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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 18

Amendments made by the Customs (Prohibited Exports) Amendment (Defence and Strategic Goods) Regulations 2018

Licences and permissions

  (1)   A licence or permission granted under regulation   13E that was in force immediately before the day (the commencement day ) on which Schedule   1 to the Customs (Prohibited Exports) Amendment (Defence and Strategic Goods) Regulations   2018 (the amending regulations ) commences continues to have effect, on and after that day, as if it were a permission granted under regulation   13E as substituted by the amending regulations.

Note 1:   Permissions granted under regulation   13E relate to the export of defence and strategic goods.

Note 2:   See also item   4 of Schedule   1 to the Customs and Other Legislation Amendment Act 2017 , which relates to paragraph   13ED(1)(b) of these Regulations (Minister's power to revoke a permission for national security etc. reasons) as inserted by the amending regulations.

  (2)   If Schedule   1 to the amending regulations amends a reference in another instrument to a licence or permission granted under regulation   13E of these Regulations so that the instrument only refers to a permission granted under regulation   13E, the reference to a permission, on and after the commencement day, includes a reference to a licence granted under regulation   13E before the commencement day.

  (3)   These Regulations apply, on and after the commencement day, in relation to an application for a permission under regulation   13E that had been made, but not decided, immediately before that day as if it were an application for a permission under regulation   13E as substituted by Schedule   1 to the amending regulations.

  (4)   Despite anything else in this regulation, the amendments made by Schedule   1 to the amending regulations (other than the amendment to insert this regulation) do not apply in relation to an application for a permission under regulation   13E (as in force before the commencement day) if:

  (a)   the application had been made, but not decided, immediately before the commencement day; and

  (b)   the application had been referred to the Defence inister under regulation   13H before that day.

Authorised persons

  (5)   These Regulations, as amended by Schedule   1 to the amending regulations, have effect on and after the commencement day as if an authority given to a person employed in the Department of Defence by the Defence Minister under subregulation   13E(1A) that was in force immediately before the commencement day were a delegation by the Defence Minister to that person for the purposes of subregulation   13EJ(1) of these Regulations as so amended.

  (6)   These Regulations, as amended by Schedule   1 to the amending regulations, have effect on and after the commencement day as if an authority given to an officer of Customs by the Defence Minister under subregulation   13E(1A) that was in force immediately before the commencement day were a delegation by the Defence Minister to that officer for the purposes of subregulation   13EJ(3) of these Regulations as so amended.

Authorised officers

  (7)   These Regulations, as amended by Schedule   1 to the amending regulations, have effect on and after the commencement day as if an authorisation by the CEO of an officer of Customs for the purposes of the definition of authorised officer in subregulation   13E(1) that was in force immediately before the commencement day were an authorisation by the Comptroller - General of Customs under subregulation   13EA(4) of these Regulations as amended by the amending regulations for the purposes of paragraph   13EA(2)(c) of these Regulations as so amended.



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