Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Public Works Committee Regulations (Amendment) 1992 No. 108 was enacted to address a specific regulatory gap identified in the Public Works Committee Act 1969. This amendment was introduced to clarify the application of the Act in relation to the Export Finance and Insurance Corporation (EFIC), which was re-established as an independent corporation on 1 November 1991. Previously part of the Australian Trade Commission (AUSTRADE), EFIC now engages in trading activities, including the provision of insurance, finance, and guarantee facilities to Australian exporters and overseas buyers, operating in a highly competitive international market. The amendment was made under the authority of the Minister for Administrative Services to ensure that the Act does not apply to EFIC, as its activities fall under the competitive trading or service provision criteria outlined in Paragraph 6A(3) of the Act. The policy objective of this regulation is to exempt EFIC from the oversight of the Public Works Committee, allowing it to operate more flexibly in its competitive environment.

Scope and Application

The Public Works Committee Regulations (Amendment) 1992 No. 108 pertains to the Public Works Committee Act 1969, which establishes the Public Works Committee to investigate and report on public works referred to it by the Parliament. This legislation applies to works proposed to be carried out by or for the Commonwealth that are funded by appropriations from the Parliament. The scope of the Act encompasses any public work within the jurisdiction of the Commonwealth of Australia, ensuring that the activities of Commonwealth authorities align with parliamentary oversight and scrutiny. The regulations also extend to declaring that the Act does not apply to certain Commonwealth authorities engaging in trading or other activities in competition with other bodies, as stipulated in Paragraph 6A(3) of the Act. This amendment specifically addresses the re-establishment of the Export Finance and Insurance Corporation (EFIC) as an independent corporation, exempting it from the Act due to its competitive trading activities in the international market. The regulations further refine the application of the Act through subordinate instruments, providing flexibility and specificity in their enforcement.

Key Provisions

The Public Works Committee Regulations (Amendment) 1992 No. 108, issued under the Public Works Committee Act 1969, includes several key operative sections. Section 3 of the amendment specifically targets the Export Finance and Insurance Corporation (EFIC), which was re-established as an independent corporation on 1 November 1991. Prior to this date, EFIC was part of the Australian Trade Commission (AUSTRAIDE). The amendment aims to address the competitive nature of EFIC's activities in the international market, thus excluding it from the purview of the Public Works Committee Act 1969. Under section 3, the Governor-General is empowered to exempt the EFIC from the Act if satisfied that the corporation is engaged in trading or other activities in competition with other bodies. This decision is informed by the provisions in paragraph 6A(3) of the Act, which allows for such exemptions. The amendment is necessary because EFIC is involved in providing insurance, finance, and guarantee facilities to Australian exporters and overseas buyers, operating in a highly competitive international environment where it competes primarily with similar services offered by overseas government-backed export credit agencies. The obligations and requirements imposed by the Act on the EFIC, as amended, include adherence to the conditions set out in section 3. Specifically, the EFIC must ensure that its activities do not fall under the purview of the Public Works Committee Act 1969, given its engagement in trading activities that compete with other entities. This exemption means that the EFIC is not subject to the reporting and oversight requirements that would typically apply to public works under the Act. The amendment also outlines the consequences for non-compliance, although the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement. Typically, breaches of statutory requirements can lead to penalties, which may include fines or other legal repercussions. However, for the purposes of this amendment, it is important to note that the focus is on ensuring the exemption criteria are met, rather than detailing punitive measures. The Act's overarching purpose is to ensure that the EFIC operates within its defined scope, free from the regulatory oversight that would apply to other public works governed by the Public Works Committee Act 1969.