Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Science and Small Business

Customs Act 1901

Customs (Prohibited Exports) Regulations (Amendment)

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

"(1)       The Governor-General may, be 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.

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

The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of 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 a specified person.

Regulation 13C of the Regulations prohibits the exportation of goods from Australia to the Republic of South Africa as specified in Schedule 14 of the Regulations unless an approval in writing to the exportation of the goods issued by the Minister for Foreign Affairs and Trade or an authorised person is produced to a Collector of Customs.

On 25 September 1993, the Government announced the lifting of trade and investment sanctions against the Republic of South Africa. In order to implement the lifting of the sanctions, the following proposed regulations are considered necessary to amend the Regulations.

Proposed regulation 3 omits the following Items from Schedule 14 of the Regulations:

1.        Item 3, which refers to computer hardware, including central processing units;

2.       Item 5, which refers to printed circuit board assemblies suitable for use in or with goods referred to in item 3; and

3.       Item 8, which refers to crude oil, petroleum and petroleum products.

The permission of the Minister for Foreign Affairs and Trade, or an authorised person, will no longer be required to be produced to a Collector in relation to the exportation of the goods referred to in these Items.

Proposed regulation 2 omits subregulation 13C(3) which defines the term "petroleum", "petroleum product" and "petroliferous mineral" for the purposes of item 8 in Schedule 14 and is consequential on the proposed omission of that item.

The proposed Regulations will commence gazettal.

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