EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 35
Customs (Prohibited Exports) Regulations (Amendment)
Issued by the Authority of the Minister for Industry and Commerce
Sub-regulation 11 (2) of the Customs (Prohibited Exports) Regulations (‘the Regulations’) provides that the exportation from Australia of the goods specified in the Ninth Schedule to the Regulations is prohibited unless an approval in writing to the exportation of the goods issued by the Minister of State for Trade or by an authorized officer is produced to the Collector.
The purpose of the regulation is to amend the Ninth Schedule to the Regulations at the request of the Minister for Trade to include flash discharge x-ray units.
Australia, like most other industrial countries, has export controls regulating its international nuclear trade. This amendment to the Ninth Schedule reflects the Government’s commitment to an effective non-proliferation regime.
While the Australian industry might not be capable of producing the flash discharge x-ray units, they may be imported for sale. It is therefore possible for these units to be re-exported to third countries without Government knowledge or control.
The addition of flash discharge x-ray units to the Ninth Schedule to the Regulations will allow export control of this item consistent with Australia’s non-proliferation objectives.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984 No. 35, issued under the authority of the Minister for Industry and Commerce, was enacted to address the gap in export control measures concerning flash discharge x-ray units. This amendment to the Customs (Prohibited Exports) Regulations was introduced in response to the potential risk of these units being imported, sold, and subsequently re-exported to third countries without adequate oversight, thereby compromising Australia’s non-proliferation objectives. The policy objective of this regulation is to align Australia’s export controls with international standards and its commitment to an effective non-proliferation regime, ensuring that the export of flash discharge x-ray units is subject to the necessary governmental approval and oversight.
This regulatory amendment seeks to prevent the unauthorised re-export of flash discharge x-ray units, which could have significant implications for national and international security. By incorporating these units into the Ninth Schedule of the Customs (Prohibited Exports) Regulations, the legislation aims to maintain strict control over the export of such sensitive items, ensuring they do not inadvertently contribute to the proliferation of nuclear technology. This amendment reflects the government’s dedication to maintaining stringent export controls that support global non-proliferation efforts.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984 No. 35 applies to any person or entity involved in the export of goods listed in the Ninth Schedule of the Regulations, which now includes flash discharge x-ray units, from Australia. These regulations are applicable nationally and are enforced by the Collector upon presentation of the appropriate approval from the Minister of State for Trade or an authorized officer. The amendment to the Ninth Schedule, made at the request of the Minister for Trade, is in line with Australia’s commitment to an effective non-proliferation regime, particularly concerning international nuclear trade. This regulation ensures that the export of flash discharge x-ray units is controlled, preventing the potential re-export to third countries without proper oversight, thereby aligning with Australia's international obligations. The amendment does not specify any exclusions or exemptions, nor does it provide for extensions or restrictions beyond what is stated in the Regulations.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984 No. 35, under section 11(2), modify the existing prohibitions on the export of specific goods from Australia. This regulation targets the exportation of goods listed in the Ninth Schedule, which now includes flash discharge x-ray units. The amendment aims to align Australia's export control practices with its commitment to a robust non-proliferation regime, particularly in the context of international nuclear trade. To export these specified goods, written approval from the Minister for Trade or an authorised officer is now mandatory, and this approval must be presented to the Collector upon request.
The amendment imposes specific obligations on entities and individuals involved in the exportation of these controlled goods. They are required to ensure that any flash discharge x-ray units intended for export are accompanied by the necessary written approval. This requirement applies regardless of whether the units were manufactured in Australia or imported for the purpose of re-export. The obligation extends to maintaining records and documentation that verify compliance with these export control measures. Failure to produce the required approval when requested could lead to significant legal consequences.
Breaching the provisions of this regulation can result in both civil and criminal penalties. Under the amended regulations, non-compliance with the requirement to present the written approval for the export of flash discharge x-ray units can lead to substantial fines and imprisonment. The exact penalties are not detailed in the explanatory statement, but such breaches are likely to be considered serious under existing customs and export control laws. The potential severity of these penalties underscores the importance of adhering to the regulatory requirements set out in the Customs (Prohibited Exports) Regulations. This stringent approach ensures that Australia's non-proliferation objectives are effectively upheld in its international trade activities.