Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2011 (NO. 3) (SLI NO 172 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 172

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 2011 (No. 3)

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 for giving effect to the Act.

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 power 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 purpose of the amending Regulations is to amend the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) to implement additional sanctions against Cote d'Ivoire imposed by United Nations Security Council (UNSC) Resolution 1980, which was adopted on 28 April 2011 (Resolution 1980).

Prior to the amending Regulations, regulation 13CN of the PE Regulations implemented earlier sanctions against Cote d'Ivoire imposed by UNSC Resolution 1572 (2004), adopted on 15 November 2004. This Resolution, in part, requires States to prohibit the supply of arms or related materiel to Cote d'Ivoire, whether from the territory of the State, or by nationals of that State.

Regulation 13CN prohibits the exportation of arms and related materiel (other than goods listed in the defence and strategic goods list (DSGL) mentioned in regulation 13E) the immediate or final destination or final destination of which is, or is intended to be, Cote d'Ivoire unless written permission has been granted by the Minister for Foreign Affairs (the Minister) or an authorised person.  

Resolution 1980 has extended the original sanctions to restrict the supply of vehicles to Cote d'Ivoire security forces. 

The amending Regulations extend the coverage of regulation 13CN to also prohibit the exportation of vehicles that are the subject of these additional sanctions.

New subregulation 13CN(6) also limits the persons who can be authorised by the Minister as 'authorised persons' under regulation 13CN to Senior Executive Service employees and acting Senior Executive Service employees of the Department of Foreign Affairs and Trade.

No consultation was undertaken specifically in relation to the amending Regulations as they implement Australia's international obligations under Resolution 1980.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

1123450A

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback