Commonwealth Numbered Regulations

1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 3

3. Regulation 13E of the Principal Regulations is amended:
(a) by omitting from subregulation (1) all words after "to grant" and
substituting "a licence or a permission, for the purposes of these
Regulations, to export from Australia all or any of the goods referred to in
subregulation (2)";

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

"(2) The exportation from Australia of goods specified in the notice published
by the Minister of State for Defence in Gazette No. P6 dated 23 March 1989 is
prohibited unless:

   (a)  a licence in writing to export such of those goods as are specified in
        the licence has been granted by the Minister of State for Defence or,
        subject to regulation 13H, by an authorised person, and the licence is
        produced to a Collector; or

   (b)  a permission in writing to export such of those goods as are specified
        in the permission has been granted by the Minister of State for
        Defence or, subject to regulation 13H, by an authorised person, and
        the permission is produced to a Collector.";

   (c)  by omitting from subregulation (3) all words from and including "(3) A
permission" to and including " by that Minister or an authorised person" and
substituting:

"(3) A licence or permission to export goods under subregulation (2) shall be
granted subject to compliance by the holder of the licence or permission with
the following conditions in relation to the exportation of the goods:

   (a)  that, where a person is specified in the licence or permission as the
        consignee in relation to the exportation of the goods, the goods are
        exported to that person;

   (b)  that, where a country is specified in the licence or permission in
        relation to the exportation of the goods, the goods are exported to
        that country;

   (c)  that the holder will, if so required by the Minister of State for
        Defence or an authorised person, before or after the exportation of
        the goods as that Minister or an authorised person directs:

        (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 in a particular case requires, an
undertaking that the consignee will not:

        (iii)  re-export the goods from any country specified in the licence
               or 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-exportation, disposal or relinquishment is granted by that
               Minister or an authorised person;";

   (d)  by inserting after subregulation (3) the following subregulations:

"(3A) In addition to the conditions under subregulation (3), a licence or
permission to export goods shall be granted subject to compliance by the
holder of the licence or permission with any other conditions specified in the
licence or permission in relation to the exportation of the goodsin the
licence or permission.

"(3B) Where the granting of a licence or permission to export goods is subject
to compliance with a condition under this regulation by the holder of the
licence or permission, the condition shall apply, insofar as applicable, at
the time the goods are exported and before and after that time.

"(3C) In addition to any other condition under this regulation, a permission
to export goods shall be granted subject to compliance by the holder of the
permission with the condition that the goods are exported from Australia
within the period of 6 months immediately after the Minister of State for
Defence or an authorised person has granted the permission, or such other
period as is specified in the permission. goods is subject to compliance with
a condition under this regulation by the holder of the licence or permission,
the condition shall apply, insofar as applicable, at the time the goods are
exported and before and after that time.

"(3D) A licence may be issued for a period specified in the licence, or
without any limitation as to time.";
(e) by inserting in subregulation (7) "licence or" before "permission"
(wherever occurring).