Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13CR

Exportation of certain goods to Eritrea

  (1)   In this regulation:

"authorised person" means a person authorised under subregulation   (8).

  (2)   This regulation applies to goods that are arms or related matériel:

  (a)   not listed in the defence and strategic goods list; and

  (b)   whose immediate or final destination is, or is intended to be, Eritrea.

  (3)   Exportation of the goods 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.

  (4)   An application for the permission of the Foreign inister or an authorised person under subregulation   (3) 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.

  (5)   A permission to export goods granted under subregulation   (3) may state, in relation to the exportation:

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

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

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

  (6)   When deciding whether to give permission under subregulation   (3), 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.

  (7)   The Foreign Minister may revoke or modify a permission granted under subregulation   (3) 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.

  (8)   The Foreign Minister may authorise an SES employee or acting SES employee of the Department administered by the Foreign Minister to give permissions under this regulation.


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