Commonwealth Numbered Regulations

1987 No. 115 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 2

2. After regulation 13D of the Principal Regulations the following regulations
are inserted: Exportation of goods to certain countries

"13E. (1) A reference in this regulation to an authorised person is a
reference to a person authorised in writing by the Minister of State for
Defence to grant permission, for the purposes of these Regulations, to export
from Australia to a country specified in Column 2 of an item in Schedule 15
all or any of the goods referred to in subregulation (2).

"(2) The exportation from Australia to a country specified in Column 2 of an
item in Schedule 15 of goods specified in the notice published by the Minister
of State for Defence in Gazette No. P 1 on 6 January 1987 is prohibited
unless:

   (a)  a permission in writing to export all or any of those goods has been
        granted by the Minister of State for Defence or an authorised person;
        and

   (b)  the permission is produced to a Collector.

"(3) A permission under subregulation (2) shall be granted subject to
compliance by the holder of the permission at the time the goods are exported
with the following conditions:

   (a)  that the goods are exported from Australia within the period of 6
        months after the Minister has granted that permission, or such longer
        period as is specified in the permission;

   (b)  that the goods are exported to a person specified in the permission
        (in
this subregulation called "the consignee") and to a country (being a country
specified in Schedule 15) specified in the permission;

   (c)  that the holder will, if so required by the Minister of State for
        Defence or an authorised person:

        (i)    obtain from the consignee and deliver to that Minister or an
               authorised person; or

        (ii)   give to that Minister or an authorised person;
as that Minister or authorised person may in a particular case require, an
undertaking that the consignee will not:

        (iii)  re-export the goods from the country specified in the
               permission to another country; or

        (iv)   dispose of a property interest in the goods, whether by sale,
               lease or otherwise, or in any way relinquish possession or
               control of the goods;
unless approval in writing to that re-export, disposal or relinquishment is
granted by that Minister or an authorised person;

   (d)  that the holder will, if so required by the Minister of State for
        Defence or an authorised person, specify the procedures followed, or
        to be followed, by the holder to verify from time to time that
        the consignee is complying with the undertaking; and

   (e)  that the holder will, if so required by the Minister of State for
        Defence or an authorised person, furnish to that Minister or
        authorised person evidence that the consignee is complying with the
        undertaking.

"(4) A permission granted under this regulation may specify that the
permission may, subject to this regulation, be surrendered in exchange for the
granting to the holder of the surrendered permission of another permission (or
permissions) to export goods of the kind to which the surrendered permission
relates.

"(5) A permission may not be surrendered in accordance with subregulation (4)
except with the consent in writing of the Minister of State for Defence or an
authorised person.

"(6) Where, in relation to any goods to which this regulation relates:

   (a)  the Minister of State for Defence or an authorised person grants a
        permission (or 2 or more permissions) in exchange for a surrendered
        permission; and

   (b)  the surrendered permission specifies conditions or requirements to be
        complied with by the holder of that permission; the permission (or
        permissions) so granted may:

   (c)  omit any goods included in the surrendered permission;

   (d)  include additional goods, being goods to which this regulation
        relates; and

   (e)  vary or modify any condition or requirement.

"(7) The Minister of State for Defence or an authorised person may revoke a
permission granted under this regulation if the holder of the permission has
failed to comply with a condition or requirement specified in the permission.
Duration of permission

"13F. (1) The Minister of State for Defence or an authorised person may, by
notice published in the Gazette, declare that a permission granted under
regulation 13D by that Minister or an authorised person is to cease to have
force on and from a day specified in the notice and the permission shall cease
to have force on and from that day.

"(2) In this regulation, 'authorised person' has the same meaning as in
regulation 13D.".