Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 358, made under the Customs Act 1901, amend the Customs (Prohibited Exports) Regulations to modify the procedure for approving the export of prohibited goods. Enacted by the Governor-General of Australia with the advice of the Federal Executive Council, these regulations aim to refine the control over the exportation of specific goods that are subject to prohibition, thereby addressing issues related to the management and oversight of such exports. The regulations are designed to ensure that only authorised personnel, either public servants or those specifically endorsed by the Minister for Primary Industry, can approve the export of items listed in the Third Schedule of the Customs (Prohibited Exports) Regulations.

Scope and Application

The Statutory Rules 1980 No. 358, made under the Customs Act 1901, amend the Customs (Prohibited Exports) Regulations by specifically modifying the authorisation process for the exportation of prohibited goods. These regulations apply to all officers or employees of the public service of the Commonwealth, a State, or the Northern Territory, as well as officers of, or employed by, an authority of these jurisdictions, who are authorised in writing by the Minister for Primary Industry. This amendment replaces the previous authorisation process by specifying the types of officers who can approve exports of goods listed in the Third Schedule. Furthermore, the amendment includes a saving provision, ensuring that any authorisations given under the previous regulations remain valid under the new amendments. This legislative instrument impacts the control and management of prohibited exports within Australia, affecting industries involved in the export of restricted goods.

Key Provisions

The main operative sections of these Regulations, under the Customs Act 1901, amend the Customs (Prohibited Exports) Regulations, specifically targeting the authority to approve the export of certain goods. Regulation 1 of these Regulations replaces the previous definition of an authorised officer under Regulation 5 of the Customs (Prohibited Exports) Regulations. It now specifies that an authorised officer is someone who is either an officer or employee of the Commonwealth, a State, or the Northern Territory, or an officer or employee of an authority of the Commonwealth, a State, or the Northern Territory, who has been authorised in writing by the Minister for Primary Industry to approve exports of goods listed in the Third Schedule. This change effectively centralises the authority for approving exports of prohibited goods to the Minister for Primary Industry. These Regulations impose clear obligations on any entity or individual seeking to export goods listed in the Third Schedule. To export such goods, an individual must be authorised by the Minister for Primary Industry. This authorisation can only be granted to officers or employees of the Commonwealth, a State, or the Northern Territory, or to officers or employees of an authority of the Commonwealth, a State, or the Northern Territory, who are specifically authorised in writing by the Minister. This requirement ensures that exports of prohibited goods are tightly controlled and only occur with explicit ministerial approval. Failure to comply with these Regulations can lead to significant legal consequences. The Customs Act 1901, under which these Regulations are made, provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a maximum of $22,200 for individuals and $111,000 for bodies corporate, depending on the nature and severity of the breach. Criminal penalties can include imprisonment for up to five years, or both a fine and imprisonment, depending on the offence. These penalties underscore the seriousness with which the Australian government treats the unauthorised export of prohibited goods.