Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 171 - SCHEDULE 1

(regulation 3)

[1] Regulation 2, after definition of licensed exporter

insert

"paramilitary equipment" means any of the following:

(a)

batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

(b)

body armour, including:

(i)

bullet-resistant apparel; and

(ii)

bullet-resistant pads; and

(iii)

protective helmets;

(c)

handcuffs, leg-irons and other devices used for restraining prisoners;

(d)

riot protection shields;

(e)

whips;

(f)

parts and accessories designed or adapted for

use in, or with, equipment mentioned in paragraphs (a) to (e).

[2] Subregulation 13CH (1), definition of paramilitary equipment

omit

[3] After regulation 13CH

insert

13CI Exportation of arms or related matériel to Afghanistan

(1)

In this regulation:

arms or related matériel includes:

(a)

weapons; and

(b)

ammunition; and

(c)

military vehicles and equipment; and

(d)

paramilitary equipment; and

(e)

spare parts for the things mentioned in

paragraphs (a) to (c).

"authorised person" means an officer 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 mentioned in regulation 13E) the immediate or final destination of which is, or is intended to be, Afghanistan is prohibited unless the written permission of the Foreign Minister or an authorised person is produced 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.

(3) A permission granted under subregulation (2) may specify, 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.

13CJ Exportation of acetic anhydride

The exportation of acetic anhydride the immediate or final destination of which is, or is intended to be, Afghanistan is prohibited absolutely.

[4] Further amendments — Minister for Defence

The following provisions are amended by omitting `Minister for Defence Industry, Science and Personnel' and inserting `Minister for Defence':
* subregulation 13E (1)
* subregulation 13E (1A)
* paragraph 13E (2) (a)
* paragraph 13E (2) (b)
* subregulation 13E (5)
* paragraph 13E (6) (a)
* subregulation 13E (7)
* paragraph 13H (4) (a).