Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports 1) Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend the Customs (Prohibited Exports) Regulations 1988 to remove an unnecessary export control on horses. The Customs Act 1901 was enacted to regulate the importation and exportation of goods, including animals, to and from Australia. The problem identified was the redundant requirement for an export permit under the Export Control Act 1982, combined with the need for ministerial permission for the exportation of horses, which was seen as administrative duplication. The policy objective was to streamline the exportation process by eliminating this unnecessary control, thereby improving efficiency and reducing bureaucratic burdens on exporters.

Scope and Application

The Customs (Prohibited Exports 1 Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend the Customs (Prohibited Exports) Regulations by removing a specific export control previously imposed on horses. This amendment applies to individuals or entities intending to export horses from Australia, effectively relieving them of the obligation to obtain an export permit under the Export Control Act 1982 and the permission of the Minister of State for Primary Industries and Energy or an authorised officer. The repeal of this control addresses a perceived duplication of administrative efforts and simplifies the export process for horse exporters. These changes apply on a national level, as they pertain to the Commonwealth regulations governing export controls. There are no stated exclusions or exemptions within the scope of these rules, and no specific thresholds are identified; however, other existing regulations and controls may still apply to the export of horses. The amendment does not extend or restrict application beyond the scope of the Customs (Prohibited Exports) Regulations.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1988 (F1996B03511) introduce amendments primarily targeting the removal of an outdated export control on horses. Under the Customs Act 1901, Section 10A of the Third Schedule of the Customs (Prohibited Exports) Regulations previously required that a permit from the Minister of State for Primary Industries and Energy or an authorised officer be obtained for the export of horses. This requirement was deemed redundant following the implementation of the Export Control (Animals) Orders on 1 October 1987, which already required an export permit under the Export Control Act 1982 for any live animal export. Consequently, the amendment repeals this redundant control, simplifying the export process for horses. The amendment imposes specific obligations on entities involved in the export of horses. Firstly, the removal of the requirement for a separate permit under the Customs Act 1901 means that exporters of horses need only obtain the general export permit under the Export Control Act 1982. This change eliminates the need for dual permits, streamlining the administrative process and reducing potential overlaps in regulatory oversight. Furthermore, the amendment ensures that the regulatory framework for animal exports remains efficient and non-redundant. The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1988 also address potential legal implications and penalties for non-compliance. Although the amendment primarily seeks to remove an outdated requirement, it is essential to note that failure to comply with the necessary export permit requirements under the Export Control Act 1982 could result in civil or criminal penalties. Specifically, under Section 36 of the Export Control Act 1982, a person who contravenes any provision of the Act may be liable to a fine of up to $22,200 for an individual and up to $111,000 for a body corporate, as well as potential imprisonment. These penalties underscore the importance of adhering to the prescribed export permit procedures to avoid legal repercussions.