Customs (Prohibited Exports) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 160, under the Customs Act 1901, addresses the need to regulate the export of certain items to maintain national security and economic stability. Enacted by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, these regulations specifically aim to control the export of high-frequency changers and related components, along with bulging dies. By amending the Customs (Prohibited Exports) Regulations, this legislative instrument seeks to prevent the unauthorised export of items that could pose risks to national security or economic interests, ensuring compliance with international obligations and domestic policy objectives.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1979 No. 160, pertain to the control and restriction of specific items from being exported out of Australia. This legislation applies to any person or entity attempting to export the listed prohibited items, which now include frequency changers capable of multiphase electrical output between 600 and 2000 hertz, as well as bulging dies. The regulation enforces a national scope, applying uniformly across all states and territories of Australia, and is implemented under the authority of the Customs Act 1901. These regulations do not specify any exclusions, exemptions, or thresholds; however, the application and enforcement of these restrictions may be further detailed in subordinate instruments or additional legislative provisions. The addition of these specific items to the prohibited list aims to regulate and control the export of certain technologies and equipment that could have implications for national security or other significant public interests.

Key Provisions

The Statutory Rules 1979 No. 160, made under the Customs Act 1901, primarily amend the Customs (Prohibited Exports) Regulations by adding new items to the Ninth Schedule. Specifically, section 2 of the Regulation adds two new items to the list of prohibited exports. The first is "frequency changers capable of multiphase electrical output of not less than 600 hertz and not more than 2000 hertz and parts, components and sub-assemblies for such frequency changers" (Schedule 9, Item 8(g)). The second is "bulging dies" (Schedule 9, Item 8(h)). These amendments impose new obligations on parties involved in the export of goods listed in the Ninth Schedule. Exporters and other relevant parties must ensure that they do not export the newly added items without the appropriate permits or authorisations. The regulation is explicit in prohibiting the export of these items unless they are accompanied by a permit issued under the Customs Act 1901. This means that anyone intending to export frequency changers within the specified hertz range or bulging dies must first seek and obtain the necessary export permit from the relevant authorities. Failure to comply with these provisions can result in significant legal consequences. Under the Customs Act 1901, the unauthorised export of prohibited items can be considered an offence. The penalties for such offences can include substantial fines and, in serious cases, imprisonment. The specific penalties depend on the nature and value of the goods involved, but the Act allows for fines up to a substantial amount and imprisonment for up to five years for serious violations. The exact penalties are determined by the court considering the circumstances of the offence.