EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 438
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS
Section 112 of the Customs Act 1901 provides in part that:
“1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
2) The power conferred by sub-section (1) may be exercised -… (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
2A) Without limiting the generality of paragraph (2) (c), the Regulations - … (a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and …”
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the various Regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a specified person or Minister of State.
The proposed Statutory Rules amend the Regulations to remove export controls on liquefied petroleum gas.
Background
Item 20 of Schedule 7 to the Customs (Prohibited Exports) Regulations prohibits the exportation of liquefied petroleum gas and liquefied natural gas unless the permission of the Minister for Primary Industries and Energy is first obtained.
As a result of a Government review of liquefied gas policies, the Government announced on 21 August 1990, the removal of export controls on liquefied petroleum gas and that this would take effect from 1 January 1991. This removal acknowledges the readiness of the LPG industry for deregulation in relation to both prices and export controls and is consistent with this Government’s attention to microeconomic reform.
New regulation 1 provides for the required 1 January 1991 commencement.
New regulation 2 provides that the Customs (Prohibited Exports) Regulations are amended as set out in these Regulations.
New regulation 3 omits Schedule 7 and substitutes a new Schedule 7 which prohibits the exportation of all goods contained in the previous Schedule 7 except for liquefied petroleum gas, which gives effect to the request from the Minister for Resources. The new Schedule 7 is also made more “user-friendly” by renumbering the items contained therein.