Statutory Rules 1981 No. 2511
_____________
Customs (Prohibited Exports) Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.
Dated 27 August 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
_____________
First Schedule
1. The First Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting from Item 2 “(other than flour)”.
Third Schedule
2. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting Items 1, 14, 16 and 27.
Eighth Schedule
3 The Eighth Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by inserting after Item 11 in Part I the following item:
“11A Dextropropoxyphene”;
(b) by inserting after Item 66 in Part I the following item:
“66A Sufentanil”;
(c) by inserting after Item 67 in Part I the following item:
“67A Tilidine”;
(d) by inserting after Item 9 in Part II the following item:
“9A Mecloqualone”;
(e) by inserting after Item 11 in Part II the following item:
“11A Methaqualone”;
(f) by inserting after Item 12 in Part II the following item:
“12A PCE, (N, ethyl-l-phenylcyclohexylamine)”;
(g) by inserting after Item 14 in Part II the following item:
“14A PHP or PCPY, (l-(l-phenylcyclohexyl) pyrrolidine”;
(h) by inserting after Item 17 in Part II the following item:
“17A TCP, (1-(1-(2-thienyl)cyclohexyl) piperidine”;
(i) by inserting after Item 2 in Part III the following item:
“2A Benzphetamine”;
(j) by inserting after Item 8 in Part III the following item:
“8A Mazindol”;
and
(k) by omitting Item 6 in Part IV.
1. Notified in the Commonwealth of Australia Gazette on 4 September 1981.
2. Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 49 and see also Statutory Rules 1981 Nos. 49, 72, 86, 149 and 225.
Overview
The Customs (Prohibited Exports) Regulations 1981, as amended by Statutory Rules 1981 No. 251, were enacted to address the need for updating the list of prohibited export items under the Customs Act 1901. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these amendments was to reflect changes in international obligations and domestic policies concerning the export of certain substances. This legislative instrument aimed to ensure that the Customs Act 1901 could effectively control and regulate the export of items that may pose risks to public health, safety, or national security.
Scope and Application
The Customs (Prohibited Exports) Regulations 1981, as amended by Statutory Rules 1981 No. 251, apply to all persons and entities engaged in the export of goods from Australia, with a specific focus on prohibiting the export of certain items. These regulations are part of the Customs Act 1901, thereby extending their application across the Commonwealth of Australia. The legislation targets specific substances and products by listing them in various schedules of the Regulations, which are amended to include or exclude certain items. Notably, this particular amendment omits specific substances like flour from the list of prohibited exports and adds several new substances to the list, such as Dextropropoxyphene, Sufentanil, Tilidine, and others. The scope of the Act is broad, encompassing all exports from Australia unless specifically exempted, and the application can be further extended or restricted by subordinate instruments issued under the authority of the Customs Act 1901.
Key Provisions
The Customs (Prohibited Exports) Regulations 1981 (Amendment) introduces several amendments to the existing regulations concerning prohibited exports. Under the First Schedule, the amendment removes the exception for flour from the list of prohibited exports (Item 2). This means that flour, which was previously exempt, is now subject to the same restrictions as other items on the list. The Third Schedule modifies the list by removing Items 1, 14, 16, and 27, indicating that the exports of these items are no longer prohibited. The Eighth Schedule adds new items to the list of substances that are prohibited from export, including Dextropropoxyphene, Sufentanil, Tilidine, Mecloqualone, Methaqualone, PCE, PHP or PCPY, TCP, Benzphetamine, and Mazindol. These additions expand the scope of controlled substances that cannot be exported without proper authorisation.
The obligations imposed by these regulations are primarily on exporters and customs officials. Exporters must ensure that their export declarations comply with the updated list of prohibited items, which now includes flour and excludes certain previously listed items. Customs officials are required to enforce these regulations by inspecting and verifying the contents of shipments to ensure that no prohibited exports are being transported. Failure to comply with these regulations can result in significant legal consequences, including fines and potential imprisonment.
Under these regulations, breaches can lead to both civil and criminal penalties. For civil penalties, the Act provides for fines that can be substantial, depending on the nature and severity of the breach. For criminal offences, the penalties can include imprisonment, with the maximum term varying based on the specific regulations contravened and the circumstances of the offence. The precise penalties are outlined in the Customs Act 1901, which governs the enforcement of these regulations.