Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 258
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 258
Issued by the Authority of the Minister for Science and Small Business
Customs Act 1901
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, be regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by subsection (1) may be exercised - ..(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2) Without limiting the generality of subparagraph (2)(c), the regulations - ...(a) may provide that the exportation of 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; ...".
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of 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 Minister or a specified person.
Regulation 13C of the Regulations prohibits the exportation of goods from Australia to the Republic of South Africa as specified in Schedule 14 of the Regulations unless an approval in writing to the exportation of the goods issued by the Minister for Foreign Affairs and Trade or an authorised person is produced to a Collector of Customs.
On 25 September 1993, the Government announced the lifting of trade and investment sanctions against the Republic of South Africa. In order to implement the lifting of the sanctions, the following proposed regulations are considered necessary to amend the Regulations.
Proposed regulation 3 omits the following Items from Schedule 14 of the Regulations:
1. Item 3, which refers to computer hardware, including central processing units;
2. Item 5, which refers to printed circuit board assemblies suitable for use in or with goods referred to in item 3; and
3. Item 8, which refers to crude oil, petroleum and petroleum products.
The permission of the Minister for Foreign Affairs and Trade, or an authorised person, will no longer be required to be produced to a Collector in relation to the exportation of the goods referred to in these Items.
Proposed regulation 2 omits subregulation 13C(3) which defines the term "petroleum", "petroleum product" and "petroliferous mineral" for the purposes of item 8 in Schedule 14 and is consequential on the proposed omission of that item.
The proposed Regulations will commence gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 258 was enacted to align with the Australian Government's decision to lift trade and investment sanctions against the Republic of South Africa. This amendment to the Customs (Prohibited Exports) Regulations, issued under the authority of the Minister for Science and Small Business, aims to remove specific export restrictions previously imposed on certain goods destined for South Africa. The Customs Act 1901 grants the Governor-General the power to regulate the export of goods from Australia, including prohibiting exports unless certain conditions are met. These regulations were updated to reflect the change in diplomatic relations and trade policy, thereby facilitating smoother trade relations between Australia and South Africa by removing unnecessary bureaucratic hurdles for exporters.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 258 amends the existing Customs (Prohibited Exports) Regulations under the Customs Act 1901 to reflect the lifting of trade and investment sanctions against the Republic of South Africa. This amendment applies to the export of specified goods to South Africa, which previously required written approval from the Minister for Foreign Affairs and Trade or an authorised person. The amendment removes certain items from Schedule 14, which details goods whose export is either prohibited or subject to specific permissions. These items include computer hardware, printed circuit board assemblies, and crude oil, petroleum, and petroleum products. Consequently, the need for ministerial approval for the export of these goods to South Africa is eliminated. The Regulations' scope is limited to the export of goods listed in Schedule 14, and their amendment reflects the Commonwealth's policy changes regarding trade sanctions with South Africa.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1993 No. 258 amends the existing Customs (Prohibited Exports) Regulations, specifically targeting the exportation of certain goods to the Republic of South Africa. Section 112 of the Customs Act 1901 allows the Governor-General to prohibit the exportation of goods from Australia by regulation, either absolutely or subject to specified conditions. The Regulations, as amended, now exclude certain goods from the list of prohibited exports to South Africa, thereby lifting the requirement for written approval from the Minister for Foreign Affairs and Trade or an authorised person for these specific items. The amendments are outlined in proposed regulation 3, which removes items 3, 5, and 8 from Schedule 14 of the Regulations. These items refer to computer hardware, printed circuit board assemblies, and crude oil, petroleum and petroleum products, respectively.
The Regulations impose obligations on exporters to ensure compliance with the provisions of the Customs Act and the amended Regulations. Exporters of the specified goods to South Africa must ensure that they have the necessary approvals or meet the conditions stipulated in the Regulations. This includes being aware of the changes introduced by the amendment and ensuring that they do not attempt to export the now unrestricted items without the required approvals. The burden is on the exporter to verify that their goods fall within the scope of the amendments and are not subject to any other regulatory restrictions.
Failure to comply with the Customs (Prohibited Exports) Regulations can lead to various civil and criminal consequences. For instance, unauthorised exportation of goods that are still subject to prohibition or restrictions can result in penalties. Under section 158 of the Customs Act, an offender can be fined up to 10,000 penalty units or imprisonment for up to five years, or both, for each offence. Additionally, any goods that are exported in breach of the Regulations may be subject to seizure and forfeiture under section 160 of the Act. The precise penalties are determined by the severity of the breach and the discretion of the court.