EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 333
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS
Section 112 of the Customs Act 1901 provides in part thats
“1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
2) The power conferred by sub-section (1) may be exercised -… (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
2A) Without limiting the generality of paragraph (2)(c), the Regulations - …(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and …”
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the various Regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a specified person or Minister of State.
The Statutory Rules contain several amendments to the Regulations which:
i) add twenty chemicals to the existing list of thirty chemicals in Schedule 15 to the Regulations, and
ii) effect two minor technical drafting corrections.
Background
Regulation 13D of the Regulations provides that the exportation of certain goods which contain 10% or more, by weight, of a chemical compound listed in Schedule 15 to the Regulations is prohibited unless the Minister for Foreign Affairs and Trade, or a person authorised by him, grants a permission to export the goods. The chemicals listed in Schedule 15 are referred to as “chemical weapon precursors” ie. they are used as an “ingredient” for chemical weapons.