Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 61, made under the Customs Act 1901, were enacted to address the problem of unauthorised exportation of unmanufactured shorn wool from Australia. This regulation was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of this regulation is to control and restrict the export of raw, unprocessed wool, thereby protecting the domestic wool industry and ensuring that any export of such materials is done so under strict oversight and approval. This regulation specifically targets the export of shorn wool that has not undergone any manufacturing processes, prohibiting such exports unless they have received written approval from the Minister or an authorised officer of the Department of Primary Industry.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended, apply to unmanufactured shorn wool that has been removed from sheep or lambs but has not undergone any manufacturing process. This regulation is part of a broader legislative framework under the Customs Act 1901, and it aims to control the export of such raw wool from Australia. The scope of the regulation extends to all entities and individuals involved in the exportation of unmanufactured shorn wool, imposing a prohibition on such exports unless an approval or permission is obtained from the relevant authority. The geographic reach of these regulations is national, as they apply throughout Australia. The regulation specifies that the Minister of State for Primary Industry or an authorized officer must grant written permission for the export of these goods, and the Minister retains the authority to approve such exports through notices published in the Commonwealth of Australia Gazette. This regulatory framework ensures that the export of unmanufactured shorn wool is controlled and monitored to comply with national policies and standards.

Key Provisions

The primary operative section of these regulations, regulation 5A, sets out the prohibition on the export of unmanufactured shorn wool from Australia (section 5A(2)). This regulation applies to any wool that has been shorn from a sheep or lamb and has not been subjected to any manufacturing processes. The export of such goods is strictly controlled (section 5A(3)), and can only proceed if either an approval is in place under section 5A(4) or if written permission from the Minister or an authorised officer is presented to the Collector (section 5A(3)(a) and (b)). The Minister has the authority to approve such exports by publishing a notice in the Gazette (section 5A(4)). The obligations imposed by these regulations are primarily on exporters and the Minister. Exporters of unmanufactured shorn wool must ensure they have either the appropriate approval or written permission before attempting to export the goods (section 5A(3)). This requirement ensures that the Minister or an authorised officer can properly control and monitor the export of such goods to ensure compliance with any applicable laws or international agreements. The Minister, on the other hand, has the responsibility to issue approvals or permissions for the export of these goods and to oversee the process by which these are granted (section 5A(4)). Failure to comply with the provisions of these regulations can lead to serious consequences. Any person who exports unmanufactured shorn wool without the necessary approval or written permission commits an offence (section 5A(3)). The Act does not specify penalties for breaches, but breaches of the Customs Act 1901, under which these regulations are made, can result in substantial fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach and would be determined by the courts. In summary, regulation 5A of the Customs (Prohibited Exports) Regulations imposes a strict prohibition on the export of unmanufactured shorn wool from Australia, with the primary obligation falling on exporters to obtain the necessary approval or permission from the Minister or an authorised officer. Failure to comply with these regulations can lead to criminal penalties under the Customs Act 1901, although the exact penalties are not specified in these regulations.