Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 416
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 416
Issued by the Authority of the Minister for Small Business, Customs and Construction
Customs Act 1901
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by subsection (1) may be exercised - (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of paragraph (2)(c), the regulations -...(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ... "
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or specified person.
Paragraph 112(2A)(aa) of the Act provides that the Regulations may identify the goods to which the Regulations relate by reference to their inclusion in a list or document formulated and published by a Minister, or by reference to their inclusion in that list as amended by the Minister. Where the Minister makes an amendment to the list or document, then the amendment is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (subsection 112(2AA) refers).
Pursuant to s 112 of the Act, regulation 13E of the Regulations prohibits the exportation of goods that are specified in the strategic goods fist unless a licence or permission has been granted and is produced to a Collector (subregulation 13E(2) refers). "Strategic goods list" is defined as the document formulated and published under paragraph 112 (2A) (aa) of the Act by the Minister for Defence that is entitled "Australian Controls on the Export of Technology with Civil and Military Applications" and is dated September 1992, or that document as amended under that paragraph by the Minister and in force from time to time.
Within the last year, factors have required the strategic goods list to be substantially rewritten rather than updated. A new document has therefore been published, with the date of November 1994 replacing that of September 1992.
Subregulation 2.1 amends the definition of "strategic goods list" by omitting the reference to the September 1992 document, substituting a reference to the November 1994 document.
The regulations commenced on gazettal.
Authority: Section 112 of the Customs Act 1901
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 416 was introduced to update the regulatory framework governing the exportation of strategic goods from Australia. Enacted under the authority of the Minister for Small Business, Customs and Construction, this amendment responds to the need for a more current and relevant strategic goods list. The Customs Act 1901 grants the Minister the power to regulate the exportation of goods, and this amendment seeks to align the regulatory list with the most recent developments in technology and international trade considerations. The policy objective is to ensure that the exportation of strategic goods remains tightly controlled, reflecting current national security interests and international obligations. The regulations commenced upon gazette publication, ensuring that the updated strategic goods list is immediately enforceable.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 416 applies to the exportation of goods from Australia, specifically those classified as strategic goods. These regulations are amendments to the existing Customs (Prohibited Exports) Regulations, which are themselves an extension of the Customs Act 1901. The primary purpose of this amendment is to update the definition of the "strategic goods list" to reflect the most recent document published by the Minister for Defence in November 1994, replacing the previous version from September 1992. The amendment ensures that the list of goods whose export is subject to restrictions is current and reflects the latest strategic considerations. The regulations apply to any person or entity attempting to export goods listed in the strategic goods list, and the geographic scope of these regulations is national, as they pertain to exports from Australia. The regulations do not specify any exclusions, exemptions, or thresholds, but rather impose a requirement for a licence or permission to export strategic goods, as outlined in the updated strategic goods list. Subordinate instruments may further detail the specific conditions or restrictions under which these exports can occur.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 416 amends the existing regulations concerning the exportation of goods from Australia by updating the reference to the strategic goods list. According to section 112 of the Customs Act 1901, the Governor-General has the authority to prohibit the export of certain goods from Australia, subject to certain conditions or restrictions. The existing regulation 13E of the Customs (Prohibited Exports) Regulations prohibits the exportation of goods listed in the strategic goods list unless a licence or permission has been granted. The amendment to the regulation involves updating the definition of the "strategic goods list" to reflect the most recent version of the document, published in November 1994, instead of the September 1992 version.
The Customs (Prohibited Exports) Regulations impose specific obligations on parties and entities involved in the exportation of goods listed in the strategic goods list. Exporters must ensure they have obtained the necessary licence or permission before attempting to export any such goods. They must also present this licence or permission to a Collector as required by subregulation 13E(2) of the Regulations. The obligation extends to ensuring that any amendments to the strategic goods list are adhered to, as the list itself is subject to changes and updates by the Minister for Defence.
Failure to comply with the requirements of the Customs (Prohibited Exports) Regulations can result in both civil and criminal consequences. Under section 114 of the Customs Act 1901, a person who contravenes a regulation made under section 112 may be liable for a penalty. The maximum penalty for an individual is generally outlined in the specific provisions of the Act and can include fines or imprisonment, depending on the nature and severity of the offence. Additionally, the Act allows for the seizure of goods that are the subject of the prohibited exportation, further emphasising the seriousness with which these regulations are enforced.