Customs (Prohibited Exports) Regulations (Amendment)

Overview

The 1972 amendment to the Customs (Prohibited Exports) Regulations was enacted to address the growing concern over the unsustainable exploitation of crocodile populations due to the increasing demand for crocodile skin products internationally. This regulation was made under the authority of the Customs Act 1901-1971 by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The specific policy objective was to curb the export of goods made from crocodile skin, thereby protecting native crocodile species and ensuring their conservation. The amendment was designed to fill a gap in existing legislation by explicitly prohibiting the export of these goods, thus contributing to the broader goal of wildlife preservation and regulation of trade in endangered species.

Scope and Application

The regulation made under the Customs Act 1901-1971 applies to the prohibition of exports of goods manufactured wholly or partly from crocodile skin, extending to all individuals and entities engaged in the exportation of such goods. This includes manufacturers, traders, and exporters who deal in these items. The geographic reach of this regulation is national, as it pertains to the entire Commonwealth of Australia, thereby affecting all states and territories within the country. The regulation does not specify any exclusions or exemptions but rather imposes a blanket prohibition on the export of crocodile skin goods. This legislative measure is designed to protect native wildlife and prevent the illegal trade of endangered species. The application of the regulation can be further detailed or extended through subordinate instruments, which may provide additional specifics or clarifications regarding enforcement and compliance.

Key Provisions

The main operative sections of this regulation (F1996B03431) introduce a new prohibition on the export of goods made from crocodile skin under the Customs (Prohibited Exports) Regulations. Specifically, section 7 of the Second Schedule now includes "goods manufactured wholly or partly from crocodile skin" as a prohibited export. This amendment ensures that any exports containing such materials are subject to customs regulations and restrictions. The regulation imposes obligations on entities and individuals involved in the export of goods made from crocodile skin. They must ensure compliance with the new prohibition by verifying that any goods intended for export do not contain materials derived from crocodile skin. This includes maintaining detailed records and documentation to demonstrate compliance with the regulation. Exporters must also be aware of and adhere to any additional requirements or certifications that may be necessary under related legislation. Failure to comply with the new prohibition on exporting goods made from crocodile skin can lead to significant consequences. Under the Customs Act 1901-1971, breaches of these regulations can result in civil penalties. The maximum penalty for individuals may include fines up to a substantial amount, while corporate entities may face even higher fines. Additionally, persistent or serious breaches could lead to criminal charges, resulting in imprisonment for those found guilty. These penalties underscore the seriousness with which the Australian government treats the protection of endangered species and the regulation of their trade.