Commonwealth Consolidated Regulations

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 4A

Exportation of chemicals mentioned in Schedule   2

  (1)   The exportation from Australia of a chemical mentioned in Schedule   2, or a mixture or preparation containing a chemical mentioned in Schedule   2, is prohibited unless:

  (a)   if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 :

  (i)   a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations   1995 ; and

  (ii)   the permission is produced to a Collector; or

  (b)   in any other case:

  (i)   a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and

  (ii)   the permission is produced to a Collector.

Exportation of mercury

  (1AA)   The exportation from Australia of mercury is prohibited unless:

  (a)   a permission to export the mercury has been granted in writing under any of the following:

  (i)   the Agricultural and Veterinary Chemicals (Administration) Regulations   1995 ;

  (ii)   the Industrial Chemicals (General) Rules   2019 ;

  (iii)   the Therapeutic Goods Regulations   1990 ; and

  (b)   the permission is produced to a Collector.

Exportation of research mercury

  (1AB)   The exportation from Australia of research mercury is prohibited unless:

  (a)   both:

  (i)   a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations   1995 ; and

  (ii)   the permission is produced to a Collector; or

  (b)   both:

  (i)   a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and

  (ii)   the permission is produced to a Collector.

Derivatives

  (1A)   To avoid doubt, if an item in Schedule   2 includes words describing a particular kind of derivative (for example, 'salt' or 'ester') of a chemical whose common name is set out in the item, the derivative so described is taken, for subregulation   (1), to be a chemical mentioned in Schedule   2.

Applications and permissions

  (2)   An application for a permission under paragraph   (1)(b) or (1AB)(b) must be:

  (a)   in writing; and

  (b)   lodged with an authorised officer.

  (3)   An authorised officer may ask an applicant for a permission under paragraph   (1)(b) or (1AB)(b) to give to the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.

  (4)   If, on an application for a permission under paragraph   (1)(b) or (1AB)(b), an authorised officer forms an opinion that the permission should not be granted:

  (a)   the authorised officer must refer the application to the Minister; and

  (b)   the Minister may grant, or refuse to grant, the permission.

  (5)   A permission granted under paragraph   (1)(b), (1AB)(b) or (4)(b) may specify:

  (a)   conditions or requirements to be complied with by the holder of the permission; and

  (b)   when the holder must comply with a condition or requirement, whether before or after the exportation of the chemical to which the permission relates.

  (6)   If the holder of a permission granted under paragraph   (1)(b), (1AB)(b) or (4)(b) does not comply with a condition or requirement of the permission, the Minister may, by writing, revoke the permission.

Definitions

  (7)   In this regulation:

"authorised officer" means an officer of the Department administered by the Minister who is authorised in writing for the purposes of this regulation by the inister.

"Minister" means the Minister administering the Agricultural and Veterinary Chemicals Code Act 1994 .