Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 379
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 379
Issued by the Authority of the Minister for Industry, Science and Technology
Customs Act 1901
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (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 subsection (1) maybe exercised -..(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of subparagraph (2)(c), the regulations - ...(a) may provide that the exportation of 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; ...".
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 13CF of the Regulations prohibits the exportation of goods from Australia to Haiti unless an approval in writing to the exportation of the goods issued by the Minister for Foreign Affairs or an officer of the Department of Foreign Affairs and Trade authorised in writing by the Minister for Foreign Affairs for the purpose of that regulation is produced to a Collector of Customs at or before the time of exportation.
On 15 October 1994 the United Nations Security Council (UNSC), by virtue of Resolution 948 (1994), decided to lift all United Nations (UN) sanction controls relating to Haiti.
The Regulations give effect to Australia's obligations as a member of the UN by omitting regulation 13CF so as to lift the sanctions against exportation from Australia to Haiti (regulation 2 refers).
Regulation 13H of the Regulations requires decisions made by authorised officers rejecting certain applications for export permissions to be referred to the relevant Minister to be finally determined. Regulation 3 is a consequential amendment and deletes all cross references to regulation 13CF.
The Regulations commence on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 379 was enacted to amend the Customs (Prohibited Exports) Regulations under the Customs Act 1901. This amendment was introduced to address the changes in international sanctions imposed by the United Nations Security Council. Specifically, following the lifting of UN sanctions on Haiti by UNSC Resolution 948 on 15 October 1994, the Australian government sought to align its domestic regulations with this international decision. The regulations were issued by the Minister for Industry, Science and Technology and aim to reflect Australia's commitment to international obligations as a member of the United Nations. The overarching policy objective is to ensure that Australian export controls are consistent with the prevailing international sanctions and resolutions.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 379 pertains to the Customs Act 1901 and modifies the Customs (Prohibited Exports) Regulations to align with changes in international sanctions. Specifically, this amendment responds to the United Nations Security Council Resolution 948 (1994) which lifted all UN sanctions on Haiti. The Regulations apply to any person or entity attempting to export goods from Australia to Haiti and are designed to enforce Australia's commitments as a UN member. The amendment lifts the prohibition on exporting goods to Haiti, which was previously subject to specific approval by the Minister for Foreign Affairs or an authorised officer. This change is effective from the date of gazette and includes consequential amendments to ensure coherence within the regulatory framework. The Regulations also retain provisions that require certain export permission decisions to be referred to the relevant Minister for final determination, ensuring that the oversight and control mechanisms remain intact despite the changes to the sanctions.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1994 No. 379 amends the Customs (Prohibited Exports) Regulations to reflect changes in international sanctions against Haiti. Section 112 of the Customs Act 1901 allows the Governor-General to prohibit the exportation of goods from Australia under specific conditions or restrictions. Regulation 13CF, which previously prohibited exports to Haiti unless authorised by the Minister for Foreign Affairs, is removed to align with the UN Security Council's Resolution 948 (1994) that lifted sanctions on Haiti (regulation 2). This change reflects Australia's commitment to international obligations as a UN member.
The Regulations impose obligations on exporters intending to ship goods to Haiti, now that the prohibition has been lifted. Exporters must still comply with any other relevant regulations that may apply to the goods they wish to export. Additionally, regulation 13H requires that decisions rejecting export permission applications be referred to the relevant Minister for final determination (regulation 3). This ensures that there is a ministerial oversight on export permissions, maintaining a level of control over sensitive or regulated exports.
Failure to comply with the Customs (Prohibited Exports) Regulations can result in significant legal consequences. The Regulations provide that any breach of the provisions may lead to penalties under the Customs Act 1901. For example, knowingly or recklessly exporting prohibited goods could result in criminal charges, with penalties including fines up to $275,000 for individuals and $1.375 million for corporations, as well as imprisonment for up to five years. Additionally, civil penalties may apply, which can include fines up to $11,000 per offence. These penalties underscore the importance of adhering to the Regulations to avoid severe legal repercussions.