Customs (Prohibited Exports) Regulations (Amendment)

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Legislation au F1996B03434 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1973 No. 39

—––––––

REGULATIONS UNDER THE CUSTOMS ACT 1901-1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1971.

Dated this twenty-second day of February, 1973.

Paul Hasluck

Governor-General.

By His Excellencys Command,

Minister of State for Customs and Excise.

—––––––

Amendments of the Customs (Prohibited Exports) Regulations†

1. Regulation 9 of the Customs (Prohibited Exports) Regulations is repealed and the following regulation substituted:—

Prohibition of export of minerals, &c.

9. (1) In this regulation, a reference to an authorized person shall be read as a reference to a person authorized in writing by the Minister of State for Minerals and Energy, for the purposes of this regulation, to approve the exportation from Australia of goods to which this regulation applies.

(2) The following goods are goods to which this regulation applies:—

(a) ores containing copper or tin, whether or not they have been subjected to processing on treatment; mineral or metallic substances produced in the course of processing or treatment of those ores; copper anodes, copper cathodes, copper ingots, copper rods, copper scrap and copper refinery shapes in the form of ingots, wire bars, billets, cakes, rolling blocks or ingot bars; copper alloys in the form of ingots, billets, cakes, rolling blocks or ingot bars and copper alloy scrap; refined tin in the form of ingots or in any other refinery form;

(b) alumina;

(c) natural gas, whether liquefied or not, liquefied petroleum gas, and condensate;

(d) all other minerals including those other minerals that have been subjected to processing or treatment; substances produced in the course of processing or treatment of those other minerals but not including refined products obtained by or from processing or treatment of those other minerals and goods into which products, whether refined or not, obtained by or from processing or treatment of those other minerals have been converted.

 

* Notified in the Commonwealth Gazette on 1973.

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; and 1973, Nos. 4 and 7.

11188/73—Price 5c 10/16.2.1973


(3) The exportation from Australia of goods to which this regulation applies is prohibited unless an approval in writing to the exportation of the goods issued by the Minister of State for Minerals and Energy or by an authorized person is produced to the Collector..

2. Regulation 11 of the Customs (Prohibited Exports) Regulations is repealed and the following regulation substituted:—

Prohibition of export except with approval of Minister of State for Minerals and Energy or authorized person.

11. (1) A reference in this regulation to an authorized person shall be read as a reference to a person authorized in writing by the Minister of State for Minerals and Energy to approve, for the purposes of these Regulations, the exportation from Australia of goods specified in the Ninth Schedule.

(2) The exportation from Australia of the goods specified in the Ninth Schedule is prohibited unless an approval in writing to the exportation of the goods issued by the Minister of State for Minerals and Energy or by an authorized person is produced to the Collector..

Seventh Schedule.

3. The Seventh Schedule to the Customs (Prohibited Exports) Regulations is repealed.

Ninth Schedule.

4. The Ninth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting from the heading the words “the australian atomic energy commission” and substituting the words “the minister of state for minerals and energy or an authorized person”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1973 No. 39, made under the Customs Act 1901-1971, were introduced to regulate the export of specific minerals and substances from Australia. Enacted by the Governor-General in Council, these regulations aimed to address the need for tighter control over the export of critical minerals and energy resources to ensure national security and economic stability. The regulations were designed to prevent the unauthorised export of valuable commodities, including ores containing copper or tin, alumina, natural gas, and other minerals, by requiring written approval from the Minister of State for Minerals and Energy or an authorised person. This legislative measure was intended to uphold the policy objective of safeguarding Australia’s strategic resources and managing their export in a controlled and monitored manner.

Scope and Application

These Regulations, made under the Customs Act 1901-1971, govern the export of specific minerals and substances from Australia, imposing a prohibition on such exports unless authorised by the Minister of State for Minerals and Energy or an authorised person. The Regulations apply to entities and individuals involved in the export of the specified minerals, which include ores containing copper or tin, mineral or metallic substances produced in the course of processing or treatment, alumina, natural gas, liquefied petroleum gas, condensate, and other minerals. These goods are subject to the prohibition unless the exporter presents written approval from the Minister of State for Minerals and Energy or an authorised person. The Regulations apply across the Commonwealth of Australia, extending to all territories and states within the jurisdiction of the Commonwealth. The scope of these regulations is further defined and potentially expanded through subordinate instruments, which may include detailed lists of authorised persons and specific conditions under which exports may be permitted.

Key Provisions

The main operative sections of these Regulations under the Customs Act 1901-1971 are sections 9 and 11, which establish the prohibition on the export of specified minerals and substances from Australia without the necessary written approval from the Minister of State for Minerals and Energy or an authorized person (section 9(2)). The Regulations specify the types of goods subject to this prohibition, including ores containing copper or tin, alumina, natural gas, and other minerals (section 9(2)(a)-(d)). Section 11 further clarifies that the export of goods listed in the Ninth Schedule is similarly prohibited unless approved in writing by the Minister or an authorized person. The Seventh Schedule is repealed, and the Ninth Schedule is amended to reflect these changes. The obligations imposed by these Regulations are primarily on the parties seeking to export specified minerals and substances from Australia. These parties must obtain written approval from the Minister of State for Minerals and Energy or an authorized person before attempting to export these goods (sections 9(2) and 11(2)). This requirement applies to both the initial exportation of these goods and any subsequent exportation after the changes made by these Regulations. The Collector of Customs must be presented with this written approval to facilitate the export process. Failure to comply with the requirements of these Regulations can result in civil and criminal consequences. While the Regulations do not specify exact penalties, breaches of the Customs Act 1901-1971 can lead to significant fines and imprisonment under Australian law. The severity of the penalties may depend on the nature and extent of the breach, but the potential consequences serve as a deterrent against non-compliance. The Regulations' focus on prohibiting the export of certain minerals and substances underscores the importance of adhering to these requirements to ensure compliance with Australian export controls.

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