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.

Paragraph 112(2A)(aa) of the Act provides that the Regulations may identify the goods to which the Regulations relate by reference to their inclusion in a list or document formulated and published by a Minister, or by reference to their inclusion in that list as amended by the Minister. Where the Minister makes an amendment to the list or document, then the amendment is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (subsection 112(2AA) refers).

Pursuant to s 112 of the Act, regulation 13E of the Regulations prohibits the exportation of goods that are specified in the strategic goods fist unless a licence or permission has been granted and is produced to a Collector (subregulation 13E(2) refers). "Strategic goods list" is defined as the document formulated and published under paragraph 112 (2A) (aa) of the Act by the Minister for Defence that is entitled "Australian Controls on the Export of Technology with Civil and Military Applications" and is dated September 1992, or that document as amended under that paragraph by the Minister and in force from time to time.

Within the last year, factors have required the strategic goods list to be substantially rewritten rather than updated. A new document has therefore been published, with the date of November 1994 replacing that of September 1992.

Subregulation 2.1 amends the definition of "strategic goods list" by omitting the reference to the September 1992 document, substituting a reference to the November 1994 document.

The regulations commenced on gazettal.

Authority:       Section 112 of the Customs Act 1901

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