Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 119 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 119

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Exports) Amendment Regulation 2012 (No. 1)

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 or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.

The purpose of the Regulation is to amend Schedule 15 to the Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) to ensure the Principal Regulations are consistent with the Government's Clean Energy Future Plan.

Australia is a party to the Montreal Protocol on Substances that Deplete the Ozone Layer which is an international treaty for the prevention of illegal trade in

ozone-depleting substances and products that contain ozone-depleting substances. As a result, the Ozone Protection Act 1989 provides for the prohibition of the manufacture, import and export of ozone-depleting substances. This Act was amended in 2003, to become the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (OPSGGM Act).

To support the administration and enforcement of controls set out in the OPSGGM Act, regulation 13F of the Principal Regulations prohibits the export of certain ozone-depleting substances and synthetic greenhouse gases unless one of the exceptions in that regulation applies. The main exception is where the exporter has a licence to export such goods granted under section 16 of the OPSGGM Act. The prohibition in 13F relates to substances listed in Schedule 15 of the Principal Regulations.

On 10 July 2011, the Government released the Clean Energy Future Plan, including an equivalent Carbon Pricing Mechanism. As part of this, an equivalent carbon price will be imposed on synthetic greenhouse gases using the existing controls under the OPSGGM Act and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

The Regulation adds the synthetic gas sulfur hexafluoride (SF₆) to Schedule 15 to the Principal Regulations to ensure its export is regulated. In effect, this will mean that a person will not be able to export sulfur hexafluoride without a licence under the OPSGGM Act. This will ensure consistency with the Government's Clean Energy Future Plan.  

This Regulation forms part of the Clean Energy Future Plan. Industry consultation in relation to the Clean Energy Future Plan was conducted by the Department of Sustainability, Environment, Water, Populations and Communities.

The Regulation commences on 1 July 2012, the same date that the Clean Energy Future Plan commences.    

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

Customs (Prohibited Exports) Amendment Regulation 2012 (No. 1)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulation

This Regulation amends the Customs (Prohibited Exports) Regulations 1958 (the Principal Regulations) to allow regulation of the export of sulfur hexafluoride consistent with the Government's Clean Energy Future Plan.

The Regulation commences on 1 July 2012.

Human Rights implicationns

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

This legislative instrument does not raise any human rights issues.

Minister for Home Affairs

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