EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 289

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 2006 (No. 4)

 

Subsection 270(1) of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.

Section 112 of the Act provides in part that the Governor-General may, by regulation, prohibit the exportation of goods from Australia and that the power may be exercised by prohibiting the exportation of goods absolutely or by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

The purpose of the amending Regulations is to amend the Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) to implement an arms embargo against Lebanon imposed by United Nations Security Council Resolution 1701 (2006), which was adopted on 11 August 2006 (the Resolution).

The Resolution provides, in part, that all Member States shall prevent:

(a) the direct or indirect supply, sale or transfer to Lebanon, through their territories or by their nationals of arms and related matériel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories; and

(b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of such arms and related matériel.

This prohibition does not apply to arms and related matériel authorised by the Government of Lebanon or by the United Nations Interim Force in Lebanon.

The amending Regulations insert new regulation 13CP into the Principal Regulations to prohibit the exportation of arms and related matériel (other than goods listed in the defence and strategic goods list mentioned in regulation 13E of the Principal Regulations) the immediate or final destination of which is, or is intended to be, Lebanon unless the written permission of the Foreign Minister or an authorised person is shown to a Collector of Customs at or before the time of exportation.

The Foreign Minister may authorise an employee of the Department of Foreign Affairs and Trade to be an authorised person for the purposes of the amending Regulations.

The Foreign Minister or an authorised person may also include conditions and other requirements in a permission and the Foreign Minister may revoke or modify a permission in certain circumstances.

The Foreign Minister or an authorised person, in deciding whether to grant a permission to export, must take into account Australia's relations with other countries and Australia's obligations under international law.

The exportation of most military goods and dual use goods from Australia is already controlled under regulation 13E of the Principal Regulations. Therefore, it is only necessary to include in new regulation 13CP those goods which are not covered by regulation 13E, such as paramilitary equipment, but which are covered by the terms of the Resolution.

The prohibition against the provision of technical training or assistance in relation to arms and related matériel is implemented under the Charter of the United Nations (Sanctions - Lebanon) Regulations 2006.

No consultation was undertaken specifically in relation to the amendments as they implement Australia’s international obligations under the Resolution.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

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