Customs (Prohibited Exports) Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B03519 Regulations Not in force Legislative Instrument

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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)

Overview

The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1990 No. 190 were enacted by the authority of the Minister of State for Small Business and Customs, pursuant to Section 112 of the Customs Act 1901. These amendments aim to update the existing export control regulations by removing certain prohibitions that have become obsolete due to changing circumstances. The first set of amendments concerns the lifting of sanctions against Namibia, which were previously imposed to align with measures against South Africa. Following Namibia's independence on 21 March 1990, the Government decided to remove these sanctions, a decision implemented through these statutory rules by amending Regulation 13C and Schedule 14 of the Customs (Prohibited Exports) Regulations. Secondly, the rules address the longstanding embargo on the export of copper scrap, which was reviewed and subsequently lifted due to a domestic surplus. Finally, the rules also remove export controls on common salt in bulk, a decision based on a review that found no compelling reasons for its retention. These changes collectively reflect the Government's policy to adapt export controls to current economic and political conditions.

Scope and Application

The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1990 No.190, issued under the authority of the Minister of State for Small Business and Customs, amends the existing Customs (Prohibited Exports) Regulations to modify export restrictions on certain goods. The Regulations apply to entities and individuals involved in the export of goods from Australia, ensuring compliance with the specified conditions and restrictions. These amendments have a national scope, impacting all states and territories within Australia. Notably, the changes include the removal of export prohibitions against certain goods to Namibia, the lifting of export controls on copper scrap, and the removal of export controls on common salt in bulk. These amendments reflect policy decisions influenced by international developments, market conditions, and reviews of existing export controls. The application of these Regulations is further defined and extended through subordinate instruments, ensuring their precise implementation in accordance with the Customs Act 1901.

Key Provisions

The main operative sections of the Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1990 No. 190 include the amendments to the Regulations that remove prohibitions against the exportation of certain goods to Namibia (Regulation 2), the removal of export controls on copper scrap (proposed Regulation 3), and the removal of export controls on common salt in bulk (Regulation 3). These changes effectively lift the restrictions on the export of specified goods, aligning with the Government's decisions following Namibia's independence and the domestic market conditions for copper scrap and salt. The Regulations impose obligations on parties involved in the export of goods specified in the Regulations or Schedules. They require compliance with the specified conditions or restrictions, such as obtaining a licence or approval to export certain goods. The Regulations ensure that any person or entity intending to export these goods must adhere to the conditions set out in the amended Regulations, which may include meeting specific criteria or obtaining necessary permissions before exportation can occur. The Statutory Rules establish consequences for breaches of the Customs (Prohibited Exports) Regulations. Offences under the Customs Act 1901 can lead to penalties for individuals and entities. The maximum penalties for contravening the Customs Act can include fines and imprisonment, depending on the severity of the breach. The specific penalties are not detailed within the Statutory Rules but are outlined in the Customs Act 1901. This means that any unauthorised exportation of the specified goods, in contravention of the Regulations, may result in significant civil or criminal consequences for those found in breach.

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