Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 48, issued under the authority of the Minister for Small Business and Consumer Affairs, amends the Customs (Prohibited Exports) Regulations to implement a policy decision to remove export controls on certain goods. The Customs Act 1901 grants the Governor-General the power to prohibit the export of goods from Australia, and the Regulations provide a framework for enforcing these prohibitions and controls. Specifically, the amendments address the need to update export regulations to align with current policy objectives by removing certain restrictions. The Regulations, which came into effect upon gazettal, adjust the controls on the export of specified commodities by omitting certain items from Schedule 7, thereby relaxing the export restrictions on these goods. This amendment reflects the Government's policy to streamline and modernise export controls to better facilitate trade and economic activities.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 48 amends the existing Customs (Prohibited Exports) Regulations under the Customs Act 1901. This legislation applies to the exportation of specified goods from Australia, with the primary aim of regulating and controlling the export of certain commodities by imposing restrictions or requiring specific permissions from authorised officials. The Regulations are applicable to any person or entity seeking to export the specified goods, thereby ensuring compliance with the requirements outlined in the Regulations and the Customs Act. The amendment primarily affects the exportation of coal, removing it from the list of commodities that require explicit permission to be exported, as detailed in Schedule 7. The Regulations' jurisdiction extends across Australia, governed by the Commonwealth, and the changes are effective immediately upon gazettal. While the Act and its subordinate Regulations broadly apply to all individuals and entities involved in the exportation of specified goods, specific exclusions or exemptions are not detailed in the provided explanatory statement, though they may be addressed in other parts of the legislative framework.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 48 introduces significant changes to the export controls on certain commodities as outlined in the Customs (Prohibited Exports) Regulations. Specifically, it removes export controls on coal, a commodity previously subject to restrictions under Regulation 9 of the Regulations and Schedule 7 (section 2.1). This amendment aligns with the Government's policy to lift export restrictions on coal, which now means that the exportation of coal is no longer subject to the requirement of obtaining a written permission from the Minister for Primary Industries and Energy or an authorised person. The Regulations came into effect immediately upon gazettal, ensuring that the changes are applied without delay. Under the Customs Act 1901, the Governor-General has the authority to prohibit the exportation of goods from Australia, and this power can be exercised by imposing conditions or restrictions on exports (section 112(1) and (2)(c)). The Customs (Prohibited Exports) Regulations implement this power by specifying which goods are subject to prohibitions and the conditions under which exportation may be permitted. For instance, Regulation 9, previously included in Schedule 7, required exporters to obtain written permission for the exportation of certain commodities, including coal, which had to be presented to a Collector. The amendments remove coal from this list, thereby eliminating the need for such permissions for coal exports. The obligations imposed by the Customs (Prohibited Exports) Regulations are primarily on exporters who must ensure compliance with the regulations in place. Exporters of goods subject to restrictions must obtain the necessary permissions or licences as prescribed by the Regulations. For the commodities listed in Schedule 7, including coal prior to the amendment, exporters were required to secure written permission from the Minister for Primary Industries and Energy or an authorised person and present this permission to a Collector. With the removal of coal from these restrictions, exporters of coal are no longer required to obtain such permissions, thus easing the regulatory burden on them. Failure to comply with the requirements set out in the Customs (Prohibited Exports) Regulations can result in both civil and criminal penalties. Under the Customs Act 1901, non-compliance with export prohibitions can lead to fines, imprisonment, or both. The specific penalties depend on the nature and severity of the breach but can include substantial fines and lengthy periods of imprisonment. The Regulations themselves do not detail the exact penalties, but given the seriousness of contravening export control laws, severe consequences can be expected for violations.