Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 413 were introduced to address the need for updating export control regulations in Australia, ensuring they align with international guidelines and commitments. This amendment was enacted by the authority of the Minister of State for Small Business and Customs and is intended to reflect changes in strategic export control policies. The Customs Act 1901 provides the legislative framework, empowering the Governor-General to regulate the exportation of goods from Australia. The policy objective of these amendments is to enhance the control over the export of sensitive technologies and chemical compounds that could contribute to the proliferation of weapons of mass destruction, thereby aligning with Australia's international obligations and commitments under various export control regimes.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 413 applies to the exportation of goods from Australia, focusing on the prohibition or conditional permission of certain exports. It pertains to specific goods, primarily dual-use technology and chemical weapons precursors, as outlined in the Pro-Export Regulations under the Customs Act 1901. The amendment updates the reference to a document detailing controlled dual-use technology exports, reflecting updated strategic guidelines, and adds new chemical compounds to the list of prohibited chemical weapons precursors. This regulation is applicable nationally, as it falls under the Commonwealth jurisdiction. The Act extends its application through subordinate instruments such as the schedules and regulations, which list specific goods and compounds subject to export restrictions. There are no explicit exclusions or exemptions mentioned in the text, but the export of listed goods is subject to the granting of a licence or permission by relevant Ministers.

Key Provisions

The Customs (Prohibited Exports) Regulations (Amendment) 1991 No. 413 primarily serves to update the existing regulations concerning the exportation of certain goods from Australia. Specifically, this amendment introduces changes to the Pro-Export Regulations by updating the date reference in subregulation 13E(2) to reflect new guidelines issued by the Co-ordinating Committee for Multilateral Strategic Export Controls (COCOM) and by adding nine new chemical weapons precursors to Schedule 15 (paragraphs 1 and 2). These changes are aimed at ensuring that the exportation controls are aligned with current strategic sensitivities and international obligations. Under the updated regulation 2.1, the document referenced in subregulation 13E(2) is now dated October 1991, which incorporates the revised Industrial List from COCOM. This list identifies items that are strategically sensitive and distinguishes between dual-use goods and technology related to various international regimes, including the Missile Technology Control Regime (MTCR), the Nuclear Suppliers' Group, and the Australia Group. The second amendment, regulation 3.1, adds nine new chemical compounds to Schedule 15, which now totals fifty-nine compounds, thereby expanding the list of chemical weapons precursors whose exportation is prohibited unless permission is granted by the Minister of State for Foreign Affairs and Trade. These new additions are in line with the Australia Group’s efforts to control the proliferation of chemical weapons. The obligations imposed by these regulations are primarily on exporters and those seeking to export the specified goods. Exporters must ensure that they comply with the updated guidelines and that they have the necessary permissions or licences for the export of dual-use technology and chemical weapons precursors. This involves obtaining the requisite approvals from the relevant Minister before attempting to export these goods. Failure to comply with these regulations can lead to severe consequences. The Customs Act 1901 provides that the unauthorised exportation of prohibited goods can result in criminal penalties, including fines and imprisonment. Specifically, the maximum penalty for contravening these regulations can include fines of up to $210,000 for individuals and $1,050,000 for corporations, as well as imprisonment for up to five years. Additionally, civil penalties may also apply, which can further include fines and other sanctions deemed appropriate by the court.