Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 32 was enacted to amend the existing Customs (Prohibited Exports) Regulations under the Customs Act 1901. This amendment was issued by the authority of the Minister for Small Business and Consumer Affairs and was aimed at addressing the need to update export control regulations in line with evolving government policies. Specifically, the amendment sought to remove export controls from certain commodities by omitting specific items from Schedule 7 of the Regulations. The overall policy objective of this amendment is to align export regulations with current policy directions, ensuring that the legal framework governing export activities is both current and effective. The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 32 was introduced to rectify a gap in the existing legislative framework by removing unnecessary export controls on certain commodities. The amendment reflects the government's policy to streamline export regulations and remove controls where they are no longer deemed necessary. By omitting items 4, 6, 7, 8, 9, and 10 from Schedule 7, the Regulations now align with the current policy to ease export restrictions on specified mineral sands. This amendment ensures that the regulatory environment is responsive to policy changes and supports the efficient operation of export activities within Australia.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 32 applies to the exportation of goods from Australia as governed by the Customs Act 1901 (C'th). These Regulations specifically control the exportation of commodities listed in Schedule 7 by prohibiting their export unless written permission has been granted by the Minister for Primary Industries and Energy or an authorised person, and this permission is presented to a Collector. This regulatory framework allows for the prohibition of absolute exportation or subjecting it to specific conditions or restrictions. The amendments to these Regulations, particularly the removal of items 4, 6, 7, 8, 9, and 10 from Schedule 7, reflect the Government's policy to lift export controls on certain commodities, thus easing restrictions on the export of mineral sands. These Regulations are applicable nationally across Australia, implementing the Commonwealth's legislative authority over customs and trade. The changes are effective from the date of gazette, with no specific exclusions or exemptions outlined in the amendment, although the broader Act and its subordinate instruments may contain such provisions.

Key Provisions

The main operative sections of the Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 32 are primarily concerned with modifying existing export controls on specific commodities. Section 112 of the Customs Act 1901 allows for the prohibition of goods' exportation from Australia, subject to certain conditions. Regulation 9 of the Regulations, as originally drafted, controls the exportation of commodities listed in Schedule 7 by prohibiting such exports unless a written permission is obtained from the Minister for Primary Industries and Energy or an authorised person, which must be presented to a Collector. This regulation specifically applies to items 4, 6, 7, 8, 9, and 10 of Schedule 7, which cover mineral sands. The Amendment Regulations (regulation 2.1) remove these items from Schedule 7, effectively lifting the export controls on these commodities. The Customs (Prohibited Exports) Regulations impose specific obligations on entities seeking to export the commodities previously controlled under Regulation 9. These obligations include obtaining a written permission from the Minister for Primary Industries and Energy or an authorised person before exporting the specified commodities. This permission must then be presented to a Collector of Customs. The Regulations are designed to ensure that the export of controlled goods does not occur without the necessary approvals, thereby enforcing compliance with export controls as mandated by the Act. The Amendment Regulations eliminate these obligations for the commodities previously listed in items 4, 6, 7, 8, 9, and 10 of Schedule 7. By removing these items, the Amendment Regulations effectively lift the prohibition on exporting these commodities, thereby relieving exporters from the need to obtain written permissions and present them to Collectors of Customs. This change aligns with the Government's policy to remove export controls on these specific commodities. Breaches of the Customs (Prohibited Exports) Regulations can lead to significant consequences. Under the Customs Act, the unauthorised export of prohibited goods can result in both civil and criminal penalties. Civil penalties may include fines up to a maximum of $11,000 for individuals and $55,000 for bodies corporate, as stipulated in section 216 of the Act. Additionally, criminal offences for knowingly or recklessly contravening the Regulations can lead to imprisonment for up to five years, as per section 219 of the Act. These penalties serve as a deterrent against non-compliance and ensure adherence to the export control measures imposed by the Regulations.