Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1996 NO. 282

STATUTORY RULES 1996 No. 282

Issued by the Authority of the Minister for Small Business and Consumer Affairs

Customs Act 1901

Customs (Prohibited Exports) Regulations (Amendment)

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

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

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

"(2A) Without limiting the generality of paragraph (2)(c), the regulations - ...(a) may provide that the exportation of the 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; and

The Customs (Prohibited Exports) Regulations (the Regulations) control the exportation of the 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 13CC controls the exportation of certain goods owned or controlled, directly or indirectly, by Yugoslavia or a public utility of Yugoslavia. (The Federal Republic of Yugoslavia was fomerly referred to as the Federal Republic of Yugoslavia (Serbia and Montenegro)

The Regulations repeal regulation 13CC following the United Nations Security Council Resolution 1074 of 1 October 1996, in which it was decided to terminate all measures taken against the Federal Republic of Yugoslavia.

Regulation 13CC was introduced in 1992 following United Nations Security Council Resolution 757 which imposed a total trade embargo on exports to the Federal Republic of Yugoslavia.

The repeal of regulation 13CC of the Regulations, in conjunction with amendments to the Regulations fitted below, give effect to United Nations Security Council Resolution 1074:

Charter Of The United Nations (Sanctions - Republic Of Bosnia And Herzegovina) Regulations;

Charter Of The United Nations (Sanctions - Yugoslavia) Regulations;

Migration (Republic Of Boznia And Herzegovina-United Nations Security Council Resolutions) Regulations;

Migration (Yugoslavia (Serbia And Montenegro) - United Nations Security Council Resolutions) Regulations;

Air Navigation Regulations

The Regulations commenced on gazettal.