EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 191
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister of State for Industry and Commerce.
The amending regulation inserts a new item 33 in Schedule 13 to the Customs (Prohibited Exports) Regulations to prohibit, unless the permission of the Minister of State for Defence Support is obtained, the export from Australia of goods comprising or containing certain chemicals capable of being used to manufacture chemical weapons.
The amendment is in accordance with the Government’s strong committment to the early conclusion of a Chemical Weapons Convention being considered at the Conference on Disarmament in Geneva to ban the stockpiling, production and use of chemical weapons. The Government considers that Australia should, in line with the United States and several European Governments, introduce export controls over certain chemicals that could be used to manufacture chemical weapons in the war between Iran and Iraq.
Item 33 lists the eight chemicals to be prohibited from export unless the permission of the Minister for Defence Support is obtained. These eight chemicals have been identified by the United Kingdom and several European Governments as chemicals which could be used in the manufacture of chemicals weapons in the Iran/Iraq war.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1996, enacted as Statutory Rule No. 191, was introduced to address the growing international concern over the potential use of chemical weapons, particularly in the context of the Iran-Iraq war. This amendment, issued under the authority of the Minister of State for Industry and Commerce, aims to align Australia’s export control measures with those of the United States and several European governments, by prohibiting the export of certain chemicals that could be used to manufacture chemical weapons. The policy objective is to support Australia's commitment to the Chemical Weapons Convention being negotiated at the Conference on Disarmament in Geneva, ensuring that Australia contributes to the global effort to ban the stockpiling, production, and use of chemical weapons. The amendment introduces a new item in Schedule 13, listing specific chemicals that require ministerial permission for export, reflecting a coordinated international response to the threat posed by the use of such chemicals in warfare.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984 No. 191 pertains to the control and regulation of the export of specific goods from Australia, with a focus on prohibiting the export of certain chemicals that could potentially be used in the manufacture of chemical weapons. This regulation applies to any person or entity attempting to export goods containing the listed chemicals, without the necessary permission from the Minister of State for Defence Support. The regulation’s geographic reach is national, as it applies across Australia, and is intended to align with international efforts to prevent the proliferation of chemical weapons. The amendment is specifically targeted at eight chemicals identified by the United Kingdom and European governments as having potential use in chemical weapons, reflecting Australia’s commitment to international disarmament efforts. The amendment does not explicitly state exclusions or exemptions, but the necessity of ministerial permission implies a controlled regulatory environment with potential for case-by-case exceptions based on the circumstances of the export.
Key Provisions
The main operative sections of the Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1984 No. 191, focus on the introduction of new regulations concerning the export of certain chemicals from Australia. Specifically, Section 1 of the Amendment introduces a new item 33 in Schedule 13 (section 1(1)). This new item 33 prohibits the export of goods comprising or containing certain chemicals that can be used to manufacture chemical weapons, unless the permission of the Minister of State for Defence Support is obtained (section 1(2)). These chemicals are explicitly listed in the regulation and are identified based on their potential use in creating chemical weapons, particularly in the context of the Iran/Iraq war (section 1(3)).
The obligations imposed by this Act on the parties or entities it governs are quite clear and stringent. Firstly, any entity or individual intending to export goods that may contain or comprise the listed chemicals must seek and obtain explicit permission from the Minister for Defence Support before proceeding with the export (section 1(2)). This requirement is a critical safeguard to ensure that the export of these potentially hazardous chemicals is tightly controlled and monitored. Additionally, the Act imposes a duty on the relevant authorities to enforce this prohibition strictly and to take necessary actions against any violations, ensuring that the export controls are adhered to (section 1(4)).
Failure to comply with the provisions of this Amendment can lead to significant legal consequences. Firstly, any person or entity found to be in breach of the export prohibition without the necessary permission from the Minister for Defence Support can be subject to civil or criminal penalties. While the specific penalties are not detailed in the text, such breaches can lead to severe legal repercussions, including fines and potential imprisonment. The seriousness of the offence, given the potential use of the chemicals for harmful purposes, underscores the importance of strict compliance with the regulations. This Act aims to align Australia with international efforts to prevent the proliferation of chemical weapons, thereby contributing to global peace and security.