Customs (Prohibited Exports) Regulations (Amendment)

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Legislation au F1996B03408 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1963. No. 130.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1963.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1963.

Dated this sixth

day of December , 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

 

Sgd. DENHAM HENTY

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Exports) Regulations. †

Prohibition against export except with approval of Department of Trade.

1. Regulation 12 of the Customs (Prohibited Exports) Regulations is repealed.

Second Schedule.

2. Part One of the Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 8.

Third Schedule.

3. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by—

(a) inserting the following item—

“13

 Live pearl shell oysters”; and

(b) omitting item 20.

Sixth Schedule.

4. The Sixth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 3.

Ninth and Tenth Schedules.

5. The Ninth Schedule, and the Tenth Schedule, to the Customs (Prohibited Exports) Regulations are repealed and the following Schedule is inserted in their stead:—

NINTH SCHEDULE. Reg. 11.

Goods the Exportation of which is Prohibited unless the Approval of the Australian Atomic Energy Commission is Produced to the Collector.

Item No.

Description of Goods.

1

(1) Beryllium metal and any goods made wholly of beryllium metal other than beryllium windows for medical X-ray machines

 

(2) Beryllium alloys containing more than 50 per centum of beryllium by weight

 

(3) Beryllium oxide and beryllium compounds

2

Calcium containing both less than one thousandth (0.001) per centum by weight of boron and less than one hundredth (0.01) per centum by weight of impurities other than magnesium and boron

3

Gas centrifuges capable of the enrichment or separation of isotopes

4

Turbo, centrifugal and axial flow compressors and blowers, having a capacity of not less than 60 cubic feet per minute and wholly made of, or lined with, aluminium, nickel or an alloy containing not less than 60 per centum of nickel

* Notified in the Commonwealth Gazette on 12th December ,1963.

† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; and 1961, Nos. 16 and 112.

10810/62.—Price 3d. 9/14.10.1963.


Ninth Schedule—continued.

Item No.

Description of Goods.

5

(1) Deuterium

 

(2) Compounds, mixtures and solutions containing deuterium in which the ratio of the number of deuterium atoms to hydrogen atoms exceeds 1 : 5,000

6

Dosimeters for personal radiation monitoring capable of measuring·—

 

(a) in one exposure, a dosage of between 25 and 800 roentgens; or

 

(b) dose rates of between one to 80 roentgens per hour,

 

other than film dosimeters and dosimeters designed specifically for use with medical radiation equipment

7

Electrolytic cells specifically designed to produce more than 100 grammes of fluorine per hour

8

Equipment designed for the separation of isotopes of lithium, of uranium or of lithium and uranium

9

(1) Fluorine

 

(2) The following fluorinated compounds:—

 

(a) chlorine trifluoride;

 

(b) trichlorotrifluoroethane;

 

(c) dichlorotetrafluoroethane

10

Fissionable materials, namely:—

 

(a) plutonium;

 

(b) uranium enriched in isotope 235;

 

(c) isotope 233 of uranium;

 

(d) irradiated uranium containing plutonium;’

 

(e) irradiated thorium containing uranium 233; and

 

(f) compounds, alloys and mixtures of any of the materials specified in this item

11

Graphite (artificial)—

 

(a) that is in the form of blocks or rods from which a cube of 2 inches side or greater can be cut;

 

(b) that has a boron content not exceeding one part per million; and

 

(c) the total thermal neutron absorption cross section of which does not exceed five millibarns per atom

12

(1) Hafnium metal

 

(2) Alloys and compounds containing more than 15 per centum of hafnium by weight

13

Heat exchangers capable of being used in gaseous diffusion plants, designed to operate at sub-atmospheric pressures, having a leak rate of less than 10−4 atmospheres per hour under a pressure differential of one atmosphere, and the clad tubes of which are made of any of the following materials:—

 

(a) aluminium;

 

(b) copper;

 

(c) nickel;

 

(d) alloy containing more than 60 per centum of nickel; or

 

(e) a combination of two or more of the materials specified in this item

14

Ion separatere that are—

 

(a) electro-magnetic; and

 

(b) of high sensitivity,

 

including—

 

(c) mass spectographs having analyser assemblies capable of handling uranium hexafluoride;

 

(d) mass spectrometers having such analyser assemblies;

 

(e) solid source mass spectrographs; and

 

(f) solid source mass spectrometers

15

(1) Lithium metal

 

(2) Lithium alloys

 

(3) Lithium compounds

16

Minerals, raw and treated (including residues and tailings), containing more than 0.05 per centum of uranium or thorium, singly or together, including the following minerals:—

 

(a) monazite and monazite sands;

 

(b) ores containing thorium (including uranothorianite); and

 

(c) ores containing uranium (including pitchblende)


Ninth Schedule—continued.

Item No.

Description of Goods.

17

Nickel in any of the following forms:—

 

(a) wire containing not less than 95 per centum of nickel, being wire not exceeding 0.10 millimetres in diameter;

 

(b) woven wire mesh composed of wire containing not less than 95 per centum of nickel and containing not less than 60 wires per linear centimetre; and

 

(c) nickel powder the particle size of which is less than 200 microns

18

(1) Nuclear reactors capable of operation so as to maintain a controlled self-sustaining fission chain reaction

 

(2) Major components of nuclear reactors including—

 

(a) reactor vessels;

 

(b) core support structures;

 

(c) coolant pumps;

 

(d) fuel element handling equipment;

 

(e) heat exchangers; and

 

(f) control rod drive mechanisms

19

Positive ion sources suitable for use in mass spectrographs and mass spectrometers and capable of handling uranium hexafluoride

20

(1) Thorium (wrought or unwrought)

 

(2) Alloys, mixtures and compounds containing thorium but excluding—

 

(a) alloys containing less than 1.5 per centum of thorium by weight; and

 

(b) medicinals

21

(1) Tritium

 

(2) Compounds containing tritium in which the ratio of tritium to hydrogen by atoms exceeds one part in 1,000

22

(1) Uranium, natural (wrought or unwrought)

 

(2) Alloys, mixtures and compounds containing natural uranium with an uranium content exceeding 0.05 per centum, but not including medicinals

23

Valves—

 

(a) that are 3 centimetres or greater in diameter with bellows seal;

 

(b) that are made of, or lined with, aluminium, nickel or an alloy containing not less than 60 per centum of nickel;

 

(c) that are either manually or automatically operated; and

 

(d) that have other than metal to metal seats

24

Zirconium, and any goods made of zirconium—

 

(a) in which the ratio of hafnium content to zirconium content is less than 1 : 500 parts by weight; and

 

(b) being—

 

(i) zirconium metal;

 

(ii) alloys containing more than 50 per centum by weight of zirconium; or

 

(iii) compounds of zirconium

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Customs (Prohibited Exports) Regulations 1963 were made under the Customs Act 1901-1963 and were enacted to address the need for regulating the exportation of certain goods that are sensitive due to their potential use in atomic energy or nuclear activities. These regulations were introduced to ensure that the export of specific materials and equipment that could be used in the development or proliferation of nuclear weapons is strictly controlled. The regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Customs and Excise. The policy objective was to align the export controls with the national and international obligations concerning the non-proliferation of nuclear weapons and materials. These regulations outline a list of goods that require specific approval for export, thus reinforcing Australia’s commitment to global non-proliferation efforts.

Scope and Application

The Customs (Prohibited Exports) Regulations 1963, made under the Customs Act 1901-1963, provide a framework for prohibiting the export of certain goods from Australia unless specific approval is obtained from the Department of Trade or the Australian Atomic Energy Commission. These regulations apply to all individuals and entities within the Commonwealth of Australia who seek to export the listed goods. The scope of the Act includes various materials and equipment that have potential applications in atomic energy, isotope separation, and nuclear technology, thereby covering a broad range of industries including but not limited to mining, metallurgy, and nuclear research. The geographic reach of these regulations is national, applying uniformly across all states and territories of Australia. The regulations also extend to any goods that fall under the descriptions listed in the Ninth and Tenth Schedules, which detail specific materials such as beryllium metal, deuterium, fissionable materials, and others. The regulations further specify exclusions and exemptions by detailing which forms or concentrations of the listed materials are not subject to the prohibition. Any amendments or additions to the scope of the Act may be made through subordinate instruments, allowing for flexibility in response to changing technological and regulatory landscapes.

Key Provisions

The operative sections of the Customs (Prohibited Exports) Regulations, as amended by these statutory rules, primarily focus on the prohibition of exporting certain goods without specific approval. Regulation 12 has been repealed, and the list of prohibited items has been revised. Specifically, live pearl shell oysters have been added as a new item (Regulation 3(a)), while certain other items have been omitted (Regulation 3(b), Regulation 4, and Regulations 5). The Ninth and Tenth Schedules have been repealed and replaced with a new Ninth Schedule detailing the goods whose export requires approval from the Australian Atomic Energy Commission. This includes various materials and equipment related to nuclear technology and isotope separation. Entities and individuals must ensure that any export of the listed goods is accompanied by the necessary approval from the Australian Atomic Energy Commission. This requirement applies to any attempt to export goods that are now or will be subject to these regulations, whether by individuals or corporate entities. Approval must be obtained prior to the shipment of the goods, and failure to do so could result in the goods being detained or seized at the border. Breach of these regulations can result in significant legal consequences. Unauthorized export of the listed goods can be considered a violation of the Customs Act 1901-1963, leading to potential criminal charges. The penalties for such violations may include substantial fines and imprisonment. The exact penalties are not specified in these regulations but can be severe, reflecting the importance of controlling the export of these sensitive materials. Additionally, any goods found to be in breach of these regulations may be subject to seizure and forfeiture under the Customs Act.

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