EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1989 NO. 264
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
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.
The Statutory Rules contain two amendments to the Regulations which:
i) remove an existing anomaly from the Regulations; and
ii) remove sugar from export controls.
Background
i) Definition of “Petroleum” and “Petroleum Products”
Sub-regulation 2A(2) of the Regulations defines “petroleum” and “petroleum products” by reference to sub-regulation 9(4). However, sub-regulation 9(4) was removed from the regulations by Statutory Rules No. 317 of 1987, as a consequence of the Government’s Decision that crude oil and its associated products (except liquefied petroleum gas and liquefied natural gas) be free of export controls (with the exception of sales to South Africa). The definition previously contained in sub-regulation 9(4) is now contained in regulation 13C of the Regulations.
Regulation 2 of the Statutory Rules will amend “the Regulations” to remove the definition of “petroleum” and “petroleum products” from sub-regulation 2A(2).
ii) Third Schedule Amendment
Regulation 5 of “the Regulations” provides, inter alia, that the exportation from Australia of goods specified in the Third Schedule is prohibited unless an approval in writing for the exportation of the goods issued by the Minister for Primary Industries and Energy or by an authorised officer is produced to the Collector.
Item 28A of the Third Schedule specifies “Sugar (including plain, coloured and flavoured sugar) and sugar syrups” as being goods which are subject to regulation 5.
Following the removal of the import embargo on sugar from 1 July 1989 and the termination of administered domestic pricing arrangements the Government decided that there is no longer a need for any export controls on sugar. Regulation 3 of the Statutory Rules will amend “the Regulations” to effect this decision by removing the sugar item from export controls.