EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO.190
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS
Section 112 of the Customs Act 1901 provides in part that:
“1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
2) The power conferred by sub-section (1) may be exercised - … (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
2A) Without limiting the generality of paragraph (2)(c), the Regulations - …(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and …”
The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the goods specified in the various Regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a specified person or Minister of State.
The Statutory Rules contain several amendments to the Regulations which:
i) remove the prohibitions against the exportation of certain goods to Namibia;
ii) remove export controls on copper scrap; and
iii) remove export controls on common salt in bulk.
Background
i) Removal of sanction measures against the exportation of goods to Namibia
In March 1987 the Government decided that sanction measures against South Africa be extended to Namibia from 1 June 1987. The export sanction measures were implemented by Statutory Rules 97 of 1987 which amended the Regulations. The sanctions were contained in Regulation 13C and Schedule 14 of the Regulations.
• The prohibited exports included the following goods: batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes; computer hardware, including central processing units; crude oil, petroleum and petroleum products; and training equipment designed or adapted for military purposes.
Following Namibia’s independence from South Africa on 21 March 1990, the Government decided on 2 April 1990 to remove the sanctions, with effect from the date of independence.
The Statutory Rules put into effect the decision of the Government of 2 April 1990 as follows:
• Regulation 2 amends Regulation 13C of the Customs (Prohibited Exports) Regulations by removing all references to Namibia;
• Regulation 1 provides that the commencement of the removal of the existing prohibitions against the exportation of certain goods to Namibia will be 21 March 1990; and
• Regulation 4 amends Schedule 14 to the Customs (Prohibited Exports) Regulations by omitting the reference to Namibia in the heading to the Schedule.
ii) Removal of export controls on copper scrap
The embargo on export of copper scrap has been in place since 1964. In 1984 the Government agreed that the embargo should be reviewed if a domestic surplus appeared. A surplus has now arisen on the domestic market. The Government considers that the most appropriate action in response to the current surplus is to amend Schedule 7 to the Regulations to remove item 4 of that Schedule.
The Statutory Rules put into effect this decision, as follows:
• proposed Regulation 3 amends Schedule 7 to the Customs (Prohibited Exports) Regulations by omitting “Copper scrap and copper alloy scrap; basic shapes cast from copper scrap or copper alloy scrap”, (ie. item 4)
iii) Removal of export controls on common salt in bulk
As a follow up to the Industry Development Review published in May 1988, a review of export controls has been completed. That review recommended that consideration be given to the removal of export controls on salt, as there
were no compelling reasons for its retention. On 18 January 1990 the Government decided to remove such controls from the Regulations. The Statutory Rules put into effect this decision, as follows:
• Regulation 3 amends Schedule 7 to the Customs (Prohibited Exports) Regulations by omitting “Common salt in bulk” (ie. item 14).
The retrospective commencement of the removal of sanction measures against the exportation of goods to Namibia does not offend Section 48(2) of the Acts Interpretation Act 1901, as it effectively confers a benefit and therefore does not impose any liabilities upon any persons.
(S.R. 200/90)