Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 46 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 46

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulations 2011 (No. 2)

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 introduce export controls on tributyltin (TBT) compounds under the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations). TBT compounds are subject to the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention). The Rotterdam Convention obliges Parties to control the export of chemicals and pesticides specified in Annex III to the Rotterdam Convention.   

Regulation 4A of and Schedule 2 to the PE Regulations implement export controls in line with Australia's obligations under the Rotterdam Convention.  The export controls under the Rotterdam Convention are also implemented under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 (the Agvet Regulations).

Regulation 4A of and Schedule 2 to the PE Regulations and Parts 2 and 3 of Schedule 1 to the Agvet Administration Regulations apply in respect of the same chemicals.  The PE Regulations require that export permission must be granted under the Agvet Regulations, and must be produced to a Collector under regulation 4A of the PE Regulations.  If an export permission is not produced, the chemicals will be prohibited exports and will be subject to the Customs and Border Protection enforcement regime at the border.

The Australian Government ratified the Rotterdam Convention in 2004. In October 2008, at the fourth Conference of the Rotterdam Convention, the Parties agreed to include TBT compounds in Annex III of the Rotterdam Convention with effect from 1 June 2010. In order to implement this change, the TBT compounds need to be added to Schedule 2 to the PE Regulations, which sets out the chemicals listed in Annex III to the Rotterdam Convention.

Accordingly, the amending Regulations amend Schedule 2 to the Principal Regulations by adding TBT compounds to the list of chemicals.

As the amendments implement Australia's international obligations under the Rotterdam Convention, consultation was undertaken with the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC), the Department of Agriculture Fisheries and Forestry (DAFF) and the Australian Pesticides and Veterinary Medicines Authority (APVMA).

Exporters of TBT compounds have been made aware of the new requirements through consultations undertaken by DSEWPC, DAFF and APVMA.

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

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