Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 21, made under the Customs Act 1901, were introduced to amend the Customs (Prohibited Exports) Regulations. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these amendments was to update the regulatory framework governing the export of certain goods to ensure alignment with the evolving responsibilities and names of relevant ministers, specifically the Minister of State for Trade and Resources and the Minister of State for Science and the Environment. The changes include modifying references to these ministers in the regulations and updating the schedules to reflect new items subject to export restrictions.

Scope and Application

These Regulations made under the Customs Act 1901 apply to all exports from Australia that are subject to the provisions of the Customs (Prohibited Exports) Regulations. They specifically govern the export of certain goods that are considered sensitive or restricted, requiring approval from the Minister of State for Trade and Resources or the Minister of State for Science and the Environment. The Regulations have a nationwide reach, applying to all exports from any part of Australia. However, they do not apply to goods that are specifically exempted or excluded from the list of prohibited exports, such as those items that have been omitted or substituted in the various schedules of the Regulations. The scope of the Regulations can be extended or modified through subordinate instruments, allowing for updates to the list of prohibited exports or the addition of new categories as necessary.

Key Provisions

The Statutory Rules 1980 No. 21, which amend the Customs (Prohibited Exports) Regulations, introduce significant changes that pertain to the exportation of certain goods. Regulation 12 of the Customs (Prohibited Exports) Regulations is altered (regulation 1), where the term "Overseas Trade" is replaced with "Trade and Resources" (regulation 2). Similarly, Regulation 13A of the Customs (Prohibited Exports) Regulations is amended (regulation 3) to replace "Science" with "Science and the Environment" (regulation 4). The Third Schedule to the Regulations is also amended, with the removal of Items 2, 3, 8, 14, 19, 28, and 29, while inserting new items such as "Maize", "Meat and bone meal and meat meal", and "Oats" (regulation 5). Furthermore, the headings of the Tenth and Twelfth Schedules are changed from "OVERSEAS TRADE" to "TRADE AND RESOURCES" and from "SCIENCE" to "SCIENCE AND THE ENVIRONMENT" respectively (regulations 6 and 7). These amendments impose obligations on exporters and importers to comply with the updated regulations regarding the export of prohibited goods. Exporters must ensure that they obtain the necessary approval from the Minister of State for Trade and Resources or the Minister of State for Science and the Environment before exporting goods that are now subject to the revised regulations. This involves providing detailed information about the goods and the intended destination, and adhering to any specific conditions that may be imposed by the relevant Minister. Importers, on the other hand, must verify that any imported goods comply with the updated regulations and do not include items that have been prohibited or restricted. Failure to comply with these regulations can result in severe consequences. The Customs Act 1901, under which these Regulations are made, provides for both civil and criminal penalties for breaches. For example, the export of prohibited goods without the required approval can result in a civil penalty, with the maximum penalty varying based on the severity of the breach. Additionally, if the breach is found to be deliberate or involves significant quantities of the prohibited goods, it may also attract criminal penalties, including fines and imprisonment. The exact penalties are determined by the courts and can vary depending on the circumstances of each case.