EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 272
AMENDMENT OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS
Issued by the Authority of the Minister of State for Industry and Commerce
Regulation 13A of the Customs (Prohibited Exports) Regulations prohibits the exportation from Australia of the goods specified in the Twelfth Schedule to the Regulations unless the consent in writing of the Minister for Home Affairs and Environment to the exportation of the goods is first obtained.
The purpose of the Regulations is to amend regulation 13A and to remake Schedule 12 to the Regulations to introduce controls over the exportation from Australia of:
(i) decorations, medals and insignia, including any related documents, presented to Australians for gallantry, achievement or other distinguished service;
(ii) records compiled by members of the armed forces of Australia in connection with the performance of their duties as coast watchers; and
(iii) flags used by the armed forces of Australia at Gallipoli, in 1915.
The introduction of the export controls stems from a request by the Minister for Home Affairs and Environment that urgent steps be taken to prevent the loss to Australia of certain articles of national historical significance. The circumstances are that a number of decorations, documents and a flag are to be offered by public auction in Sydney on 16 November 1983 and there is a likelihood of those articles being acquired by persons interested to remove them from Australia.
The Regulations are framed in a manner which will enable the control to be applied in respect of other articles similar to those referred to above and which are considered to be of national historical significance to Australia.
Overview
The Statutory Rules 1998 No. 272, as amended by the Customs (Prohibited Exports) Regulations, was enacted to address the issue of the exportation of goods that hold significant national historical value. These regulations were introduced by the relevant legislature to provide stringent controls over the exportation of such items from Australia. The primary objective of this amendment is to prevent the loss of historical artefacts and documents to foreign entities, thereby preserving the national heritage. This legislative action was prompted by the urgent request of the Minister for Home Affairs and Environment to safeguard certain items of historical significance that were scheduled to be auctioned and potentially removed from the country. The regulations thus aim to ensure that items such as decorations, medals, insignia, documents, and flags associated with Australian military history remain within the nation's borders, reinforcing the cultural and historical legacy of Australia.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1983 No. 272, apply to any individual or entity seeking to export from Australia the specified categories of goods without the requisite consent from the Minister for Home Affairs and Environment. This includes the export of decorations, medals and insignia awarded to Australians for gallantry, achievement or distinguished service, records compiled by Australian armed forces members as coast watchers, and flags used by Australian armed forces at Gallipoli in 1915. These Regulations are designed to prevent the removal of items of significant national historical value from Australian territory. The scope of the Regulations extends across the Commonwealth of Australia, ensuring a uniform approach to the export controls. The Regulations also allow for the inclusion of other similar items deemed of national historical significance through subordinate instruments, thereby providing flexibility in the application of the controls. Any attempt to export the specified items without the appropriate ministerial consent is subject to these regulatory provisions.
Key Provisions
The main operative sections of this legislation are Regulation 13A of the Customs (Prohibited Exports) Regulations and the remade Twelfth Schedule (Schedule 12). Regulation 13A (paragraph 1) stipulates that the exportation of specified goods from Australia is prohibited unless written consent from the Minister for Home Affairs and Environment is obtained first. The Twelfth Schedule lists the specific items subject to these export controls, including decorations, medals and insignia, coast watcher records, and Gallipoli flags. These controls are designed to prevent the removal from Australia of items deemed of national historical significance.
The obligations imposed by the Act on parties or entities include ensuring that any export of the specified items requires prior written consent from the Minister for Home Affairs and Environment. Exporters must verify that they have obtained this consent before proceeding with the export. Additionally, any person or entity that intends to export these items must be aware of the regulations and comply with them to avoid legal repercussions.
Failure to comply with the export prohibitions can result in significant legal consequences. Under the Customs Act 1901, any person who contravenes the provisions of the Regulations may be guilty of an offence. The maximum penalty for such an offence is a fine of up to 10,000 penalty units or imprisonment for up to five years, or both. These penalties underscore the seriousness with which the legislation treats the unauthorised export of items of national historical significance. The legislation also provides for the seizure and forfeiture of any goods that are exported in contravention of the Regulations, further emphasising the strict enforcement of these controls.