Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Industry, Science and Technology

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, by regulation, prohibit the exportation of goods from Australia.

(2)       The power conferred by subsection (1) maybe exercised -..(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

(2A) 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 13CF of the Regulations prohibits the exportation of goods from Australia to Haiti unless an approval in writing to the exportation of the goods issued by the Minister for Foreign Affairs or an officer of the Department of Foreign Affairs and Trade authorised in writing by the Minister for Foreign Affairs for the purpose of that regulation is produced to a Collector of Customs at or before the time of exportation.

On 15 October 1994 the United Nations Security Council (UNSC), by virtue of Resolution 948 (1994), decided to lift all United Nations (UN) sanction controls relating to Haiti.

The Regulations give effect to Australia's obligations as a member of the UN by omitting regulation 13CF so as to lift the sanctions against exportation from Australia to Haiti (regulation 2 refers).

Regulation 13H of the Regulations requires decisions made by authorised officers rejecting certain applications for export permissions to be referred to the relevant Minister to be finally determined. Regulation 3 is a consequential amendment and deletes all cross references to regulation 13CF.

The Regulations commence on gazettal.

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