EXPLANATORY STATEMENT
Statutory Rules 1985 No. 138
Customs (Prohibited Exports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce.
The regulation is part of a package of regulations designed to amend Customs and Excise legislation to reflect revised standards for wines and spirits adopted by the National Health and Medical Research Council.
The regulation omits Item 4 of Part 1 of the Second Schedule to the Regulations which removes the export control over fortified wine which is less than six months old.
The Food Standards Committee of the National Health and Medical Research Council found, in its detailed review of Commonwealth legislation relating to wines and spirits, that an export control over such fortified wine was no longer necessary.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1985, issued under the authority of the Minister of State for Industry, Technology and Commerce, were enacted to align the regulatory framework with the revised standards for wines and spirits adopted by the National Health and Medical Research Council (NHMRC). This legislative amendment responds to findings by the Food Standards Committee of the NHMRC, which determined that the export control over fortified wine aged less than six months was no longer necessary. Consequently, the regulation omits Item 4 of Part 1 of the Second Schedule to the Customs (Prohibited Exports) Regulations, effectively removing the export control on such wine. The overarching policy objective of these amendments is to ensure that Australian customs regulations remain current and reflective of contemporary standards and expert recommendations in the health and food sectors.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 138 applies to the export of wines and spirits within Australia, specifically targeting the wine and spirits industry. It is issued under the authority of the Minister of State for Industry, Technology and Commerce and is a response to the National Health and Medical Research Council’s revised standards for wines and spirits. The regulation alters the existing export controls by removing the prohibition on the export of fortified wine that is less than six months old, as determined by the Food Standards Committee of the National Health and Medical Research Council. This amendment reflects the findings of the Committee’s review, which concluded that such export controls were no longer necessary. The regulation impacts entities involved in the export of fortified wines, effectively modifying the scope of prohibited exports within the specified industry.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1985 No. 138, issued under the authority of the Minister of State for Industry, Technology and Commerce, primarily amends the existing regulations to reflect the updated standards for wines and spirits as set by the National Health and Medical Research Council (NHMRC). The key change, as outlined in the regulation, is the removal of export controls over fortified wine that is less than six months old (Second Schedule, Part 1, Item 4). This amendment follows the Food Standards Committee's review, which concluded that such export controls were no longer necessary.
The regulations impose specific obligations on parties involved in the export of wines and spirits, requiring compliance with the updated standards as determined by the NHMRC. Exporters must ensure that their products adhere to the new criteria, particularly concerning fortified wines that are less than six months old, which are now exempt from export controls. The amendment necessitates that all relevant documentation and declarations be accurately completed in line with the new regulations to facilitate compliance and lawful trade.
Failure to comply with the Customs (Prohibited Exports) Regulations (Amendment) may result in significant consequences. The regulations do not explicitly outline the penalties for non-compliance; however, breaches of customs regulations typically attract stringent enforcement actions, including fines and potential criminal charges. The severity of the penalties can vary, but they are intended to ensure adherence to the updated standards and the protection of public health and safety as per the NHMRC's directives. It is essential for all parties involved to stay informed about these changes to avoid any legal repercussions.