Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 216

STATUTORY RULES 1999 NO. 216

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4)

Section 112 or 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.

The Customs (Prohibited Exports) Regulations 1958 ("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 an authorised person.

These regulations amend regulation 13E to facilitate the exportation of certain goods, weapons and warfare items, owned by a specified defence force (proposed item 2 of Schedule 1) and to make a minor technical amendment to correct terminology (proposed item 1 of Schedule 1).

These regulations introduce additional defence forces that are permitted to export certain goods, weapons and warfare items, otherwise prohibited or restricted under the Prohibited Export Regulations. This will allow any country participating in the multinational force established under United Nations Security Council Resolution 1264 (1999) to export the specified goods from Australia.

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Exports) Amendment Regulations 1999 (No. 4)

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Exports) Regulations 1958

Regulation 3 provides for the Regulation to be amended as set out in Schedule 1.

Schedule 1 - Amendment

Item 2 of Schedule 1 - amendment of regulation 13E, exportation of certain goods.

Item 2 of Schedule 1 provides for additional defence forces that are permitted to export certain good;, weapons and warfare items , otherwise prohibited or restricted under the Prohibited Export Regulations.

The regulations allow any country participating in the multinational force established under United Nations Security Council Resolution 1264 (1999) to export the specified goods from Australia.

Item 1 of Schedule 1 - amendment of terminology used in regulation 13E, exportation of certain goods.

Item 1 of Schedule 1 amends sub-paragraph 13E(2)(c)(i)(N) by omitting the, "and" to indicate that a new sub paragraph is being added.