Statutory Rules
1977 No. 89
REGULATION UNDER THE CUSTOMS ACT 1901.*
I, THE ADMINISTRATOR of the Government 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 this eight day of June, 1977.
Administrator.
By His Excellency’s Command,
(SGD) John Howard
Minister of State for Business and Consumer Affairs.
—––––––
Amendment of the Customs (Prohibited Exports) Regulations†
Regulation 2a of the Customs (Prohibited Exports) Regulations is repealed and the following regulation substituted:—
Exemption of petroleum, &c., exported as aircrafts’ or ships’ stores.
“2a. (1) These Regulations do not apply in relation to the exportation of petroleum or petroleum products taken on board an aircraft or ship for the service of that aircraft or ship.
“(2) In this regulation—
‘ aircraft ’ and ‘ ship ’ have the same meanings as in Part VII of the Customs Act 1901;
‘ petroleum ’ and ‘ petroleum products ’ have the same meanings as in sub-regulation 9 (4).”.
* Notified in the Australian Government Gazette on 15 June 1977.
† Statutory Rules 1958, No. 5 as amended by Statutory Rules 1959, No. 5; 1961. Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 123; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 106 and 121; 1972, No. 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974, Nos. 46, 157, 178 and 250; 1975, Nos. 19, 44, 45, 173 and 224; and 1976, Nos. 169 and 233.
Printed by Authority by the Commonwealth Government Printer
10085/77—Recommended retail price 10c 10/10.5.1977
Overview
The Statutory Rules 1977 No. 89, enacted under the authority of the Commonwealth of Australia, addresses a specific issue within the Customs Act 1901 by amending the Customs (Prohibited Exports) Regulations. This legislative instrument, made by the Administrator with the advice of the Federal Executive Council, aims to provide an exemption for the exportation of petroleum or petroleum products taken on board an aircraft or ship for the service of that aircraft or ship. The regulation was introduced to streamline and clarify the process for exporting such goods, ensuring that they are not subjected to the same restrictions as other prohibited exports. The policy objective appears to be to facilitate the operation of aircraft and ships by allowing necessary fuel and related products to be exported without unnecessary bureaucratic hurdles.
Scope and Application
The Statutory Rules 1977 No. 89, made under the Customs Act 1901, specifically amend the Customs (Prohibited Exports) Regulations to exempt the exportation of petroleum or petroleum products when these are taken on board an aircraft or ship for the service of that aircraft or ship. This amendment applies to any individual or entity exporting petroleum or petroleum products in the context of supplying these goods to aircraft or ships, which is a common practice in the aviation and maritime industries. The exemption is jurisdictional in scope, as it applies nationally throughout Australia, aligning with the overarching authority of the Commonwealth in regulating customs and trade. The regulation does not apply to any exports that do not fall under the specified conditions of being for the service of aircraft or ships, thereby providing clarity and specific exclusion from the general prohibitions on the export of certain goods. This amendment does not introduce any new subordinate instruments but refines the existing framework to accommodate the operational needs of the relevant industries.
Key Provisions
The main operative sections of these regulations pertain to the Customs (Prohibited Exports) Regulations. Specifically, regulation 2a (1) provides an exemption for the exportation of petroleum or petroleum products when they are taken on board an aircraft or ship for the service of that aircraft or ship. Regulation 2a (2) defines the terms "aircraft" and "ship" to have the same meanings as in Part VII of the Customs Act 1901, and "petroleum" and "petroleum products" to have the same meanings as in sub-regulation 9 (4). This regulation effectively exempts the export of petroleum and petroleum products when they are intended to be used as fuel or supplies for aircraft or ships from the prohibitions otherwise applicable under the Customs (Prohibited Exports) Regulations.
The obligations imposed by these regulations on parties or entities governed by them primarily involve ensuring that any export of petroleum or petroleum products taken on board an aircraft or ship for the service of that aircraft or ship complies with the conditions set out in regulation 2a. This means that exporters must verify that the petroleum or petroleum products are intended solely for use as fuel or supplies for the aircraft or ship in question. There are no specific procedural requirements or documentation stipulated by these regulations, but adherence to the exemption criteria is crucial to avoid any regulatory complications.
There are no explicit offences, penalties, or consequences for breach outlined within these regulations. However, failure to comply with the exemption criteria could potentially result in the application of general provisions within the Customs Act 1901 regarding prohibited exports. For example, if petroleum or petroleum products are exported under false pretenses or with intent to circumvent the prohibitions, parties involved may face penalties under sections of the Customs Act 1901, which can include fines and imprisonment. The specific penalties would depend on the severity and intent of the breach, as well as any relevant provisions in the broader legislative framework.