Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1967 No. Regulations under the Customs Act 1901-1967, made by the Governor-General in accordance with the advice of the Federal Executive Council, were introduced to amend the Customs (Prohibited Exports) Regulations. Enacted in 1967, this legislative instrument aimed to refine the scope of prohibited exports as defined under the Customs Act. The amendments involved the removal of specific items from the Third and Seventh Schedules of the Customs (Prohibited Exports) Regulations, which effectively altered the list of goods that are subject to export restrictions. The changes were notified in the Commonwealth Gazette on 14 September 1967, and the regulations reflect a deliberate effort to update and streamline the export control measures under the Act.

Scope and Application

The Statutory Rules 1967 No. REGULATIONS UNDER THE CUSTOMS ACT 1901-1967 are made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, and they amend the Customs (Prohibited Exports) Regulations. These regulations pertain to the Commonwealth of Australia and cover a range of industries and entities that engage in the export of goods. The specific amendments made by this statutory instrument concern the Third and Seventh Schedules of the Customs (Prohibited Exports) Regulations, which list items that are prohibited from being exported from Australia. The amendments involve the removal of certain items from these schedules, thereby potentially altering the scope of what constitutes a prohibited export under the Customs Act. The changes made by these regulations are effective across the national jurisdiction of Australia, applying uniformly regardless of state or territory boundaries. There are no stated exclusions, exemptions, or thresholds in the provided text; however, it is possible that further details regarding the application and scope of these regulations are included in other sections of the Customs (Prohibited Exports) Regulations, which are not provided here. The application of these regulations may also be extended or restricted through subordinate instruments as needed.

Key Provisions

The Statutory Rules 1967 No. REGULATIONS UNDER THE CUSTOMS ACT 1901-1967, made by the Governor-General on the advice of the Federal Executive Council, contain amendments to the Customs (Prohibited Exports) Regulations. Specifically, section 1 of the Regulations amends the Third Schedule by removing items 9 and 21 and omitting certain words from item 28, namely "flax meal" and ", rice meal". Section 2 of the Regulations modifies the Seventh Schedule by omitting item 6. These amendments are intended to update and refine the list of prohibited exports, ensuring that the regulations remain current and effective in controlling the export of certain goods. These Regulations impose obligations on parties involved in the export of goods listed as prohibited. Exporters must ensure that the goods they intend to export are not included in the updated list of prohibited exports. Failure to comply with these regulations could result in the goods being seized by customs authorities, and the exporter may face legal consequences. This includes potential fines or other penalties as prescribed by the Customs Act 1901-1967. The Regulations do not explicitly state specific offences, penalties, or civil/criminal consequences for breaches within the text of the statutory rules themselves. However, the Customs Act 1901-1967 provides a framework under which breaches of customs regulations can lead to penalties. Generally, the penalties for contravening customs laws can include fines and imprisonment. For example, under section 162 of the Customs Act, a person found guilty of an offence may be liable to a penalty of up to $22,200 for individuals and $111,000 for bodies corporate, depending on the nature and seriousness of the offence. Additionally, repeated or serious breaches may lead to more severe penalties, including longer periods of imprisonment.