Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Small Business, Customs and Construction

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) 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 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 specified person.

At present regulation 13B prohibits the exportation from Australia of goods identified in Schedule 13 to the Regulations unless the Minister for Defence or an authorised person grants a permission or licence to enable such an exportation to take place. Subregulation 13B(1) of the Regulations defines an authorised person as an employee of the Department of Defence authorised in writing by the Minister for Defence.

The above definition of authorised person was inserted by Statutory Rules 1994, No.32. It replaced the previous definition which did not Emit who the Minister for Defence could authorise for the purposes of regulation 13B. The new definition, however, has caused some administrative difficulties as officers of Customs who were authorised to grant permissions can no longer do so.

Subregulation 2.1 overcomes the above administrative difficulties by omitting subregulation 13B(1) and substituting new subregulation 13B(l).

New subregulation 13B(1) defines an authorised person as an officer or employee of the Department of Defence; or an Officer of Customs authorised in writing by the Minister for Defence.

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