Explanatory Statement
Statutory Rules 1986 No. 328
Customs (Prohibited Exports) Regulations (Amendment)
Issued by Authority the Minister of State for Industry, Technology and Commerce
The purpose of the amendment to the above-mentioned Regulations is to add a new item to the list of goods in the 12th Schedule, the exportation of which is prohibited unless the approval of the Minister of State for Arts Heritage and Environment or of an authorised person is produced to the Collector of Customs.
The new item relates to motor vehicles that were designed and built in Australia in the early part of this century. These vehicles will now be subject to export control, as they are considered to be highly significant examples of early Australian endeavours in the field of motor vehicle design and construction.
The amendment will also assist Commonwealth and State bodies in their efforts to obtain and exhibit these culturally and historically significant motor vehicles in public collections.
The amendment provides as follows:
“The Twelfth Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end of that Schedule the following item:
“motor vehicles made or assembled in Australia before 1912”.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No. 328, issued under the authority of the Minister of State for Industry, Technology and Commerce, was enacted to address the problem of the potential exportation of historically significant Australian motor vehicles, specifically those designed and built in the early part of the 20th century. These vehicles are considered to be highly significant examples of early Australian endeavours in the field of motor vehicle design and construction, and their exportation could result in a loss of cultural and historical heritage for the nation. The policy objective of the amendment is to prevent the unapproved export of these culturally and historically significant motor vehicles and to assist Commonwealth and State bodies in obtaining and exhibiting these vehicles in public collections. This amendment ensures that the exportation of such vehicles is subject to control, requiring the approval of the Minister of State for Arts, Heritage and Environment or an authorised person before exportation can occur.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No. 328 applies to the exportation of motor vehicles designed and built in Australia before 1912. These vehicles, considered culturally and historically significant, are now subject to export control unless approval from the Minister of State for Arts, Heritage and Environment or an authorised person is provided to the Collector of Customs. This amendment to the Twelfth Schedule under the Customs (Prohibited Exports) Regulations aims to protect these important artefacts by prohibiting their export unless properly authorised, thereby assisting Commonwealth and state bodies in preserving and exhibiting these significant items within public collections. The regulation extends its jurisdiction nationally, impacting all entities and persons involved in the export of such vehicles. Any exclusions, exemptions, or thresholds are not specified in the amendment itself but may be defined in subordinate instruments or by the authority of the relevant Minister.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No. 328, issued under the authority of the Minister of State for Industry, Technology and Commerce, introduces significant changes to the existing regulations. The primary change, as detailed in the amendment (paragraph 1), is the addition of a new item to the 12th Schedule of the Customs (Prohibited Exports) Regulations. This new item pertains to motor vehicles designed and built in Australia before 1912. These vehicles are now subject to export controls unless specific approval is obtained from either the Minister of State for Arts, Heritage and Environment or an authorised person. This addition aims to protect and preserve highly significant examples of early Australian motor vehicle design and construction, ensuring that these culturally and historically valuable items remain within Australia's public collections.
The amendment imposes specific obligations on parties involved in the export of these motor vehicles. According to section 12 of the Customs Act 1901, any person or entity seeking to export a motor vehicle manufactured in Australia before 1912 must obtain the necessary approval from the Minister of State for Arts, Heritage and Environment or an authorised person (paragraph 1). This approval must be presented to the Collector of Customs before the vehicle can be exported. The process ensures that the exportation of these historically significant items is thoroughly vetted and controlled, preventing their unauthorised removal from the country.
Failure to comply with the provisions of the amended regulations can result in severe consequences. Under section 134 of the Customs Act 1901, any person who contravenes the provisions of the Customs (Prohibited Exports) Regulations may be subject to penalties. Specifically, for the export of a prohibited item without the required approval, the offender may be liable to a penalty of up to $22,200 or imprisonment for up to two years, or both (paragraph 3). Additionally, the vehicles themselves may be forfeited to the Commonwealth, further emphasising the serious nature of attempting to export these historically significant items without the appropriate authorisation.