Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1985 were enacted to implement specific economic measures against South Africa in accordance with United Nations Security Council resolutions. This legislation was introduced by the Australian Government as a response to the political and social climate in South Africa during the 1980s. The policy objective of these regulations was to restrict the export of certain goods to South Africa that could potentially be used for repressive purposes, thereby contributing to the broader international effort to apply pressure on the apartheid regime. These regulations were issued under the authority of the Minister of State for Industry, Technology and Commerce, reflecting the government’s commitment to aligning its trade policies with international diplomatic efforts aimed at promoting human rights and opposing apartheid in South Africa.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 378 apply to any person or entity engaged in the exportation of goods from Australia to the Republic of South Africa. Specifically, the regulations are concerned with the exportation of certain specified goods, which include batons, clubs, riot sticks, body armour, computer hardware, handcuffs, printed circuit board assemblies, riot protection shields, and whips. The application of these regulations is national, covering the entire Commonwealth of Australia. The regulations were introduced in response to a government decision to implement economic measures against South Africa in alignment with United Nations Security Council resolutions. The regulations impose a prohibition on the export of listed goods to South Africa unless written permission is obtained from the Minister for Foreign Affairs or an authorized person. This permission must be produced to a Collector of Customs. The regulations extend their application through the insertion of a new regulation 13C and a new Schedule 14 into the existing Customs (Prohibited Exports) Regulations. There are no stated exclusions or exemptions within the regulations themselves, but the scope of application may be further defined by subordinate instruments or ministerial decisions.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 378, issued under the authority of the Minister for Industry, Technology and Commerce, introduce significant changes to the Customs (Prohibited Exports) Regulations in response to the Government's decision in August 1985 to implement selective economic and other measures against South Africa in alignment with United Nations Security Council resolutions. The primary operative sections of these regulations are regulation 1, which defines "Principal Regulations" as the Customs (Prohibited Exports) Regulations, and regulation 2, which inserts a new regulation 13C into these Principal Regulations (regulation 2). Regulation 13C is further detailed in sub-regulation 13C(1), which defines the term "authorized person," and sub-regulation 13C(2), which establishes the prohibition on exporting specified goods to South Africa without the appropriate written permission (regulation 2(1) and (2)). The obligations imposed by these regulations are straightforward but stringent. Any person or entity wishing to export the specified items listed in Schedule 14 from Australia to the Republic of South Africa must obtain written permission from the Minister for Foreign Affairs or an authorized person (regulation 2(2)). This permission must be presented to a Collector of Customs before the export can proceed. The specified goods include various items such as batons, clubs, riot sticks, body armour, computer hardware, handcuffs, printed circuit board assemblies, riot protection shields, and whips (Schedule 14). Failure to comply with this requirement can result in severe consequences. Non-compliance with these regulations can lead to significant penalties and legal consequences. The primary offence under these regulations is the unauthorized exportation of the specified goods to South Africa. The Act does not explicitly state the maximum penalties for such breaches; however, given the context and the seriousness of the measures against South Africa, it is likely that the penalties could be severe, potentially including fines and imprisonment. The precise penalties would depend on the specific legal framework within which these regulations operate, including any relevant federal or state laws that might apply. Civil or criminal liability may also arise for any party found to be in breach of these export prohibitions, reinforcing the importance of strict adherence to the regulatory requirements.