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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 32
STATUTORY RULES 2004 NO. 32
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Exports) Amendment Regulations 2004 (No. 1)
Subsection 270(1) of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any other business relating to the Customs.
Section 112 of the Act provides in part that the Governor-General may, by regulation, prohibit the exportation of goods from Australia and that the powers may be exercised by prohibiting the exportation of goods absolutely or by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
The Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) control the exportation of specified goods for the purposes of the Act.
The purpose of the amending Regulations is to extend the existing controls on the exportation of human embryos until 31 July 2006.
On 27 February 2003 regulation 7 was inserted into the Principal Regulations to prohibit absolutely the exportation of human embryo clones and prohibited embryos (as defined in section 22 of the Prohibition of Human Cloning Act 2001 (the Prohibition of Human Cloning Act)). That prohibition was to cease 12 months after it commenced. Regulation 7 gave effect to commitments made by the Government during the parliamentary debate on the Prohibition of Human Cloning Act.
Regulation 7 of the Principal Regulations was further amended with effect from 27 March 2003 to relax the absolute prohibition, permitting human embryos to be exported with the permission of the Minister for Justice and Customs.
Subregulation 7(16) provides that regulation 7 ceases to have effect at the end of the day 12 months after it commences. Hence regulation 7 will cease to have effect at the end of 27 March 2004.
The amending Regulations amend subregulation 7(16) so that regulation 7 ceases to have effect at the end of 31 July 2006. This will allow the prohibition to be further considered within the context of the reviews that are to be conducted as required by section 25 of the Prohibition of Human Cloning Act and section 47 of the Research Involving Human Embryos Act 2002. Those sections require the reviews of those Acts to be undertaken as soon as possible after 19 December 2004.
The amending Regulations commence on the date of their notification in the Gazette.