Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 1999 (NO. 6) 1999 NO. 274

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 274

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6)

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 may be exercised - (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Exports) Regulations 1958 ("the Regulations") control the exportation of the 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 an authorised person.

The purpose of the regulations is to amend regulation 13E to facilitate the exportation of certain goods owned by a defence force or a police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor (items 2 and 4 of Schedule 1) and to make minor consequential technical amendments (items 1 and 3 of Schedule 1).

The regulations allow a defence force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to export certain goods: weapons and items of warfare, otherwise prohibited or restricted under the Prohibited Exports regulations (proposed item 2 of Schedule 1)

The regulations also allow a police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to export certain goods: handguns, part of handguns and ammunition, otherwise prohibited or restricted under the Prohibited Exports regulations (proposed item 4 of Schedule 1)

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Exports) Amendment Regulations 1999 (No. 6)

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Exports) Regulations 1958

Regulation 3 provides for the Regulation to be amended as set out in Schedule 1.

Schedule 1 - Amendment

Items 2 and 4 of Schedule 1 - amendment of regulation 13E, exportation of certain goods.

The purpose of the regulations is to amend regulation 13E to facilitate the exportation of certain goods owned by a defence or police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor (items 2 and 4 of Schedule 1) and to make minor consequential technical amendments (items 1 and 3 of Schedule 1).

The regulations allow a defence force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to export certain goods: weapons and items of warfare, otherwise prohibited or restricted under the Prohibited Exports regulations (item 2 of Schedule 1).

The regulations also allow a police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to export certain goods: handguns, part of handguns and ammunition, otherwise prohibited or restricted under the Prohibited Exports regulations (item 4 of Schedule 1).

Items 1 and 3 of Schedule 1 - amendment of terminology used in regulation 13E, exportation of certain goods.

Item 1 of Schedule 1 amends sub-paragraph 13E(2)(c)(i)(0) by omitting "(1999); and" to indicate that a new sub paragraph is being added.

Item 3 of Schedule 1 amends sub-paragraph 13E(c)(iv) by omitting "list" to indicate that a new sub paragraph is being added.


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