Customs (Prohibited Exports) Regulations (Amendment)

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Legislation au F1996B03455 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 277

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 twenty-second day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(SGD) WAL FIFE

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 sub-regulation (1) and substituting the following sub-regulation;

“ (1) In this regulation—

(a) a reference to the Minister shall be read as a reference to the Minister of State for Trade and Resources;

(b) a reference to an authorized person shall be read as a reference to a person authorized in writing by the Minister to exercise the powers of the Minister under this regulation; and

(c) a reference, in relation to a permission granted for the purposes of sub-regulation (3), to a condition or requirement to be complied with by the holder of the permission shall be read as a reference to a condition or requirement to be complied with by the person who is the holder of the permission at the time the goods to which the permission relates are exported.”;

 

 

* Notified in the Commonwealth of Australia Gazette on 29 December 1978.

† Statutory Rules 1958, No. 5 as amended to date. For previous amendments of the Customs (Prohibited Exports) Regulations see footnote † to Statutory Rules 1978, No. 14 and see also Statutory Rules 1978, Nos. 14, 58 and 59.

17657/77 Cat. No.—Recommended retail price 15c 10/17.11.1978


(b) by omitting from sub-regulation (2) “ The following goods are goods to which this regulation applies:— ” and substituting “ This regulation applies to the following goods, other than any such goods that are specified in, or included in a class of goods specified in, the Ninth Schedule:”; and

(c) by omitting sub-regulation (3) and substituting the following sub-regulations:

“ (3) The exportation from Australia of goods to which this regulation applies is prohibited unless—

(a) a permission in writing to export the goods or a class of goods in which the goods are included has been granted, by the Minister or an authorized, person; and

(b) the permission is produced to the Collector.

“ (3a) A permission granted for the purposes of sub-regulation (3) (not being a permission so granted in exchange for a permission surrendered in accordance with sub-regulation (3b)) may specify, and. a permission granted for the purposes of sub-regulation (3) in exchange for a permission surrendered in. accordance with sub-regulation (3b) shall specify, that the permission may, subject to this regulation, be—

(a) assigned; or

(b) surrendered in exchange for the granting to the holder of the surrendered permission of another permission or other permissions to export goods of the same kind as the goods to which the surrendered permission relates.

“ (3b) Where a permission so specifics that the permission may be assigned or surrendered, the permission may be so assigned or surrendered only with the consent, in writing of the Minister or an authorized person.

“ (3c) A permission referred to in sub-regulation (3b) may be assigned as provided by that sub-regulation notwithstanding that the permission has previously been assigned as provided by that sub-regulation.

“ (3d) A consent in writing under sub-regulation (3b) to the assignment of a permission shall be endorsed on or annexed to the permission.

“ (3e) A permission granted for the purposes of sub-regulation (3) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time (being a time before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.

“ (3f) Where, in relation to the proposed assignment of a permission, being a permission that specifies conditions or requirements to be complied with by the holder of the permission, the Minister or an authorized person is of the opinion that any such condition or requirement is incapable of applying, or of applying without variation or modification, to the proposed assignee, the Minister or authorized person may, by writing endorsed on or annexed to the permission at the time of the giving of his consent to the assignment—

(a) omit that condition or requirement;

(b) vary or modify that condition or requirement to enable it to apply in relation to the assignee; of

(c) omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission.

“ (3g) Where—

(a) the Minister or an authorized person grants a permission or 2 or more permissions in exchange for a surrendered permission; and

(b) the surrendered permission specifies conditions or requirements to be complied with by the holder of the permission,

the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission—

(c) such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification, as the Minister or authorized person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and

(d) such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorized person may determine.

“ (3h) The Minister or an authorized person shall not unreasonably refuse—

(a) to grant a permission for the purposes of sub-regulation (3); or

(b) to consent to the assignment or surrender of a permission referred to in sub-regulation (3b).

“ (3j) Where—

(a) a permission granted for the purposes of sub-regulation (3) is subject to a condition or requirement to be complied with by a person; and

(b) the person fails to comply with the condition or requirement,

the Minister or an authorized person may revoke the permission, whether or not the person is charged with an offence against sub-section 112 (2b) of the Act in respect of the failure to comply with the condition or requirement.”.

Saving

2. An approval in writing to the exportation of goods issued by the Minister of State for Trade and Resources or an authorized person for the purposes of sub-regulation 9 (3) of the Customs (Prohibited Exports) Regulations as in force immediately before the commencement of these Regulations shall, for the purposes of regulation 9 of the Customs (Prohibited Exports) Regulations as amended by these Regulations, be deemed to be a permission in writing to export the goods granted by that Minister or an authorized person, as the case may be, for the purposes of sub-regulation (3) of that regulation as so amended.

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Overview

The Customs Act 1901 was enacted to establish the regulatory framework for customs and excise in Australia, providing a comprehensive set of rules and procedures for the administration of customs and excise. This Act was introduced to address the need for a unified and efficient system to manage the import and export of goods, ensuring compliance with national and international trade laws and regulations. The Customs Act 1901 is administered by the Parliament of Australia, with the objective of facilitating lawful trade while protecting the nation's economic and security interests. The Act was subsequently amended through various legislative instruments, including Statutory Rules, to adapt to changing trade environments and regulatory requirements. The Statutory Rules 1978 No. 277, made under the authority of the Customs Act 1901, include amendments to the Customs (Prohibited Exports) Regulations. These amendments were introduced to refine the regulatory framework concerning the export of prohibited goods, such as minerals and petroleum, by clarifying definitions, updating the authority responsible for granting export permissions, and detailing the conditions and procedures for the assignment, surrender, and revocation of such permissions. This legislative instrument aims to ensure that the export of sensitive and strategically important goods is strictly controlled, thereby supporting national policy objectives related to resource management and economic stability.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1978 No. 277, apply to the exportation of goods from Australia that are subject to prohibition unless a written permission is granted by the Minister of State for Trade and Resources or an authorised person. This regulation primarily affects entities and individuals involved in the export of specified goods, particularly minerals and petroleum, by imposing restrictions unless an exemption or permission is obtained. The geographic reach of these regulations is national, as they are administered by the Commonwealth of Australia and apply across all states and territories. The regulations extend to prohibiting the exportation of certain goods unless specific conditions set by the Minister or an authorised person are met, including the potential assignment or surrender of permissions, subject to written consent. Certain goods are excluded from these prohibitions if they are specified in the Ninth Schedule. The application and enforcement of these regulations may be further detailed through subordinate instruments, allowing for the specification of additional conditions and requirements for permissions granted under the regulation.

Key Provisions

The key provisions of these regulations, found under section 1, revise the Customs (Prohibited Exports) Regulations, altering how certain goods are treated when it comes to exportation. The regulation now specifies that the exportation of goods is prohibited unless a written permission has been granted by the Minister of State for Trade and Resources or an authorized person (section 1(3)). These permissions can be assigned or surrendered, subject to the Minister's or an authorized person's consent (section 1(3b)-(3d)). The regulations also clarify that such permissions can include specific conditions and requirements for compliance (section 1(3e)-(3f)). In cases where conditions or requirements specified in a surrendered permission are not applicable to the assignee, the Minister or authorized person has the authority to modify or omit them (section 1(3f)). Furthermore, when granting new permissions in exchange for surrendered permissions, the Minister or authorized person may specify new or modified conditions and requirements (section 1(3g)). The regulations also prohibit the Minister or authorized person from unreasonably refusing to grant permissions or consent to assignments or surrenders (section 1(3j)). The obligations imposed by these regulations on the parties or entities they govern include obtaining written permissions from the Minister of State for Trade and Resources or an authorized person before exporting prohibited goods (section 1(3)). Those granted permissions must adhere to any specified conditions or requirements, including timelines for compliance (section 1(3e)). Permissions that allow for assignment or surrender require the consent of the Minister or an authorized person (section 1(3b)). If an assignee is involved, the Minister or authorized person may modify or omit certain conditions or requirements that do not apply to the assignee (section 1(3f)). Entities involved in the exchange of permissions must also ensure that any new permissions include the necessary conditions and requirements as determined by the Minister or authorized person (section 1(3g)). These obligations ensure that the export of prohibited goods is tightly controlled and compliant with regulatory requirements. Breaches of these regulations can lead to various consequences, including the revocation of permissions by the Minister or authorized person if a condition or requirement is not met (section 1(3j)). Failure to comply with the conditions and requirements of a permission could result in the cancellation of the permission, irrespective of any criminal charges that may be applicable under section 112(2b) of the Customs Act 1901. The regulations also emphasize that the Minister or authorized person should not unreasonably refuse to grant permissions or consent to assignments or surrenders (section 1(3j)). The precise civil or criminal penalties for breaches are not detailed in the text provided, but they likely fall within the broader framework of the Customs Act 1901, which could include fines and imprisonment depending on the nature and severity of the breach.

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Customs & Excise Law
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Regulation
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Definitions & Interpretation
Licensing & Registration
Prohibited Conduct
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