Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Small Business and Consumer Affairs

Customs Act 1901 (C'th)

Customs (Prohibited Exports) Regulations (Amendment)

Section 112 of the Customs Act 1901 (C'th) ("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 the last preceding subsection 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 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 9 of the Regulations controls the exportation of the commodities listed in Schedule 7 by providing that the exportation of such commodities is prohibited unless a permission on in writing to export the goods has been granted by the Minister for Primary Industries and Energy or an authorised person and that permission is produced to a Collector. Items 1 and 2 of Schedule 7 extend those export controls to alumina and bauxite.

To implement the Government's policy to remove export controls from these commodities these Regulations omit items 1 and 2 from Schedule 7 to the Regulations (regulation 2.1 refers).

The Regulations commenced on gazettal.

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