Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1991 NO. 77

STATUTORY RULES 1991 No. 77

CUSTOMS ACT 1901

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)

ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS

Section 112 of the Customs Act 1901 provides in part that:

"1)       The Governor-General may, by regulation, prohibit the exportation of goods from Australia.

2)       The power conferred by sub-section (1) may be exercised: ... (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

2A)       Without limiting the generality of paragraph (2)(c), the Regulations - ...(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ..."

The Customs (Prohibited Exports) Regulations (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 specified person or Minister of State.

The Statutory Rules contain several amendments to the Regulations which remove the existing prohibitions against the exportation of goods to Kuwait.

Background

Regulation 13CA of the Regulations was introduced on 8 August 1990 (Statutory Rules 1990 No. 264 refers) to implement trade sanctions against Iraq and Kuwait in accordance with United Nations Security Council Resolution 661.

Following the liberation of Kuwait, the Government decided on 11 March 1991 that all sanctions related measures over exports to Kuwait be removed.

The regulations put into effect that decision as follows:

Regulation 1 provides that the Customs (Prohibited Exports) Regulations are amended as set out in the regulations;

Regulation 2 amends Regulation 13CA as follows:

-       subregulation 2.1 omits the definition of "Kuwait" from subregulation 13CA(1);

-       subregulation 2.2 removes the prohibition against the exportation from Australia to Kuwait of goods of any description;

-       subregulation 2.3 removes the prohibition against the exportation from Australia to any country of goods of Kuwaiti origin; and

-       subregulation 2.4 removes the prohibition against the exportation from Australia to any country other than Kuwait of goods of any description the ultimate intended destination of which is Kuwait.