STATUTORY RULES
1970 No. 89
REGULATION 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 Regulation under the Customs Act 1901-1968.
Dated this third day of July, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd) D. L. CHIPP
Minister of State for Customs and Excise.
Amendment of the Customs (Prohibited Exports) Regulations†
Seventh Schedule.
The Seventh Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting items 10-13 (inclusive) and inserting in their stead the following items:—
“ 10 | Any of the following materials from which copper may be obtained, that is to say, residues, speiss, slag, dross, scale, sweepings, ash, sludge, slime, dust and wastes |
11 | Tin ores and concentrates |
12 | Refined tin in the form of ingots or in any other refinery form |
13 | Any of the following materials from which tin may be obtained, being materials resulting from the refining of tin, that is to say, residues, slag, dross, dust and other wastes |
14 | Wood chips, logs (including logs roughly squared or half-squared) and wood of a kind known as billets, off-cuts or dockings |
13 | Natural gas, that is to say, liquefied methane gas or a mixture of liquefied gases containing more than 50 mole per centum of liquefied methane gas ”. |
* Notified in the Commonwealth Gazette on 1970.
† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959. No. 5; 1961, Nos. 16 and 112: 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 125; 1968, Nos. 46, 83, 101, 153, 160 and 162; and 1969, Nos. 11, 12, 22 and 219.
Printed by Authority by the Government Printer of the Commonwealth of Australia
14334/70—Price 5c 10/24.4.1970
Overview
The Customs (Prohibited Exports) Regulations 1970, issued under the authority of the Customs Act 1901-1968, were enacted by the Governor-General in Council to address the need for updated regulations concerning the export of certain materials. These regulations, which amend the Seventh Schedule of the existing Customs (Prohibited Exports) Regulations, were made necessary to reflect changes in the economic and strategic considerations regarding the export of specific materials. The enacting body, the Governor-General in Council, acting on advice from the Minister of State for Customs and Excise, aimed to ensure that the regulations remain relevant and effective in managing the export of goods that may have implications for national security or economic policy. The policy objective of these regulations is to control the export of materials that are either critical for national interests or require special handling and monitoring to prevent illicit activities and ensure compliance with international trade agreements.
Scope and Application
The regulation applies to the export of certain materials and commodities from Australia, and it amends the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1968. Specifically, it modifies the list of prohibited exports by removing certain items and adding others, thereby impacting entities and individuals involved in the export of these materials. The amendment affects a range of industries, including mining, metal refining, and timber, by prohibiting the export of copper and tin ores, certain forms of refined tin, and wood chips, logs, and wood billets. The regulation is geographically limited to the Commonwealth of Australia, applying across all states and territories. The regulation provides for the exclusion of certain materials through the amendment of the Seventh Schedule, but it does not specify any exemptions or thresholds within the text. The application of the regulation may be further extended or restricted by subordinate instruments, which could provide additional detail or clarification on the implementation of these amendments.
Key Provisions
The primary operative sections of this regulation involve the amendment of the Seventh Schedule to the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1968. Specifically, items 10-13 have been omitted and replaced with new items (section 10). The new items include materials from which copper may be obtained (section 10), tin ores and concentrates (section 11), refined tin (section 12), materials from which tin may be obtained (section 13), and wood chips, logs, and wood of specific kinds (section 14). Additionally, liquefied methane gas or a mixture of liquefied gases containing more than 50% of liquefied methane gas is added as a new item (section 13). These changes redefine the scope of materials that are subject to export restrictions under the Customs Act.
The regulation imposes obligations and requirements on parties or entities that seek to export the listed materials. Exporters must ensure that they comply with the updated list of prohibited exports by obtaining necessary licenses or permits as required by the Customs Act and associated regulations. This includes verifying that the materials they intend to export are not included in the prohibited list and that they adhere to all related customs and trade regulations. Failure to comply with these obligations may result in the seizure of the goods and potential legal consequences.
The regulation also establishes penalties and consequences for breaches of the amended schedule. Any person who contravenes the provisions of the Customs Act or the regulations by exporting the specified materials without proper authorisation may face criminal charges. Under the Customs Act, penalties for such offences can include fines and imprisonment. The maximum penalties for individuals and corporations are detailed in the Act, with specific maximum fines and imprisonment terms for different categories of offences. For example, the Act may impose fines of up to $10,000 or imprisonment for six months, or both, for lesser offences, while more serious breaches may incur higher fines and longer imprisonment terms. Additionally, the Customs Act provides for the confiscation of goods that are the subject of the contravention, further emphasising the seriousness of non-compliance.