Statutory Rules 1981 No. 721
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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 Regulation under the Customs Act 1901.
Dated 9 April 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
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Second Schedule
The Second Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by adding at the end of Item 1 in Part I “(not being a bird of a species or sub-species specified in Part V of this Schedule)”;
(b) by omitting Item 3 in Part I; and
(c) by adding at the end thereof the following part:
Part V‑Birds
Item No. | Description of goods |
1. | Birds of the following species or sub-species— |
| Diomeda albatrus |
| Pterodroma leucoptera leucoptera |
| Pterodroma solandri |
| Puffinus carneipes hullianus |
| Sula abbotti |
| Fregata andrewsi |
| Ciconia ciconia boyciana |
| Nipponia nippon |
| Branta canadensis leucopareia |
| Accipiter radiatus |
| Buteo buteo toyoshimae |
| Haematornis cheela perplexus |
| Aquila chrysaetos japonica |
| Falco peregrinus fruitii |
| Lagopus mutus japonicus |
| Pedionomus torquatus |
| Tricholimnas sylvestris |
| Grus japonicus |
| Tringa guttifer |
| Anous tenuirostris |
| Columba janthina stejnegeri |
| Columba janthina nitens |
| Cyanoramphus novaezelandiae cookii |
| Cyclopsitta diopthalma coxeni |
| Geopsittacus occidentalis |
| Neophema chrysogaster |
| Pezoporus wallicus |
| Polytelis alexandrae |
| Psephotus chrysopterygius |
| Psephotus dissimilis |
| Psephotus pulcherrimus |
| Ninox squamipila natalis |
| Bubo blakistoni blakistoni |
| Podargus ocellatus plumiferus |
| Atrichornis clamosus |
| Sapheopipe neguchii |
| Dendrocopos leucotos owstoni |
| Picoides tridactylus inouei |
| Malurus coronatus |
| Amytornis dorotheae |
| Amytornis textilis textilis |
| Dasyornis longirostris |
| Dasyornis brachypterus |
| Dasyornis broadbenti littoralis |
| Pycnonotus sinensis orii |
| Troglodytes troglodytes orii |
| Erithacus komadori komadori |
| Erithacus komadori namiyei |
| Erithacus komadori subrufa |
| Turdus dauma amami |
| Drymodes superciliaris colcloughi |
| Cettia diphone panafidinicus |
| Bradypterus pryeri pryeri |
| Strepera graculina crissalis |
| Psophodes nigrogularis |
| Pardalotus quadragintus |
| Zosterops albogularis |
| Lichenostomus melanops cassidix |
| Manorina flavigula melanotis |
| Apalopteron familiare hahasima |
| Chloris sinica kittlitzi |
| Gurrulus lidthi |
2. | Bones, flesh, feathers, eggs and egg-shells of birds of a species or sub-species specified in Item 1. |
3. | Goods manufactured wholly or partly from the bones, flesh, feathers, eggs or egg- shells of a bird of a species or sub-species specified in Item 1. |
1. Notified in the Commonwealth of Australia Gazette on 15 April 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 No. 49.
Overview
The Customs (Prohibited Exports) Regulations 1981, as amended by Statutory Rules 1981 No. 721, are regulations made under the Customs Act 1901 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These amendments were introduced to refine and update the list of prohibited exports, particularly focusing on bird species and their derivatives to better align with conservation efforts and international obligations. The objective of these regulations is to prevent the export of certain bird species and their parts, ensuring compliance with wildlife protection laws and contributing to the global conservation of endangered species. These regulations exemplify the Australian government's commitment to biodiversity preservation and the responsible management of natural resources.
Scope and Application
The Customs (Prohibited Exports) Regulations 1981 (Amendment) targets specific entities involved in the export of certain bird species or sub-species and their derivatives. The regulation applies to individuals, businesses, and any other entities engaged in the exportation of listed birds, their bones, flesh, feathers, eggs, egg-shells, or goods manufactured from these materials. The scope extends to all exports conducted from Australia, ensuring compliance with national laws and international treaties concerning the protection of endangered species. The regulation excludes birds of species or sub-species specified in Part V of the Schedule, ensuring that only prohibited species are subject to the export restrictions. Any amendments or further specifications of the regulation can be made through subordinate instruments, thereby extending or restricting its application as necessary.
Key Provisions
The Customs (Prohibited Exports) Regulations 1981 (Amendment) introduces significant changes to the regulations concerning the export of specific bird species and related items. The main operative sections pertain to the detailed listing of prohibited exports, specifically focusing on certain bird species and their parts, as well as goods derived from them. Under Section 1(a), an amendment is made to Item 1 in Part I, clarifying that the prohibition does not apply to birds of specified species or subspecies listed in Part V. Similarly, Section 1(b) removes Item 3 from Part I, and Section 1(c) adds a new Part V detailing the specific bird species and subspecies that are now subject to export restrictions.
These regulations impose clear obligations on parties and entities involved in the export of birds and related items. Specifically, they mandate that any export of the listed bird species or subspecies, as well as their bones, flesh, feathers, eggs, egg-shells, or goods manufactured from these materials, is strictly prohibited unless explicitly stated otherwise in Part V. This includes both direct exports and any goods that are derived from the prohibited items, as outlined in the new Part V of the schedule. Exporters must ensure compliance with these regulations to avoid legal repercussions.
Failure to adhere to these regulations can result in serious legal consequences. While the specific penalties are not detailed within the text of the amendment, under the broader Customs Act 1901, breaches of export prohibitions can lead to substantial penalties. This includes both criminal sanctions, which may involve fines and imprisonment, as well as civil penalties. The exact penalties would depend on the severity of the breach and could be determined by relevant authorities upon investigation. It is imperative for exporters to fully understand and comply with these regulations to avoid facing such consequences.