Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1973 No. 248, enacted under the Customs Act 1901-1971, addresses the regulation of the export of minerals, specifically targeting petroleum and petroleum products. This legislative instrument was introduced to provide greater control over the export of these strategic resources to ensure national security and economic stability. Made under the authority of the Governor-General of Australia, acting on the advice of the Executive Council, the regulation aims to define and restrict the export of petroleum and its products more precisely, thereby supporting policy objectives related to the conservation and controlled use of Australia's natural resources.

Scope and Application

This regulation, made under the Customs Act 1901-1971, amends the Customs (Prohibited Exports) Regulations to specifically address the prohibition of the export of petroleum and petroleum products. The regulation applies to all entities and individuals involved in the export of these goods from Australia. The scope of the regulation encompasses all forms of petroleum, including naturally occurring hydrocarbons and mixtures thereof, as well as petroleum products derived from refining processes or petroliferous minerals. The regulation's geographic reach is national, as it applies to exports from any part of Australia. There are no stated exclusions or exemptions in the text, and the regulation extends to all forms of petroleum and petroleum products, with specific definitions provided to clarify the scope. The regulation may be further refined or expanded through subordinate instruments, although such provisions are not detailed in the text.

Key Provisions

The main operative sections of these regulations are found in the amendment to Regulation 9 of the Customs (Prohibited Exports) Regulations. Specifically, sub-regulation (2)(c) has been replaced to include the prohibition of exporting petroleum and petroleum products (Regulation 9(2)(c)). The regulation further defines what constitutes 'petroleum', 'petroleum products', and 'petroliferous minerals' (Regulation 9(4)). These definitions encompass various forms of naturally occurring hydrocarbons and mixtures, along with substances like hydrogen sulphide, nitrogen, helium, and carbon dioxide. The obligations imposed by these regulations are primarily on entities and individuals attempting to export the listed prohibited items. They must ensure that their export activities do not involve petroleum, petroleum products, or any petroliferous minerals as defined by the regulation. This includes complying with the specific definitions provided to understand what substances are covered under the prohibition. Failure to comply with these definitions and the overall prohibition could result in legal consequences. The regulation also establishes potential offences and consequences for non-compliance. If an entity or individual breaches the provisions by attempting to export prohibited items, they may be subject to penalties. While the specific penalties are not detailed within the provided text, such breaches typically result in fines or other sanctions under the broader Customs Act 1901-1971, which governs these regulations. The severity of the penalties can vary based on the nature and extent of the breach, and it is advisable to consult the primary Act for precise details.