Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1994 NO. 242

STATUTORY RULES 1994 No. 242

Issued by the Authority of the Minister for Small Business, Customs and Construction

Customs Act 1901

Customs (Prohibited Exports) Regulations (Amendment)

Section 112 of the Customs Act 1901 (the Act) providing in part that:

"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.

(2) The power conferred by subsection (1) maybe exercised -..(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

(2A) Without limiting the generality of subparagraph (2)(c), the regulations -...(a) may provide that the exportation of goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; ......

The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of goods specified in the various regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or a specified person.

Regulation 13C of the Regulations prohibits the exportation of goods from Australia to the Republic of South Africa as specified in Schedule 14 of the Regulations unless an approval in writing to the exportation of the goods issued by the Minister for Foreign Affairs and Trade or an authorised person is produced to a Collector of Customs.

On 25 May 1994 the United Nations Security Council, by Resolution 919, decided to lift the arms embargo against South Africa, imposed by Resolutions 418 (1977), 558 (1984) and 591 (1986). The Australian High Commission in London also advised the Department of Foreign Affairs and Trade that Commonwealth Secretary-General Anyaoku considered that the trigger for the lifting of the Commonwealth arms embargoes had been met by the election of a non-racial democratic Government of National Unity in South Africa.

Regulation 13C and Schedule 14 of the Customs (Prohibited Exports) Regulations give effect to Australia's obligation as a member of the United Nations to control the exportation of arms (amongst other goods) to South Africa. In order to implement the lifting of the arms embargo, the regulations omit regulation 13C and Schedule 14 (regulations 2 and 3 refer).

The proposed Regulations would commence on gazettal.

The minute recommends that Regulations be made in the form prepared.

Authority: Section 112 of the Customs Act 1901