Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1967 No. 59, enacted on 28 April 1967, were established by the Commonwealth of Australia under the authority of the Customs Act 1901-1966. These regulations, made by the Administrator of the Government acting with the advice of the Federal Executive Council, aim to amend the Customs (Prohibited Exports) Regulations by updating the list of prohibited exports. This update includes the addition of specific narcotic substances such as acetorphine, acetyldihydrocodeine, concentrate of poppy straw, etorphine, and piritramide, along with their respective salts and preparations. Additionally, the regulations modify the description of prohibited metal items to include sheets, ingots, and scrap metal. The intent behind these amendments is to tighten control over the export of hazardous substances and materials that could be used illicitly or pose a risk to national security. The policy objective of these amendments is to enhance the regulatory framework governing the export of dangerous substances and materials. By updating the list of prohibited exports, the regulations aim to prevent the illegal trafficking of these items, thereby safeguarding public health and safety, and aligning Australia’s export controls with international standards and obligations. This legislative action was taken to fill the gap in the existing regulatory framework, ensuring that the export of harmful substances is adequately controlled and monitored to mitigate associated risks.

Scope and Application

The Statutory Rules 1967 No. 59, made under the Customs Act 1901-1966, specifically amends the Customs (Prohibited Exports) Regulations. These regulations are aimed at controlling the export of certain items that are either restricted due to their potential for illicit use or for other regulatory reasons. The scope of these regulations applies to any person or entity involved in the export of goods listed as prohibited, which includes individuals, corporations, and any other legal entity engaged in export activities within Australia. The jurisdiction of these regulations is national, as they are enacted under the Commonwealth of Australia and thus apply across all states and territories. The amendments update the list of prohibited exports to include specific narcotics and their derivatives, such as acetorphine, acetyldihydrocodeine, etorphine, and piritramide, along with their salts and preparations. Additionally, the regulations clarify the types of metal products that are subject to restrictions, specifically expanding the scope to include sheets, ingots, and scrap metal. These regulations do not explicitly state exclusions or thresholds, but they are intended to be comprehensive within the context of the listed items. Any further application or interpretation of these regulations may be detailed in subordinate instruments or guidelines issued by the relevant authorities.

Key Provisions

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1967 No. 59, modify the list of substances and materials that are prohibited from being exported from Australia. Specifically, Part II of the Second Schedule (Item 1) now prohibits the export of acetorphine and its salts, as well as any preparations containing these substances (Regulation 1(a)). Additionally, acetyldihydrocodeine and its salts, along with any preparations containing these, are now also prohibited (Regulation 1(b)). Regulation 1(c) introduces a prohibition on the export of concentrate of poppy straw, which is defined as an extract containing the alkaloids of poppy straw. Regulation 1(d) adds etorphine and its salts, along with preparations containing these, to the list of prohibited items. Lastly, Regulation 1(e) prohibits the export of piritramide and its salts and any preparations containing these substances. These regulations impose obligations on individuals and entities to ensure that they do not export the listed substances and materials without the necessary permits and approvals. The Regulations require that all exports of these items are accompanied by the appropriate documentation and that the exporters comply with any additional conditions or restrictions that may be imposed by the relevant authorities. The Regulations also require that importers and other persons who receive these items in Australia take appropriate steps to ensure that they do not re-export these items without the necessary approvals. Breaching these Regulations may result in criminal and civil penalties. Under the Customs Act 1901 (Cth), any person who exports or attempts to export any of the listed items without the necessary permits or approvals may be liable to a fine of up to $21,000 or imprisonment for up to five years, or both (Section 151). Additionally, any person who is found to have contravened these Regulations may also be liable to pay a civil penalty of up to $21,000 for each offence (Section 151A). These penalties may be increased in cases where the offence is committed by a corporation or where the offence involves particularly serious circumstances. It is important for individuals and entities to ensure that they comply with these Regulations to avoid any potential criminal or civil liability.