Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13CM

Exportation of arms or related matériel to Sudan

  (1)   In this regulation:

"authorised person" means an employee of the Department of Foreign Affairs and Trade authorised in writing by the Foreign Minister to give permissions under this regulation.

  (2)   The exportation of arms or related matériel (other than goods listed in the defence and strategic goods list) the immediate or final destination of which is, or is intended to be, Sudan is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

Note:   See regulation   13E in relation to the export of goods listed in the defence and strategic goods list.

  (2A)   An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation   (2) must:

  (a)   be in the approved form; and

  (b)   contain the information required by the approved form; and

  (c)   be signed as indicated by the approved form.

  (3)   A permission granted under subregulation   (2) may state, in relation to the exportation of goods that it permits:

  (a)   conditions or requirements, including times for compliance, to which the exportation is subject; and

  (b)   the quantity of goods that may be exported; and

  (c)   the circumstances in which goods may be exported.

  (4)   The Foreign Minister may revoke or modify a permission granted under subregulation   (2) if the Foreign Minister is satisfied on reasonable grounds that:

  (a)   a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or

  (b)   permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.

  (5)   When deciding whether to give permission under subregulation   (2), the Foreign Minister or an authorised person must take into account:

  (a)   Australia's relations with other countries; and

  (b)   Australia's obligations under international law.


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