EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) STATUTORY RULES 1987 NO 318
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE AND SMALL BUSINESS
These Regulations have two purposes:
(i) to remove an impediment to potential exports of lithium carbonate; and
(ii) to effect consequential amendments to the Customs (Prohibited Exports) Regulations as a result of the new Ministerial arrangements embodied in the Administrative Arrangements Orders of 24 July 1987.
BACKGROUND
(i) Lithium
The Government conducts regular reviews of the Ninth Schedule to the Customs (Prohibited Exports) Regulations to ensure that whilst listings remain relevant to Australia’s nuclear non-proliferation objectives, they do not unnecessarily impede Australian exports.
The export control of lithium has been examined recently in the light of a proposal to produce and export lithium carbonate from spodumene, a lithium ore. The product proposed to be exported would appear to come under export controls pursuant to subitem 15(3) of the Ninth Schedule to the Regulations.
The Regulations thus seek to remove an impediment to potential exports of lithium carbonate in a way which is consistent with the Government’s policy on regulatory processes.
(ii) Other Amendments
Following the re-organisation of the Ministerial structure of the Government on 24 July 1987, many of the references to Ministers and Departments of State cited in the Customs (Prohibited Exports) Regulations have changed.
The Regulations seek to effect those amendments which are necessary to confer the appropriate Departments and Ministers with the responsibility for the administration of the various regulations of the Customs (Prohibited Exports) Regulations.
Details of the Regulations are as follows:
Regulation 1 is a machinery provision which identifies the Customs (Prohibited Exports) Regulations as the “Principal Regulations”.
Regulations 2 to 18 effect consequential changes to references to Ministers and Departments as a result of the re-organisation of the Ministerial structure of the Government on 24 July 1987.
Regulation 19 and the Schedule amend those regulations which refer to the “Director-General of Health” by substituting the new title of “Secretary of the Department of Community Services and Health”.
In addition, Regulation 15 effects the substantive change to the export controls on lithium. It provides that item 15 of the Ninth Schedule is omitted and instead, a new item which is substituted imposes narrower restrictions on the exportation of lithium. This will allow the exportation of lithium carbonate while still maintaining the necessary export controls on those special forms of lithium which may threaten Australia’s nuclear non-proliferation objectives.