Statutory Rules
1976 No. 169
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 seventeenth day of August, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
(SGD) JOHN HOWARD
Minister of State for Business and Consumer Affairs.
Amendments of the Customs (Prohibited Exports) Regulations†
1. After regulation 2 of the Customs (Prohibited Exports) Regulations the following regulation is inserted:—
Exemption of petroleum, &c., exported as aircraft’s stores.
“ 2a. (1) These Regulations do not apply in relation to the exportation of petroleum or petroleum products taken on board into the fuel tanks of an aircraft for the service of the aircraft as fuel on an international flight to be undertaken by the aircraft.
“ (2) In this regulation—
‘ aircraft ’ has the same meaning as in Part VII of the Act;
‘ petroleum ’ and ‘ petroleum products ’ have the same meanings as in sub-regulation 9 (4).”.
Second Schedule.
2. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting Item 15 in Part IV and substituting the following Item:
“15 | Petroleum and petroleum products within the meaning of sub-regulation 9 (4), and shale products ”. |
*Notified in the Australian Government Gazette on 25 August 1976.
† 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; and 1975, Nos. 19, 44, 45, 173 and 224.
Printed by Authority by the Government Printer of Australia
14023/76—Recommended retail price 10c 10/13.7.1976
Overview
The Statutory Rules 1976 No. 169, enacted under the Customs Act 1901, address the need to amend the Customs (Prohibited Exports) Regulations to clarify and exempt certain petroleum products exported as aircraft fuel for international flights. The Customs Act 1901 provides the overarching framework for the regulation of imports and exports in Australia, and these regulations further detail the specific requirements and restrictions, including the prohibition of certain exports. The policy objective behind these amendments is to ensure that the exportation of petroleum products used as fuel for aircraft on international flights is not hindered by existing regulations, thereby facilitating international aviation and trade. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to streamline customs processes concerning aviation fuel exports.
Scope and Application
The Customs (Prohibited Exports) Regulations 1976, as amended, apply to the exportation of goods from Australia, specifically targeting the prohibition of certain exports, including petroleum and petroleum products. These regulations are made under the authority of the Customs Act 1901 and are applicable to any person or entity exporting goods from Australia. The regulations govern the conduct of these exports and include specific provisions regarding the types of goods that are subject to export restrictions. Notably, the regulations exempt petroleum and petroleum products taken on board an aircraft for the purpose of fuelling the aircraft for an international flight, thereby recognising the necessity of such fuel for international aviation operations. The geographic reach of these regulations extends to the Commonwealth of Australia, and they do not apply to any other jurisdiction. The regulations are comprehensive in their application to the export of specified goods, with explicit definitions provided for terms such as "aircraft," "petroleum," and "petroleum products." Any amendments or further clarifications may be introduced through subordinate instruments, ensuring the regulations remain relevant and effective in controlling prohibited exports.
Key Provisions
The primary operative sections of the Customs (Prohibited Exports) Regulations, as amended, include regulation 2a (paragraph 1) which exempts the export of petroleum or petroleum products when taken on board an aircraft for use as fuel during an international flight. This is an exception to the general prohibition on exporting petroleum and petroleum products (regulation 2a(1)). Regulation 2a(2) further clarifies that the term "aircraft" is defined in Part VII of the Customs Act 1901, and "petroleum" and "petroleum products" are defined in sub-regulation 9(4). The Second Schedule has been amended to omit Item 15 in Part IV and substitute it with "Petroleum and petroleum products within the meaning of sub-regulation 9(4), and shale products," which updates the list of prohibited exports to include petroleum and shale products (paragraph 2).
The Regulations impose obligations on parties exporting goods to ensure compliance with the outlined exemptions and prohibitions. Exporters must verify that any petroleum or petroleum products exported are not subject to the general prohibition, particularly when intended for use as aircraft fuel on international flights (regulation 2a(1)). Additionally, the Second Schedule requires that any exports of petroleum, petroleum products, and shale products are scrutinised to ensure compliance with the specified regulations (Second Schedule, Item 15).
Breaches of these Regulations may result in civil or criminal consequences, depending on the severity and intent of the violation. The Customs Act 1901 provides for various penalties, including fines and imprisonment. For example, a person who knowingly contravenes a regulation may be liable for a fine not exceeding 5,000 penalty units or imprisonment for up to five years, or both, for each offence (section 13AD(3)). Additionally, corporations may face higher fines, with penalties escalating based on the corporation's size and the nature of the breach. These stringent measures are designed to enforce compliance and protect the integrity of Australia's export controls.