Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CUSTOMS LEGISLATION AMENDMENT REGULATION 2012 (NO. 2) (SLI NO 320 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 320

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs Administration Act 1985

Customs Legislation Amendment Regulation 2012 (No. 2)

Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.

Similarly, section 18 of the Customs Administration Act 1985 (the Administration Act) allows the Governor-General to make regulations not inconsistent with the Administration Act prescribing all matters which by the Administration Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Administration Act.

The purpose of the Regulation is to repeal regulation 9AAA of the Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) to remove the prohibition on the exportation of bulk wheat except by an accredited wheat exporter.

Recent amendments to the Wheat Export Marketing Act 2008 (the Wheat Export Act) made by the Wheat Export Marketing Amendment Act 2012 (the Wheat Export Amendment Act) included amendments to the regulation of the export of bulk wheat. The new conditions  regulating the export of bulk wheat are contained in the Wheat Export Amendment Act. Accordingly, the Principal Regulations are being amended to remove the regulation of the export of bulk wheat.

The Regulation also makes a minor consequential amendment to the Customs Administration Regulations 2000 to remove a reference to the body known as 'Wheat Exports Australia' which will be abolished by the Wheat Export Amendment Act on 31 December 2012.

The amendment to repeal regulation 9AAA of the Principal Regulations commences on 10 December 2012 to coincide with the abolition of the Wheat Export Accreditation Scheme.

The amendment to remove the reference to 'Wheat Exports Australia' commences on 1 January 2013 which is the day after the body will be abolished by the Wheat Export Amendment Act.  

As the Regulation is of a minor or machinery nature, no consultation was undertaken in relation to the Regulation.

1216955A                  

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

Customs Legislation Amendment Regulation 2012 (No. 2)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulation

The Regulation amends the Customs (Prohibited Exports) Regulations 1958 (the Prohibited Exports Regulations) and the Customs Administration Regulations 1926 (the Administration Regulations) consequential to the passage of the Wheat Export Marketing Amendment Act 2012 which amends the Wheat Export Marketing Act 2008, to amongst other things, include for regulation of the export of bulk wheat and abolish the body known as 'Wheat Exports Australia.'

As a result of these amendments, the current regulation on the export of bulk wheat is being removed from the Prohibited Exports Regulations and the reference to Wheat Exports Australia is being removed from Administration Regulations.

Human Rights implications

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

This legislative instrument does not raise any human rights issues.

Minister for Home Affairs

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback