Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1994 NO. 32

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 32

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 put that:

"1)       The Governor-General my, 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.

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 export 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 Pro-export 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 a specified person.

At present regulation 13B of the Pro-export Regulations prohibits the exportation from Australia of goods listed in Schedule 13 to the Pro-export Regulations unless a permission or a licence to export the goods is obtained and produced to the Collector.

As a result of a Government review of regulation 13B and Schedule 13, it has been decided to amend the Pro-export Regulations to introduce two reforms.

The first reform involves replacing the current Schedule 13 with a new list which is based upon the United Kingdom version of the European Community control list. In adopting this list it is the Government's intention to make Australia's export control regime more similar to that of the European Community.

       It should be noted that the scope of the proposed Est is essentially the same as the present Schedule, although it is significantly more detailed. The proposed list is also organised into 3 categories rather than 4 parts.

The second reform involves amending regulation 13B itself to provide that the exportation of goods specified in Schedule 13 is prohibited unless a permission or a licence has been granted by the Minister for Defence or an authorised person and the permission or licence is produced to the Collector. That is, it is now considered to be appropriate that licences can be obtained for the exportation of all goods in Schedule 13 and not just some goods as is presently the case.

       The definition of 'authorised person' has been limited to persons authorised in writing by the Minister for Defence and employed in the Department of Defence. This amendment will ensure consistency with other amendments to the Regulations which have taken into account concerns of the Senate Standing Committee on Regulations and Ordinances that a Minister's power of authorisation should not be unlimited, but should only exist in respect of his or her own department unless, of course, there are goods reasons for extending the power.

The Regulations implement these reforms as outlined below.

Regulation 1 - Amendment

Provides that the Pro-export Regulations are amended by the Regulations.

Regulation 2 -. Regulation 13B (Exports of goods specified in Schedule 13)

Subregulation 2.1 omits subregulations 13B(1), (2) and (3).

New subregulation 13B(1) limits the delegation power of the Minister for Defence in respect of regulation 13B of the Pro-export Regulations by ensuring an authorised person for the purposes of the regulation is both authorised in writing by the Minister and is employed in the Department of Defence.

New subregulations 13B(2), (3) and (3A) provide that the exportation of goods listed in Schedule 13 is prohibited unless a permission or a. licence has been issued by the Minister for Defence or an authorised person in respect of those goods and the permission or licence is produced to the Collector.

Subregulation 2.2 provides for a minor technical amendment to subregulation 13B(5) of the Pro-export Regulations to remove the reference to Minister of State' and replace it with 'Minister'.

Subregulation 2.3 omits the definition of 'software' and introduces a number of definitions necessary for interpretation of Schedule 13.

Regulation 3 - Schedule 13 (Goods the exportation of which is prohibited unless a permission or licence to export the goods has been granted under regulation 13b by the Minister referred to in that regulation or an authorised person)

Omits Schedule 13 and inserts the new Schedule 13 which lists the goods subject to export controls under regulation 13B of the Pro-export Regulations.


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