Commonwealth Consolidated Regulations

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 8

  (1)   In this regulation:

"authorised person" means an officer of the Department authorised in writing by the Secretary for this regulation.

"Department" means the department administered by the Minister with administrative responsibility for health.

"Secretary" means the Secretary to the Department.

  (2)   The exportation from Australia of goods specified in Schedule   6 is prohibited unless:

  (a)   permission to export the goods has been granted under this regulation and is in force; and

  (b)   the permission is produced to the Collector.

  (3)   The Secretary, or an authorised person, may, on application, grant permission for the exportation of goods specified in Schedule   6.

  (4)   An application:

  (a)   must be in writing; and

  (b)   must be lodged with the Secretary.

  (5)   Notice of the grant of a permission must be in writing and may specify a condition or requirement that must be complied with by the person to whom the permission is granted.

  (6)   If the Secretary, or an authorised person, refuses to grant an application for a permission, he or she must notify the applicant in writing accordingly.

  (7)   The Secretary, or an authorised person, may revoke a permission by notice in writing to the holder of the permission, if:

  (a)   the holder fails to comply with a condition or requirement specified in the permission, whether or not the holder is charged under subsection   112(2B) of the Act with failure to comply with the condition or requirement; or

  (b)   the holder of the permission is convicted under that subsection for failure to comply with the condition or requirement.

  (8)   Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary or of an authorised person:

  (a)   not to grant a permission; or

  (b)   to grant a permission specifying a condition or requirement; or

  (c)   to revoke a permission.

  (9)   Notice of a decision referred to in subregulation   (8) is to include a statement to the effect that:

  (a)   subject to the Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

  (b)   a person whose interests are affected by the decision may request a statement under section   28 of that Act.

  (10)   A failure to comply with subregulation   (9) does not affect the validity of the decision.