Statutory Rules
1975 No. 44
REGULATION UNDER THE CUSTOMS ACT 1901-1974.*
I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1974.
Dated this thirteenth day of March, 1975.
Administrator.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Exports) Regulations†
Ninth Schedule
The Ninth Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by inserting after item 18 the following item:—
“ 18a... | Plants— |
| (a) for the reprocessing of irradiated nuclear reactor fuel elements and equipment especially designed or prepared therefor ; and |
| (b) for the fabrication of nuclear reactor fuel elements ”; |
and | |
(b) by omitting item 22 and substituting the following item:—
“ 22... | (1) Uranium, natural or depleted in the isotope 235 (wrought or unwrought) |
| (2) Alloys, mixtures and compounds containing natural uranium or uranium depleted in the isotope 235 with a uranium content exceeding 0.05 per centum, but not including medicinals ”. |
* Notified in the Australian Government Gazette on 25 March 1975.
† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; 1961. Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 73; 1967, Nos. 42, 59 and 123; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 106 and 121; 1972, No. 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; and 1974, Nos. 46, 157, 178 and 250.
Printed by Authority by the Government Printer of Australia
17026/74—Recommended retail price 5c 9/21.2.1975
Overview
The Customs (Prohibited Exports) Regulations Amendment (No. 44) 1975 was enacted by the Administrator of the Government of Australia, acting with the advice of the Executive Council, under the Customs Act 1901-1974. The purpose of these regulations was to amend the Customs (Prohibited Exports) Regulations, specifically addressing the prohibition on the export of certain plants and materials related to nuclear reactor fuel elements. This legislative instrument was designed to ensure that Australia’s export controls are in line with international obligations and national security concerns, particularly regarding the non-proliferation of nuclear technology and materials. The amendments were published in the Australian Government Gazette on 25 March 1975 and involved the insertion of a new item concerning plants for the reprocessing of irradiated nuclear reactor fuel elements and the fabrication of nuclear reactor fuel elements, and the modification of an existing item concerning uranium and its alloys.
Scope and Application
This statutory instrument, made under the Customs Act 1901-1974, amends the Customs (Prohibited Exports) Regulations by adding and modifying specific items that are subject to export prohibitions. The regulation applies to entities and persons engaged in the export of goods, specifically focusing on the export of plants intended for the reprocessing of irradiated nuclear reactor fuel elements and equipment specially designed for this purpose, as well as those intended for the fabrication of nuclear reactor fuel elements. It also revises the definition and scope of uranium and its compounds, including natural or depleted uranium, and certain alloys, mixtures, and compounds containing uranium with a uranium content exceeding 0.05 per centum, excluding medicinals. These amendments extend to the whole of Australia, reflecting the national scope of the Customs Act 1901-1974, and are intended to regulate the export of sensitive nuclear materials and technology. The instrument does not explicitly state exclusions or exemptions but operates within the broader framework of the Customs Act, which may allow for certain exemptions under specific conditions.
Key Provisions
The main operative sections of these regulations under the Customs Act 1901-1974 introduce and amend the Customs (Prohibited Exports) Regulations, specifically targeting the export of certain nuclear-related materials and equipment. Section (a) of the amendments inserts a new item 18a into the schedule, prohibiting the export of plants designed or prepared for the reprocessing of irradiated nuclear reactor fuel elements and the fabrication of nuclear reactor fuel elements. This is a significant expansion of the existing regulatory framework, intended to ensure that materials and equipment critical to nuclear processes are not exported from Australia. Section (b) modifies item 22, now specifying that uranium, whether natural or depleted in the isotope 235, and alloys, mixtures, and compounds containing natural or depleted uranium with a uranium content exceeding 0.05 per centum, are subject to prohibition, excluding medicinals. This change aims to tighten control over the export of uranium and related materials.
These regulations impose specific obligations on parties and entities involved in the export of the listed items. Exporters must ensure that any plants, equipment, uranium, or related materials they seek to export are not used for the purposes prohibited by the regulations. This includes conducting thorough checks to confirm that the items do not fall under the newly defined categories and obtaining any necessary approvals or licenses from the relevant authorities before proceeding with the export. Failure to comply with these regulations could result in significant legal consequences.
Any breach of these regulations can lead to serious legal and financial repercussions. The regulations do not explicitly state penalties within the text, but breaches of customs regulations under the Customs Act 1901-1974 generally attract severe penalties. These may include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the potential for significant legal action underscores the importance of strict compliance with the regulations. Additionally, any party found guilty of violating these export restrictions may face civil or criminal liability, which could further exacerbate the consequences of non-compliance.