Customs (Prohibited Exports) Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1998B00195 Regulations Not in force Legislative Instrument

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Custom (Prohibited Exports) Regulations (Amendment) 1998 No. 211

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 211

Issued by the Authority of the Minister for Customs and Consumer Affairs

Customs Act 1901

Custom (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: ... (b) by prohibiting the exportation of goods to a specified place; or (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 Customs (Prohibited Exports) Regulations ("the Regulations") control the exportation of the goods specified in the various regulations (or identified in a list made under section 11-1 of the Act) or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or an authorised person.

These regulations lift the sanctions imposed against Sierra Leone relating to the sale or supply of petroleum and petroleum products in accordance with United Nations Security Council ("UNSC") Resolution 1156 of 16 March 1998. In addition, certain technical amendments have been made to the Regulations.

Background

Regulation 13CH of the Regulations previously controlled the exportation of petroleum. or a petroleum product, and paramilitary equipment and spare parts, to Sierra Leone. These controls were introduced to give effect to the sanctions imposed by UNSC Resolution 1132 of 8 October 1997. These sanctions were imposed because the military junta. which seized power after the coup of 25 May 1997, had not taken steps to allow the restoration of the democratically-elected Government and a return to Constitutional order.

As the democratically elected Government of Sierra Leone has now been restored, the UNSC decided that the sanctions relating to petroleum and petroleum products should now be lifted (paragraph 2 of UNSC Resolution 1156 of 16 March 1998). The other prohibitions are to be reviewed (paragraph 4 of UNSC Resolution 1156 of 16 March 1998).

These amendments to the Regulations have been made in accordance with Australia's obligations as a member of the United Nations to accept and implement decisions of the Security Council.

The Regulations are explained in greater detail in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

Regulation 1 - Commencement

Subregulation 1.1 provided for the Regulations to commence on gazettal.

Regulation 2 - Amendment

Subregulation 2.1 provided that the Customs (Prohibited Exports) Regulations ("the Regulations') have been amended as set out in these regulations.

Regulation 3 -Regulation 13CE (Exportation of certain goods to Angola)

Subregulation 3.1 amended the definition of "petroleum" in subregulation 13CE(5) to correct an error. The term "hydrogen sulphate" has been replaced with the correct term "hydrogen sulphide".

Regulation 4 - Regulation 13CH (Exportation of paramilitary equipment to Sierra Leone)

Subregulation 4.1 omitted subregulations 13CH(1), (2) and (3). These subregulations dealt with the control of the exportation of petroleum and petroleum products to Sierra Leone.

Subregulation 4.2 omitted the definitions of "authorised person", "petroleum" and "petroleum product". These terms are no longer required given the omission of subregulations 13CH(1), (2) and (3).

The effect of these amendments is that the only controls remaining in place under regulation 13CH are the absolute prohibition on the exportation of paramilitary equipment (and spare parts for such equipment), the immediate or final destination of which is, or is intended to be, Sierra Leone. The title of regulation 13CH has been amended accordingly.

These amendments give effect to UNSC Resolution 1156 of 16 March 1998.

Regulation 5 - Regulation 13H (Certain applications to be referred)

Subregulations 5.1, 5.2 and 5.3 effected technical amendments to regulation 13H consequential to the removal of the permission granting powers in regulation 13CH. In addition, these amendments effected the removal of the references to regulation 13CC, as this regulation was repealed by Statutory Rules No. 282 of 1996, and so these references were inappropriate.

 

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1998 No. 211 were issued under the authority of the Minister for Customs and Consumer Affairs and are an amendment to the Customs Act 1901. These regulations were enacted to address the need to align Australian export controls with the changing political situation in Sierra Leone, specifically in response to the United Nations Security Council Resolution 1156 of 16 March 1998. The primary policy objective is to ensure that Australia's export control measures comply with international sanctions and resolutions, particularly those imposed by the United Nations. These amendments reflect Australia’s commitment to international cooperation and the enforcement of global sanctions aimed at maintaining peace and security. The regulations lift the sanctions imposed against Sierra Leone concerning the sale or supply of petroleum and petroleum products, in line with the UNSC Resolution 1156. Additionally, they include technical amendments to the Customs (Prohibited Exports) Regulations to ensure consistency and accuracy in the regulatory framework. The amendments also involve correcting terminologies and removing outdated references, thereby streamlining the regulatory process. These changes are effective from the date of gazette, ensuring immediate compliance with the updated international obligations.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1998 No. 211 apply to the exportation of goods from Australia, specifically targeting certain goods in relation to Sierra Leone, under the authority of the Minister for Customs and Consumer Affairs and in accordance with the Customs Act 1901. The primary amendment lifts the sanctions imposed on the exportation of petroleum and petroleum products to Sierra Leone, in alignment with the United Nations Security Council Resolution 1156 of 16 March 1998, which followed the restoration of the democratically elected government in Sierra Leone. The Regulations also include technical amendments to ensure the alignment of the legislative framework with current obligations and circumstances. These regulations apply nationally across Australia and are subject to modifications through subordinate instruments as required to implement international sanctions or other policy changes.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) 1998 No. 211 introduces several key changes to the existing Regulations under the Customs Act 1901. These amendments primarily pertain to the lifting of certain export sanctions against Sierra Leone in compliance with United Nations Security Council Resolution 1156 of 16 March 1998. Section 112 of the Customs Act 1901 allows the Governor-General to prohibit the exportation of goods from Australia, and these Regulations provide the framework for such prohibitions. Regulation 13CH, which previously controlled the exportation of petroleum and paramilitary equipment to Sierra Leone, has been amended to reflect the lifting of sanctions on petroleum and petroleum products, while maintaining the prohibition on paramilitary equipment. These amendments impose specific obligations on parties or entities involved in the export of goods. For instance, under the new Regulation 13CH, any person or entity wishing to export goods still subject to prohibition must comply with the remaining restrictions, specifically the absolute prohibition on the exportation of paramilitary equipment to Sierra Leone. Additionally, any applications for permission to export goods that were previously subject to the sanctions must now be handled under the amended Regulation 13H, which has been modified to reflect the changes in Regulation 13CH. Failure to comply with these Regulations can result in significant legal consequences. Breaches of the amended Regulations may lead to criminal or civil penalties, depending on the nature and severity of the violation. For instance, knowingly or recklessly exporting prohibited goods could result in criminal charges, with potential penalties including fines and imprisonment. Civil penalties may also be applicable, where the breach results in a contravention of the Act, potentially leading to substantial financial penalties. The exact penalties would be determined based on the specific circumstances of the breach and the discretion of the court or relevant authority.

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