Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 47
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 47
Issued by the Authority of the Minister for Small Business and Consumer
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 the last preceding subsection 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 importation absolutely, or making exportation subject to the permission of a Minister or a specified person.
Regulation 9 of the Regulations controls the exportation of the commodities listed in Schedule 7 by providing that the exportation of such commodities is prohibited unless a permission m writing to export the goods has been granted by the Minister for Primary Industries and Energy or an authorised person and that permission is produced to a Collector. Items 1 and 2 of Schedule 2 extend those export controls to alumina and bauxite.
To implement the Government's policy to remove export controls from these commodities these Regulations omit items 1 and 2 from Schedule 7 to the Regulations (regulation 2.1 refers).
The Regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 47, issued by the authority of the Minister for Small Business and Consumer Affairs, amends the Customs (Prohibited Exports) Regulations to adjust the export controls on certain commodities, specifically alumina and bauxite. The amendment seeks to address the gap in policy by removing the previously imposed export controls on these commodities, aligning with the government's policy objective of facilitating smoother trade practices. The Regulations, which commenced on gazettal, modify Schedule 7 of the original Regulations by omitting items 1 and 2, thereby allowing for the unrestricted exportation of alumina and bauxite, provided that any other applicable conditions or restrictions are met.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 47 amends the existing Customs (Prohibited Exports) Regulations to modify the scope of export controls on certain commodities from Australia. Specifically, these Regulations adjust the export controls previously placed on alumina and bauxite by removing these items from Schedule 7, which lists commodities whose export requires specific permissions. This change reflects the government’s policy decision to lift the export restrictions on these commodities, thereby making their exportation subject to less stringent regulatory oversight. The amended Regulations are effective from the date of their gazettal, ensuring that the changes are immediately applicable. The authority to enact these Regulations stems from Section 112 of the Customs Act 1901, which empowers the Governor-General to prohibit the exportation of goods from Australia and to impose conditions or restrictions on such exports.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1996 No. 47, issued under the authority of the Minister for Small Business and Consumer Affairs, amends the existing Customs (Prohibited Exports) Regulations to alter the export controls on specific commodities. The primary change introduced by these amendments is the removal of export controls on alumina and bauxite, which were previously regulated under Schedule 7 of the Regulations. Regulation 9 of the original Regulations required written permission from the Minister for Primary Industries and Energy or an authorised person for the export of listed commodities, including alumina and bauxite. However, the amendments now exclude items 1 and 2 from Schedule 7, thereby lifting the prohibition on the export of these commodities unless otherwise specified by other regulations or schedules (as per regulation 2.1).
The amendments impose certain obligations on entities and individuals who deal with the exportation of the affected commodities. Previously, exporters of alumina and bauxite had to secure written permission from the relevant Minister or authorised person before exporting these commodities. With the removal of these commodities from Schedule 7, exporters are now free to export alumina and bauxite without needing to obtain such written permission, provided they comply with any other applicable regulations or conditions. This change simplifies the export process for these commodities, potentially reducing administrative burdens and costs for exporters.
The Regulations also outline the consequences for non-compliance with the amended provisions. Although the specific penalties for violating the Customs (Prohibited Exports) Regulations are not detailed in the explanatory statement, it is important to note that the original Regulations would have imposed penalties for unauthorised exports. Typically, these penalties could include fines and, in severe cases, criminal charges. The removal of the export controls does not explicitly state new penalties for non-compliance with the amended provisions, but it is reasonable to assume that any unauthorised export activities, if such controls were reinstated or if other regulations apply, could still result in penalties as per the original Regulations. Therefore, entities and individuals involved in the export of alumina and bauxite should ensure they remain compliant with all relevant laws and regulations to avoid any potential legal repercussions.