EXPLANATORY STATEMENT
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1988 NO. 195
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
The Customs (Prohibited Exports) Regulations (“the Regulations”), made under the Customs Act 1901, 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 Second, Fifth and Twelfth Schedules to the Regulations include references to articles which are significant to Australia’s cultural heritage.
Background
Until now, the Regulations have prohibited the export of certain culturally significant articles listed in the Schedules to the Regulations.
The protection of these articles is proposed to be transferred to the Protection of Movable Cultural Heritage Regulations, by an amendment to those regulations proposed to commence on 1 August 1988. This will render the Regulations superfluous, insofar as they relate to culturally significant articles.
This Statutory Rule removes the superfluous regulations with effect from 1 August 1988, and effects several drafting refinements to the Regulations.
Details of the amendments are as follows:
Regulation 1 provides for the amendments to commence on 1 August 1988, the date of commencement of amendments to the Protection of Movable Cultural Heritage Regulations.
Regulation 2 is a formal machinery provision, to refer to the Customs (Prohibited Exports) Regulations as the “Principal Regulations”.
Regulation 3 repeals regulation 4 of the Regulations, which prohibits the export of goods specified in the Second Schedule (which in turn is omitted by
regulation 6). The new subregulation 4(1) inserted into the Regulations prohibits the export, without the consent of the Minister, of the only Item remaining in the Second Schedule following the removal of articles dealt with by the Protection of Movable Cultural Heritage Regulations, namely, ships. It is the intention that ships which are also culturally significant will in future gain additional protection under the Protection of Movable Cultural Heritage Regulations.
New subregulation 4(2) provides that the Minister’s consent under subregulation 4(1) may specify conditions or requirements. The discretion introduced by this technical amendment brings the provision into line with other similar provisions recently introduced into the Regulations.
Regulation 4 repeals regulation 7 of the Regulations, which prohibits the export of goods specified in the Fifth Schedule (which in turn is omitted by regulation 7). The new subregulation 7(1) inserted into the Regulations prohibits the export, without the approval in writing of the Department of Transport and Communications, of the only Item remaining in the Fifth Schedule namely, aircraft, whether assembled or dismantled. It is the intention that aircraft which are also culturally significant will in future gain additional protection under the Protection of Movable Cultural Heritage Regulations.
New subregulation 7(2) provides that the approval of the Department of Transport and Communications under subregulation 7(1) may specify conditions or requirements. The discretion introduced by this technical amendment brings the provision into line with other similar provisions recently introduced into the Regulations.
Regulation 5 repeals regulation 13A of the Regulations which, in conjunction with the Twelfth Schedule (which in turn is omitted by Regulation 8) prohibits the exportation of the culturally significant articles without the approval of the Minister for the Arts, Sport, the Environment, Tourism and Territories. These articles are to be protected by the Protection of Movable Cultural Heritage Regulations.
Regulation 6 repeals the Second Schedule (as to the effect of which see Regulation 3), which contains reference to culturally significant articles such as: documents and other material of Aboriginal and other Australian historical significance; fossils and geological specimens; coins and tokens of Australian historical significance; contemporaneous records and accounts relating to the discovery, settlement and exploration of Australia.
Regulation 7 repeals the Fifth Schedule (as to the effect of which see Regulation 4), which contains reference to culturally significant aircraft.
Regulation 8 repeals the Twelfth Schedule (as to the effect of which see Regulation 5), which contains reference to culturally significant articles such as: military items; certain cinematograph films; lithographic stones used in the production of postage stamps in Australia; and motor vehicles assembled in Australia before 1912.