EXPLANATORY STATEMENT
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 146
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.”.
The Customs (Prohibited Exports) Regulations (the Regulations), impose restrictions on goods specified in Schedules to the Regulations, by prohibiting exportation absolutely, or subject to the permission of a specified Minister of State.
Regulation 13E prohibits the exportation of goods specified in Gazette No. P6 of 23 March 1989 (“COCOM” goods, ie. “dual-use” technology goods; military and civilian), without a permission or licence granted by the Minister for Defence.
The latest revision of the Gazette, No. P11 of Friday 2 March 1990 contains all the changes resulting from decisions taken by the Co-ordinating Committee for Multilateral Export Controls (“COCOM”) Committee during the 12 months up to February 1990. (A summary of the major features of the revision appears in the Attachment to this Statement).
As a member of COCOM it is now appropriate that Australia pass legislation in terms which will prohibit, without permission, the exportation of the revised list of goods.
This Statutory Rule amends subregulation 13E(2) to substitute a reference to the revised Gazette, and thereby make that revised list subject to the export controls contained in the regulations.
(S.R. 92/90)
Summary of Changes
The proposed Gazette No. P11 dated Friday 2 March 1990 differs from its predecessor No. P6 dated 23 March 1989 in three significant areas of technology and relaxes controls in a number of other less significant technologies. The three significant changes are:
a. The decontrol of personal computers up to a Processing Data Rate of 69 million bits per second vice the previous limit of 6.5 million bits per second. The effect of this decontrol is to recognise the free market availability of these personal computers which are in common usage in the domestic and small business sectors.
This decontrol should remove a significant administrative load from Australian exporters.
b. The removal of the following Items:
Item Description
1133 (Valves, cocks and regulators made of Titanium alloy);
1142 (certain fluorocarbon tubing);
1352 (nozzles, dies and extruder barrels for the processing of certain fluorocarbon material);
1649 (Niobium based alloys);
1658 (Molybdenum alloys);
1670 (Tantalum and its alloys);
1671 (Titanium alloys); and
1674 (Vanadium and its alloys).
The decontrol of these goods is not likely to impact greatly on Australian business and is more an indicator or their greater world wide availability.
c. The addition of new Item 1302 (specially designed nozzles for the handling of pyrolitically derived materials). This technology is highly specialised and affects the more sophisticated aerospace industry.
The control is unlikely to impact significantly on Australian industry.