the export of certain goods can occur. Regulation 9 of the Regulations, for instance, mandates that the export of specific commodities listed in Schedule 7 is prohibited unless a written permission to export has been granted by the Minister for Primary Industries and Energy or an authorised person. This permission must be presented to a Collector upon request.
The Customs (Prohibited Exports) Regulations impose specific obligations on parties or entities involved in the exportation of goods. These obligations include obtaining the necessary permissions or licences as required by the Regulations before exporting controlled commodities. For example, entities wishing to export items listed in Schedule 7 must ensure they have obtained written permission from the appropriate authority and that this permission is readily available for inspection by a Collector. Additionally, the Regulations require that any export of commodities previously controlled but now removed from the Schedule must adhere to any new conditions or requirements set forth by the Minister or other specified authorities.
There are potential offences and penalties associated with non-compliance with the Customs (Prohibited Exports) Regulations. Entities that fail to obtain the required permissions or licences for the exportation of controlled goods may be subject to civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, the general legal framework under which the Customs Act operates suggests that breaches could result in fines, imprisonment, or both. The severity of the penalties would depend on the nature and extent of the breach, as well as any aggravating factors present in the specific case.