Commonwealth Numbered Regulations

1989 No. 196 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 5

5. Regulation 13B of the Principal Regulations is amended:
(a) by omitting from subregulation (1) "grant permission" and substituting

"grant a permission or licence";

   (b)  by omitting subregulation (2) and substituting the following
        subregulations:

"(2) The exportation from Australia of goods specified in, or included in a
class of goods specified in, Part IA, Part IB or Part II of Schedule 13 is
prohibited unless:

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

   (b)  the permission is produced to the Collector.

"(3) The exportation from Australia of goods specified in, or included in a
class of goods specified in, Part III of Schedule 13 is prohibited unless:

   (a)  the person exporting the goods is the holder of a licence to export
        the goods granted by the Minister of State for Defence or an
        authorized person and the licence is produced to the Collector; or

   (b)  a permission in writing to export the goods has been granted by the
        Minister of State for Defence or an authorized person and the
        permission is produced to the Collector.

"(4) A permission or licence granted under this regulation may specify
conditions, or requirements, to be complied with by the holder of the
permission or licence and may, in respect of any such condition or
requirement, specify a time (being a time before or after the exportation of
the goods to which the permission or licence relates) at or before which the
condition or requirement shall be complied with by the holder.

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

"(6) A licence granted under this regulation remains in force:

   (a)  for a period of 12 months commencing on the day of commencement
        specified in the licence, being a day not earlier than the day of
        grant of the licence; or

   (b)  for such other period as is specified in the licence, being a period
        that commences not earlier than the day of grant of the licence.

"(7) In Schedule 13:
'software' means software fixed in any tangible medium.".