Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1973 No. 4, made under the Customs Act 1901-1971, introduces an amendment to the Customs (Prohibited Exports) Regulations, specifically updating the Second Schedule to include a prohibition on the export of goods manufactured from the flesh or skin of animals belonging to the family Macropodidae, as well as the flesh of these animals. This regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and dates from 11 January 1973. The policy objective behind this regulation is to address the problem of preserving native wildlife by preventing the commercial exploitation and exportation of products derived from protected species. The amendment aims to align Australian export controls with conservation efforts, ensuring the protection of native animals and their habitats.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1973 No. 4, apply to any person or entity exporting goods that are manufactured wholly or partly from the flesh or skin of animals belonging to the family Macropodidae, which includes kangaroos and wallabies, or the flesh of such animals. This regulation operates within the jurisdiction of the Commonwealth of Australia and extends to all exports from Australia, irrespective of the destination. The scope of these regulations is not restricted by geographical boundaries but applies nationally. The regulations are an extension of the Customs Act 1901-1971, which governs the control of goods entering and leaving Australia. These specific regulations were introduced to address the protection and conservation of native wildlife by prohibiting the export of certain animal products. Subordinate instruments may further detail the application and enforcement of these regulations, but the primary legislative instrument establishes the fundamental prohibitions and jurisdictional reach.

Key Provisions

The main operative section of this regulation is the amendment to the Customs (Prohibited Exports) Regulations, specifically the insertion of a new item in the Second Schedule under Part I. The newly added item (Item 8) prohibits the export of goods manufactured wholly or partly from the flesh or skin of animals of the family Macropodidae, as well as the flesh of animals of the same family (section 2). This amendment is aimed at protecting native Australian species by preventing their exploitation for commercial purposes. Under this regulation, entities or individuals who attempt to export any goods or items specified in Item 8 of the amended Second Schedule are subject to strict prohibitions. This means that any attempt to export kangaroo or wallaby products, including leather goods, meat, and other derivatives, without proper authorisation is strictly forbidden (section 2). Compliance with these regulations is essential to avoid legal repercussions and to uphold the conservation efforts for these native species. The regulation imposes significant obligations on those subject to its provisions. Exporters must ensure that they do not include any products made from Macropodidae in their shipments, and they must obtain any necessary permits or approvals before exporting any goods that could potentially fall under this prohibition. Failure to adhere to these obligations may result in legal consequences, including fines or other penalties as outlined in the Customs Act 1901-1971. For breaches of this regulation, there are potential civil and criminal consequences. Under the Customs Act 1901-1971, individuals or entities found guilty of exporting prohibited items may face fines and penalties. The specific maximum penalties are not detailed in this regulation but can be found in the primary legislation. Additionally, persistent or severe breaches could lead to more severe criminal charges, resulting in imprisonment or further financial penalties, depending on the nature and extent of the violation.