Statutory Rules
1978 No. 14
REGULATIONS UNDER THE CUSTOMS ACT 1901*
I, THE GOVERNOR-GENERAL 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 second day of February 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. ELLICOTT
Minister of State for Home Affairs and Minister of State for the Capital Territory for and on behalf of the Minister of State for Business and Consumer Affairs
—––––––
AMENDMENTS OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS†
Prohibition against export of minerals, petroleum, &c.
1. Regulation 9 of the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting from sub-regulation (1) “ Minister of State for National Resources ” and substituting “ Minister of State for Trade and Resources ”; and
(b) by omitting from sub-regulation (3) “ Minister of State for National Resources ” and substituting “ Minister of State for Trade and Resources ”.
Prohibition against export except with approval of Minister for Trade and Resources or authorized person
2. Regulation 11 of the Customs (Prohibited Exports) Regulations is amended—
(a) by omitting from sub-regulation (1) “ Minister of State for National Resources ” and substituting “ Minister of State for Trade and Resources ”; and
* Notified in the Commonwealth of Australia Gazette on 3 February 1978.
† Statutory Rules 1958, No. 5 as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965. No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 123; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 106 and 121: 1972, No. 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974, Nos. 46, 157, 178 and 250; 1975, Nos. 19, 44, 45, 173 and 224; 1976, Nos. 169 and 233; and 1977, No. 89.
(b) by omitting from sub-regulation (2) “ Minister of State for National Resources ” and substituting “ Minister of State for Trade and Resources ”.
Ninth Schedule
3. The Ninth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting from the heading “ MINISTER OF STATE FOR NATIONAL RESOURCES ” and substituting “ MINISTER OF STATE FOR TRADE AND RESOURCES ”.
Overview
Statutory Rules 1978 No. 14, enacted under the Customs Act 1901, updates the Customs (Prohibited Exports) Regulations to reflect changes in ministerial responsibilities. This legislative instrument, made by the Governor-General on the advice of the Federal Executive Council, replaces references to the "Minister of State for National Resources" with "Minister of State for Trade and Resources" in various sections of the Regulations. The amendments aim to align the regulatory framework with current governmental structures and ensure that the administration of export prohibitions remains consistent with the latest ministerial designations. The policy objective is to maintain effective control over the export of restricted goods, ensuring compliance with national policies and international obligations.
Scope and Application
The Statutory Rules 1978 No. 14, made under the Customs Act 1901, amend the Customs (Prohibited Exports) Regulations to update the references from the "Minister of State for National Resources" to the "Minister of State for Trade and Resources" across various regulations. These amendments ensure that the regulations align with the current ministerial titles and responsibilities, thus maintaining the effectiveness and relevance of the legislative framework governing the prohibition of exports of certain goods, such as minerals and petroleum. The amendments do not alter the geographic or jurisdictional reach of the regulations, which applies across the Commonwealth of Australia, nor do they introduce any new exclusions, exemptions, or thresholds. The application of these regulations is extensive, covering any person or entity involved in the export of prohibited items, and the amendments extend to any subordinate instruments that may reference the repealed ministerial titles.
Key Provisions
The Regulations amend the Customs (Prohibited Exports) Regulations primarily by updating the responsible Minister from the Minister of State for National Resources to the Minister of State for Trade and Resources. Specifically, Regulation 9 (subsection 1) and Regulation 11 (subsections 1 and 2) have been amended to reflect this change. Additionally, the Ninth Schedule has been updated to reflect the same change in the heading from the Minister of State for National Resources to the Minister of State for Trade and Resources. These changes ensure that the appropriate Minister has oversight and authority over the regulations pertaining to the export of prohibited goods.
The amendments impose a clear requirement on the Minister of State for Trade and Resources to oversee the export of prohibited goods as outlined in the Customs (Prohibited Exports) Regulations. This includes the responsibility to approve or deny export permits as necessary, ensuring compliance with the regulations. The Minister's role is critical in enforcing the export prohibitions, maintaining control over sensitive materials, and ensuring that exports align with national policies and international obligations.
Failure to comply with the provisions of the Customs (Prohibited Exports) Regulations can result in significant legal consequences. Breaches of the regulations may lead to criminal charges, with potential penalties including fines and imprisonment. The severity of the penalties can depend on the nature and scale of the violation, but the Regulations aim to deter unlawful exports by imposing stringent sanctions. Additionally, civil penalties may also apply, reinforcing the importance of adherence to the regulatory framework.