Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1949 No. 008, enacted by the Commonwealth of Australia, serve as regulations under the Customs Act 1901-1947, aiming to address the need for more precise control over the export of certain goods. These regulations were formulated by the Governor-General, acting with the advice of the Federal Executive Council, and were intended to amend the Customs (Prohibited Exports) Regulations by adding new items to the Third and Fourth Schedules. The problem these regulations sought to resolve was the lack of explicit restrictions and approvals required for the export of specific agricultural products and pharmaceuticals, necessitating oversight to ensure compliance with national and international standards. The policy objective, as stated, is to impose additional export controls on items such as peanuts, cotton seed oil, persic oil, olive oil, apricot kernels, and streptomycin, requiring exporters to obtain covering approvals from the Department of Commerce and Agriculture before undertaking such exports.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by the Statutory Rules of 1949, extend to the regulation of exports of certain goods from Australia, requiring specific approvals from the Department of Commerce and Agriculture for their export. These regulations apply to persons or entities intending to export the listed goods, including peanuts, peanut butter, peanut kernels, peanut oil, peanut paste, cotton seed, cotton seed oil, persic oil, olive oil, apricot kernels, and streptomycin. The geographic reach of these regulations is national, as they are enacted under the Customs Act 1901-1947, which is a Commonwealth Act. The regulations do not explicitly mention any exclusions or exemptions but require the intending exporter to produce a covering approval for each listed item. The scope of the regulations is further defined and potentially expanded through subordinate instruments, which may include additional items or modify existing entries.

Key Provisions

These regulations, under the Customs Act 1901-1947, introduce specific amendments to the Customs (Prohibited Exports) Regulations. The Third Schedule lists new items that require a covering approval from the Department of Commerce and Agriculture before exportation. These items include peanuts, peanut butter, peanut kernels, peanut oil, peanut paste (item 148), cotton seed and cotton seed oil (item 149), persic oil (item 150), olive oil (item 151), and apricot kernels (item 152). The Fourth Schedule adds streptomycin (item 9A) to the list of prohibited exports, also requiring the same approval process. The primary obligations imposed by these regulations are on intending exporters who must ensure they have the necessary approval from the Department of Commerce and Agriculture before attempting to export the listed items. The requirement for a covering approval ensures that the Department of Commerce and Agriculture has vetted and approved the export of these goods, likely to prevent issues related to biosecurity, trade compliance, or other regulatory concerns. Failure to comply with these regulations by not obtaining the required approvals can lead to various legal consequences. Although the specific penalties are not detailed within the text provided, under the Customs Act 1901-1947, unauthorised exportation of goods can attract civil and criminal penalties. Civil penalties can include fines, while criminal penalties can lead to imprisonment, reflecting the seriousness of non-compliance with customs regulations. The exact penalties would be determined by the relevant courts based on the specific circumstances of the breach.