EXPLANATORY STATEMENT
Statutory Rules 1986 No 178
Customs (Prohibited Exports) Regulations (Amendment)
Issued by Authority of the Minister of State for Industry. Technology & Commerce
Regulations 5 and 13 of the Customs (Prohibited Exports) Regulations prohibit the exportation of goods from Australia without the written consent of the Minister for Primary Industry, or an authorised officer. Regulation 13 additionally imposes certain restrictions that must be met before the exportation of goods is permitted.
As a result of de-regulation initiatives within the Primary Industry portfolio, the Minister for Primary Industry has requested the removal of the export control on wheat products and timber.
The regulations amend the Customs (Prohibited Exports) Regulations as follows:
Regulation 1 is a machinery regulation. identifying the Customs (Prohibited Export) Regulations as the principal Regulations.
Regulation 2 repeals Regulation 13 of the principal Regulations, as a consequence of the removal of the only item in the Schedule to which that Regulation relates.
Regulation 3 repeals items:
4 Breakfast foods made from or containing wheat;
10 Flour;
22 Rice substitutes made from wheat;
24 Semolina;
25 Sharps; and
32 Wheat meal
from the Third Schedule to the Principal Regulations.
Regulation 4 repeals the entire Eleventh Schedule to the Regulations, as a consequence of the removal of the only item (timber) in that Schedule.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1996 were enacted to address the need for de-regulation within the Primary Industry portfolio, particularly concerning the exportation of wheat products and timber. This amendment was introduced by the Minister of State for Industry, Technology and Commerce, acting under the authority granted by the relevant legislature. The primary objective of these regulations is to streamline export processes by removing unnecessary controls on specified goods. This change aims to facilitate smoother trade operations and reflect updated policy stances regarding the export of certain agricultural products from Australia. The regulations effectively repeal specific items from the schedules of the Customs (Prohibited Exports) Regulations, thereby eliminating the requirement for written consent from the Minister for Primary Industry or an authorised officer for the export of wheat products and timber.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No 178, issued under the authority of the Minister for Industry, Technology and Commerce, pertain to the amendment of export controls on specific goods from Australia. This legislative amendment removes the requirement for written consent from the Minister for Primary Industry or an authorised officer for the export of wheat products and timber. The regulations impact entities and industries involved in the export of these goods, particularly agricultural and forestry sectors. Geographically, the scope of these regulations extends to the national level, affecting all states and territories within Australia. The amendments do not explicitly mention exclusions, exemptions, or thresholds but focus on the removal of specific export restrictions. The application of these regulations may be further defined or extended through subordinate instruments, which could provide additional detail on the implementation and compliance requirements.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) (F1996B03494) primarily amend the Customs (Prohibited Exports) Regulations by removing certain export controls on wheat products and timber. Regulation 2 of the amendment repeals Regulation 13 of the principal Regulations, which previously imposed specific restrictions on the exportation of certain goods. The removal of these restrictions follows the de-regulation initiatives within the Primary Industry portfolio. Regulation 3 repeals items from the Third Schedule of the principal Regulations, which included breakfast foods made from or containing wheat, flour, rice substitutes made from wheat, semolina, sharps, and wheat meal. Regulation 4 repeals the entire Eleventh Schedule, which previously restricted the exportation of timber.
The amendment imposes specific obligations on parties or entities that were previously subject to the export controls. Under the repealed Regulation 13, entities seeking to export certain wheat products and timber had to obtain written consent from the Minister for Primary Industry or an authorised officer. With the removal of these controls, entities are no longer required to seek such consent for the exportation of the specified wheat products and timber. This change simplifies the export process for these goods and removes the administrative burden of obtaining written consent.
The amendment does not explicitly introduce new offences or penalties for breach. However, any previous breach of the export controls that were repealed would no longer constitute an offence under the amended Regulations. Prior to the amendment, the exportation of prohibited goods without the required consent could have resulted in criminal or civil penalties. The principal Regulations, not amended by this instrument, may still contain provisions for offences and penalties related to the exportation of other goods. The maximum penalties for breaches of the Customs (Prohibited Exports) Regulations generally depend on the nature and severity of the offence, with potential fines and imprisonment for serious violations.