Statutory Rules
1981 No. 149
REGULATIONS UNDER THE CUSTOMS ACT 19011
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.
Dated this seventeenth day of June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
_________
AMENDMENTS OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS2
Prohibition against export of certain goods
1. Regulation 9 of the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting sub-regulation (2) and substituting the following sub‑regulation:
“(2) This regulation applies to the goods specified in the Seventh Schedule, other than goods that are specified in, or included in a class of goods specified in, the Ninth Schedule.”; and
(b) by omitting from sub-regulation (4) “For the purposes of paragraph (c) of sub-regulation (2)”and substituting “For the purposes of Item 12 in the Seventh Schedule”.
Seventh Schedule
2. After the Sixth Schedule to the Customs (Prohibited Exports) Regulations the following Schedule is inserted:
SEVENTH SCHEDULE Regulation 9
GOODS THE EXPORTATION OF WHICH IS PROHIBITED
UNLESS THE PERMISSION OF THE MINISTER OF STATE FOR TRADE
AND RESOURCES OR AN AUTHORIZED OFFICER IS
PRODUCED TO THE COLLECTOR
Item No. | Description of goods |
1 | Alumina |
2 | Bauxite |
3 | Coal (including lignite), whether raw, washed, briquetted or slurried |
4 | Ores containing copper, whether or not they have been subjected to processing or treatment; mineral or metallic substances produced in the course of processing or treatment of those ores; copper anodes, copper cathodes, copper ingots, copper rods, copper scrap and copper refinery shapes in the form of ingots, wire bars, billets, cakes, rolling blocks or ingot bars; copper alloys in the form of ingots, billets, cakes, rolling blocks or ingot bars and copper alloy scrap; substances (being residues, speiss, slag, dross, scale, sweepings, ash, sludge, slime, dust and wastes) produced in the course of the processing and treatment of copper and copper alloys; copper sulphate; copper oxide |
5 | Ilmenite concentrates, including beneficiated ilmenites |
6 | Iron ore, beneficiated iron ores, iron ore concentrates and agglomerates of iron ore |
7 | Lead ores and concentrates, crude lead, slag and other residues |
8 | Leucoxene concentrates |
9 | Manganese ores, beneficiated manganese ores, manganese concentrates and agglomerates of manganese |
10 | Monazite concentrates |
11 | Nickel ores and concentrates, nickel matte, nickel oxide sinters, nickel cobalt sulphide and other intermediate products of nickel metallurgy |
12 | Petroleum and petroleum products |
13 | Rutile concentrates and flour |
14 | Common salt in bulk |
15 | Tin ores and concentrates, slag and other residues containing tin and resulting from the refining of tin, unwrought refined tin |
16 | Tungsten ores and concentrates |
17 | Xenotime concentrates |
18 | Zinc ores and concentrates, slag and other residues |
19 | Zircon concentrates and flour |
1. Notified in the Commonwealth of Australia Gazette on 23 June 1981.
2. Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 49 and see also Statutory Rules 1981 Nos. 49, 72 and 86
Overview
The Customs (Prohibited Exports) Regulations 1981, as amended by Statutory Rules 1981 No. 149, were enacted to address the need for more stringent control over the export of certain goods from Australia. This was necessary to protect national interests, including environmental concerns, security interests, and the economic impact of the uncontrolled export of strategic materials. The Regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority granted by the Customs Act 1901. The policy objective was to ensure that the export of specified goods, which included raw materials and ores of various minerals, was subject to ministerial oversight, thereby preventing the unauthorised export of materials that could be detrimental to Australia's national interests.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended, pertain to the exportation of specific goods from Australia, operating under the overarching authority of the Customs Act 1901. These regulations apply to natural and processed raw materials, including minerals and ores, coal, petroleum products, and other industrial substances, all of which are outlined in the Seventh Schedule of the Regulations. The prohibition on exporting these goods without the requisite permission from the Minister of State for Trade and Resources or an authorised officer is central to the Act's operation. This permission requirement ensures that the export of these materials is tightly controlled and monitored, reflecting broader national economic and strategic interests. The application of the Act is nationwide, encompassing all territories under the Commonwealth's jurisdiction, and it extends to all entities and individuals involved in the exportation of the specified goods.
The Act does not apply to goods that are listed or classified in the Ninth Schedule, which presumably includes items not subject to the same level of export control. Furthermore, the Regulations may be further defined or modified through subordinate instruments, allowing for adjustments to the list of prohibited goods or the criteria for obtaining export permissions as necessary. This comprehensive regulatory framework underscores the importance of controlling the flow of critical resources out of Australia, balancing economic considerations with national security and strategic objectives.
Key Provisions
The Customs (Prohibited Exports) Regulations, amended by Statutory Rules 1981 No. 149, introduce specific provisions regarding the export of certain goods from Australia. The key operative section is Regulation 9 (1), which identifies the goods the export of which is prohibited unless permission from the Minister of State for Trade and Resources or an authorised officer is presented to the Collector. These goods are detailed in the Seventh Schedule, with specific exceptions noted in the Ninth Schedule (Regulation 9 (2)). The Seventh Schedule lists various raw materials and processed substances, such as alumina, bauxite, coal, ores containing copper, iron ore, lead ores, manganese ores, petroleum products, and others, all of which are subject to the export prohibition unless specific permission is obtained.
The obligations imposed by these regulations primarily concern the parties involved in the export of the specified goods. Exporters must ensure that they have the requisite permission from the Minister or an authorised officer before attempting to export the listed goods. This requirement is detailed in Regulation 9 (2) and necessitates the presentation of the appropriate documentation to the Collector. Failure to comply with this regulation may result in the refusal of export clearance and potential legal consequences.
Breaches of these regulations can lead to various civil and criminal consequences. The specific penalties for non-compliance are not detailed within the provided text, but generally, under the Customs Act 1901, penalties can include fines and imprisonment. The severity of these penalties would depend on the nature and extent of the breach, as well as any aggravating factors. It is essential for exporters to adhere to these regulations to avoid the potential legal ramifications associated with the illegal export of prohibited goods.