Commonwealth Numbered Regulations

1996 No. 281 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 5

5.1 Subregulation 13E (1) (definition of "strategic goods list"): Omit the
definition, substitute:

"'defence and strategic goods list' means the document:

   (a)  formulated and published under paragraph 112 (2A) (aa) of the Act by
        the Minister for Defence Industry, Science and Personnel; and
(b) titled "The Defence and Strategic Goods List" in the publication
"Australian Controls on the Export of Defence and Strategic Goods"; and

   (c)  dated November 1996; as amended by the Minister and in force from time
        to time.".

5.2 Subregulation 13E (1A): Omit the subregulation, substitute:

"(1A) The Minister for Defence Industry, Science and Personnel may authorise
in writing:

   (a)  a person employed in the Department of Defence; or

   (b)  for goods listed in Part 1 of the defence and strategic goods list-an
        Officer of Customs; to grant a licence or permission to export from
        Australia goods listed in the defence and strategic goods list.

"(1B) An authority given under subregulation (1A) may be:

   (a)  subject to conditions about the circumstances in which goods are
        exported; and

   (b)  restricted to a number, type or category of goods.".

5.3 Subregulation 13E (2): Omit "strategic", substitute "defence and
strategic".

5.4 After subregulation 13E (2), insert:

"(2A) An application for a licence or permission under subregulation (2) to
export goods mentioned in subregulation (2B) must be made in writing at least
37 days before the proposed date of exportation.

"(2B) The goods referred to in subregulation (2A) are goods mentioned in the
following items in the defence and strategic goods  list:

   (a)  item ML7a (not being CW incapacitating agents mentioned in Note 1.c or
        CW defoliants mentioned in Note 1.d);

   (b)  item ML7b;

   (c)  item 1C350.23;

   (d)  item 1C351.d.4;

   (e)  item 1C351.d.5.".

5.5 Paragraphs 13E (2) (a), (2) (b) and (6) (a), subregulations 13E (5) and
(7):
Omit "Minister for Defence", substitute "Minister for Defence Industry,
Science and Personnel".

5.6 Paragraph 13E (2) (c): Add at the end:

"; and (iv) are specified in Part 1 (other than item ML7) or Part 3 (other
than items 1C350, 1C351, 1C352, 1C353, 1C354 and 1C450) of the defence and
strategic goods list.".

5.7 Subregulations 13E (3), (3A), (3B), (3C) and (3D): Omit the
subregulations, substitute:

"(3) A licence or permission may state that its holder must comply with
conditions or requirements including:

   (a)  a time (before or after exporting goods) at or before which the holder
        must comply with a condition or requirement;

   (b)  the circumstances in which goods may be exported;

   (c)  the number, type or category of goods that may be exported.".

5.8 Subregulations 13E (4), (5) and (6): Omit "permission" (wherever
occurring), substitute "licence or permission".

5.9 Subregulation 13E (4) and (6): Omit "permissions" (wherever occurring),
substitute "licences or permissions".