EXPLANATORY STATEMENT
STATUTORY RULES 1982, NO. 171
Customs (Prohibited Exports) Regulations
Issued by the Authority of the Minister for Industry and Commerce.
Regulation 7 of the Customs (Prohibited Exports) Regulations prohibits the exportation of Aircraft specified in the Fifth Schedule to the regulations unless an approval in writing to export the goods is issued by the Department of Transport.
Regulation 13B of the Customs (Prohibited Exports) Regulations prohibits the exportation from Australia of defence materiel specified in Schedule 13 to the regulations unless a permission in writing to export the goods has been granted by the Minister for Industry and Commerce or an authorized person.
The purpose of the accompanying regulations is to -
(i) transfer the responsibility for the export control under regulation 7 and the Fifth Schedule to the Department of Aviation; and
(ii) transfer the responsibility for the export control under regulation 13B and Schedule 13 to the Minister for Defence Support.
The necessity for these changes was not appreciated at the time when the orders under section 19B of the Acts Interpretation Act 1901 were made on 7 May 1982 in respect of the new administrative arrangements.
Overview
The Customs (Prohibited Exports) Regulations 1982 were enacted to address specific gaps in the administrative oversight of the exportation of controlled goods, namely aircraft and defence materiel. Issued by the authority of the Minister for Industry and Commerce, these regulations were designed to ensure that the exportation of these sensitive items is tightly regulated to safeguard national security and international obligations. The explanatory statement indicates that the initial enactment did not fully account for the need to transfer certain responsibilities to relevant authorities. Consequently, the Customs (Prohibited Exports) Regulations 1982 were amended to transfer the responsibility for the export control of aircraft to the Department of Aviation and the control of defence materiel to the Minister for Defence Support. This shift aims to better align the regulatory framework with the current administrative structure, thereby ensuring more effective oversight and enforcement of export controls on these critical items.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended, apply to entities and individuals engaged in the exportation of specified goods from Australia. These regulations govern the export of particular types of aircraft and defence materiel, ensuring that these exports are subject to stringent controls and approvals. The regulations are designed to prevent the unauthorised export of these sensitive items, thereby maintaining national security and regulatory compliance. The scope of the Act extends across the entire Commonwealth of Australia, imposing obligations on exporters to comply with the specified controls. There are no stated exclusions or exemptions within the regulations themselves; however, the application of these controls may be further refined or extended through subordinate instruments. These subordinate instruments allow for additional specifications and adjustments to the regulatory framework, ensuring it remains responsive to emerging security and policy considerations. The Act and its associated regulations thus create a comprehensive framework for controlling the export of sensitive goods, ensuring that only authorised entities and individuals can undertake such activities.
Key Provisions
The main operative sections of the Customs (Prohibited Exports) Regulations, as outlined in the explanatory statement, are Regulation 7 and Regulation 13B. Regulation 7 stipulates that the exportation of aircraft listed in the Fifth Schedule is prohibited unless written approval to export the goods is obtained from the Department of Transport. Regulation 13B similarly prohibits the exportation of defence materiel specified in Schedule 13, unless written permission is granted by the Minister for Industry and Commerce or an authorised person. These regulations are crucial for maintaining control over the export of sensitive and potentially harmful goods from Australia.
The obligations and requirements imposed by these regulations on the parties or entities they govern are stringent and clear. Any entity or individual wishing to export aircraft specified in the Fifth Schedule must first obtain written approval from the Department of Transport. Similarly, for defence materiel listed in Schedule 13, written permission must be secured from the Minister for Industry and Commerce or an authorised person. This ensures that the export of these items is subject to strict oversight and control, aligning with national security and regulatory standards.
Failure to comply with these regulations can result in significant legal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of export controls can generally lead to substantial fines, seizure of the goods, and potential criminal charges. In severe cases, individuals and companies may face imprisonment, reflecting the gravity with which such violations are treated under Australian law. The regulatory framework is designed to prevent the unlawful export of sensitive items that could compromise national security or be used for unlawful purposes.