Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 33
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 33
Issued by the Authority of the Minister for Small Business and Consumer Affairs
Customs Act 1901 (C'th)
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (C'th) ("the Act") provides in part that:
"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by the last preceding subsection 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 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 Minister or a specified person.
Regulation 9 of the Regulations controls the exportation of the commodities listed in Schedule 7 by providing that the exportation of such commodities is prohibited unless a permission in writing to export the goods has been granted by the Minister for Primary Industries and Energy or an authorised person and that permission is produced to a Collector. Item 11 Schedule 7 extends those export controls to liquefied natural gas (LNG).
To implement the Government's policy to remove export controls from this commodity these Regulations omit item 11 from Schedule 7 to the Regulations (regulation 2.1 refers).
The Regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 33, issued under the authority of the Minister for Small Business and Consumer Affairs, is an amendment to the Customs (Prohibited Exports) Regulations, which were made under the Customs Act 1901. This amendment was enacted to address the need to update the regulations concerning the exportation of goods from Australia, specifically by removing certain export controls that were no longer in line with government policy. The Customs Act provides the legislative basis for the regulations, empowering the Governor-General to prohibit the exportation of goods, either absolutely or under specific conditions. This amendment aims to streamline the export control framework by eliminating the previously mandated export controls on liquefied natural gas, thereby facilitating the export of this commodity in accordance with the government's policy objectives.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 33 applies to the exportation of goods from Australia as outlined in the Customs Act 1901 (C'th). This Act allows the Governor-General to prohibit or regulate the exportation of specified goods through the issuance of regulations, which can be amended or added to through subordinate instruments. Specifically, the Regulations amend the existing list of prohibited and controlled exports by removing liquefied natural gas (LNG) from the list of commodities whose exportation is controlled under Schedule 7, effectively deregulating its export. The application of these regulations is broad, affecting any person or entity looking to export goods listed in the Schedules to the Regulations, unless they obtain the necessary permissions or licences as prescribed. The amendments are effective from the date of their gazette, thereby immediately altering the legal framework governing the export of the specified commodities.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 33 amends the existing Customs (Prohibited Exports) Regulations by removing specific export controls on certain commodities. Under Section 112 of the Customs Act 1901, the Governor-General is empowered to prohibit the exportation of goods from Australia and to impose conditions or restrictions on such exports. This power is exercised through regulations, which may prohibit exports outright or make them subject to certain conditions, such as the granting of a licence or permission. Regulation 9 of the Customs (Prohibited Exports) Regulations previously prohibited the export of certain commodities listed in Schedule 7 unless a written permission was obtained from the Minister for Primary Industries and Energy or an authorised person.
The amendments to the Customs (Prohibited Exports) Regulations primarily involve the removal of export controls on specific commodities. Regulation 2.1 of the amending Regulations omits item 11 from Schedule 7, which previously included liquefied natural gas (LNG) as a controlled commodity. By removing this item, the amendments effectively lift the export prohibition on LNG, making it no longer subject to the need for a written permission to export. This change aligns with the Government's policy to ease export controls on certain commodities, potentially facilitating trade and economic activity related to LNG exports.
The obligations imposed by the Customs (Prohibited Exports) Regulations on parties or entities governed by these regulations primarily revolve around compliance with the export prohibitions and conditions specified in the Regulations. Exporters of commodities listed in Schedule 7, including LNG before the amendment, were required to obtain the necessary written permissions from the Minister or an authorised person before exporting the goods. This requirement ensured that the export of these commodities was conducted in accordance with the conditions set by the Government. With the removal of LNG from Schedule 7, exporters of LNG are no longer subject to this specific obligation, provided they comply with any other applicable export controls or regulations.
The Customs (Prohibited Exports) Regulations, as amended, include provisions for potential offences and penalties for breaches. Section 133 of the Customs Act 1901 outlines the potential penalties for contravening the Act or the Regulations. These may include fines and imprisonment, with the maximum penalties varying depending on the severity of the offence and the specific provisions breached. For instance, serious breaches of the Act or Regulations could result in significant fines and lengthy prison sentences, while lesser offences may incur lesser penalties. The precise penalties are determined by the courts based on the specific circumstances of each case and the provisions of the Act and Regulations involved.