Part 1 Preliminary
1 Name
of Regulations [see Note 1]
These Regulations are the Customs (Prohibited
Exports) Regulations 1958.
2 Interpretation
(1) In these Regulations, unless the contrary intention
appears:
American Petroleum Institute 610 Standards
means the document of that title:
(a) published by the American Petroleum
Institute; and
(b) in force on the day on which Part 2 of
Schedule 14A commences.
American Society of Mechanical Engineers 1 Standards
means the document of that title:
(a) published by the American Society of
Mechanical Engineers; and
(b) in force on the day on which Part 2 of
Schedule 14A commences.
American Society of Mechanical Engineers 8 Standards
means the document of that title:
(a) published by the American Society of
Mechanical Engineers; and
(b) in force on the day on which Part 2 of
Schedule 14A commences.
arms or related matériel includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) paramilitary equipment; and
(e) spare parts for the things mentioned in
paragraphs (a) to (c).
asbestos means any of the following fibrous
forms of mineral silicates belonging to the serpentine or amphibole groups of
rock‑forming minerals:
(a) actinolite asbestos;
(b) amosite (brown asbestos);
(c) anthophyllite asbestos;
(d) chrysotile (white asbestos)
(e) crocidolite (blue asbestos);
(f) tremolite asbestos.
CAS Registry Number, in relation to a
chemical mentioned in Schedule 2, means the registry number:
(a) assigned to the chemical by the Chemical
Abstracts Service, Columbus, Ohio, United States of America; and
(b) published by the Service in the journal Chemical
Abstracts.
CFC means a chlorofluorocarbon mentioned in
Part 1 of Schedule 15, whether existing alone or in a mixture.
Foreign Minister means the Minister for
Foreign Affairs.
HBFC means a hydrobromofluorocarbon
that is mentioned in Part 6 of Schedule 15, whether existing alone or in a
mixture.
HCFC means a hydrochlorofluorocarbon
mentioned in Part 5 of Schedule 15, whether existing alone or in a mixture.
HFC means a substance mentioned in
Part 9 of Schedule 15, whether existing alone or in a mixture.
Note HFC is short for hydrofluorocarbon.
human embryo clone has the meaning given by
section 8 of the Prohibition of Human Cloning for Reproduction Act 2002.
licensed exporter means a person who holds a
licence granted under regulation 10A, being a licence that is in force.
paramilitary equipment means any of the
following:
(a) batons, clubs, riot sticks and similar
devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet‑resistant apparel;
and
(ii) bullet‑resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg‑irons and other devices
used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted
for use in, or with, equipment mentioned in paragraphs (a) to (e).
PFC means a substance mentioned in
Part 10 of Schedule 15, whether existing alone or in a mixture.
Note PFC is short for perfluorocarbon.
poppy straw means any part (other than the
seeds) of the opium poppy (Papaver Somniferum).
security sensitive ammonium nitrate means any
of the following:
(a) ammonium nitrate;
(b) an emulsion that is made up of more than 45 per
cent ammonium nitrate;
(c) a mixture that is made up of more than 45 per
cent ammonium nitrate;
but does not include ammonium nitrate in solution.
SGG means an HFC or a PFC.
Note 1 SGG is short for synthetic greenhouse
gas.
Note 2 This definition is in substance
the same as the definition of SGG in the Ozone Protection and
Synthetic Greenhouse Gas Management Act 1989.
the Act means the Customs Act 1901.
(2) In these Regulations, a reference to a Schedule by
number shall be read as a reference to the Schedule so numbered to these
Regulations.
Part 2 Exemptions
2A Exemption
of goods specified in Schedule 3
(1) These Regulations do not apply in relation to the
exportation of petroleum or petroleum products taken on board an aircraft or
ship for the service of that aircraft or ship.
(2) In this regulation:
aircraft and ship have the same
meanings as in Part VII of the Act.
Part 3 Prohibited exports
Division 1 Miscellaneous prohibited exports
3 Exportation
of objectionable goods
(1) In this regulation:
computer game means a computer program and
associated data capable of generating a display on a computer monitor,
television screen, liquid crystal display or similar medium that allows the
playing of an interactive game.
computer generated image means an image
(including an image in the form of text) produced by use of a computer on a
computer monitor, television screen, liquid crystal display or similar medium
from electronically recorded data
film includes a cinematograph film, a slide,
video tape and video disc and any other form of recording from which a visual
image, including a computer generated image, can be produced, but does not
include a computer game.
interactive game means a game in which the
way the game proceeds and the result achieved at various stages of the game is
determined in response to the decisions, inputs and direct involvement of the
player.
publication means a book, paper, magazine,
film, computer game or other written or pictorial matter.
terrorist act has the same meaning as in
section 100.1 of the Criminal Code (no matter where the action occurs, the
threat of action is made or the action, if carried out, would occur).
Note The definition of terrorist
act in that section covers actions or threats of actions.
(2) This regulation applies to goods, including
publications, that:
(a) describe, depict, express or otherwise deal
with matters of sex, drug misuse or addiction, crime, cruelty, violence or
revolting or abhorrent phenomena in a way that offends against the standards of
morality, decency and propriety generally accepted by reasonable adults to the
extent that the goods should not be exported; or
(b) describe or depict in a way that is likely to
cause offence to a reasonable adult, a person who is, or who appears to be, a
child under 18 (whether the person is engaged in sexual activity or not); or
(c) in relation to a computer game — are
unsuitable for a person under 18 to see or play; or
(d) promote, incite or instruct in matters of
crime or violence; or
(e) promote or incite the misuse of a drug
specified in Schedule 4 to the Customs (Prohibited Imports) Regulations; or
(f) advocate the doing of a terrorist act.
(2A) For paragraph (2) (f), publications and any other
goods advocate the doing of a terrorist act if they:
(a) directly or indirectly counsel or urge the
doing of a terrorist act; or
(b) directly or indirectly provide instructions
on the doing of a terrorist act; or
(c) directly praise the doing of a terrorist act
in circumstances where there is a risk that such praise might have the effect
of leading a person (regardless of his or her age or any mental impairment
(within the meaning of section 7.3 of the Criminal Code) that the person
might suffer) to engage in a terrorist act.
(2B) For paragraph (2) (f), publications and any other
goods do not advocate the doing of a terrorist act if they depict or describe a
terrorist act, but the depiction or description could reasonably be considered
to be done merely as part of public discussion or debate or as entertainment or
satire.
(3) The Attorney‑General may, by instrument,
appoint a person holding or performing the duties of the office of Director or Deputy Director of the
Classification Board established by section 45 of the Classification
(Publications, Films and Computer Games) Act 1995 to be an authorised
person for subregulation (4).
(4) The exportation of goods to which this regulation
applies is prohibited unless a written permission to export the goods has been
given by the Attorney‑General or an authorised person.
(5) In considering whether to give a permission, the
Attorney‑ General or an authorised person must have regard to:
(a) the purposes for which the goods are to be
exported; and
(b) the extent to which the person to whom a
permission would be given conducts activities of an artistic or educational, or
of a cultural or scientific, nature to which the goods relate; and
(c) the reputation of the person referred to in
paragraph (b), both generally and in relation to an activity referred to in
that paragraph; and
(d) the ability of that person to meet conditions
that may be imposed under subregulation (6) in relation to the goods; and
(e) any other relevant matters.
(6) A permission may specify conditions with which the
holder of the permission must comply.
(7) The Attorney‑General or an authorised person
may revoke a permission if the holder of the permission fails to comply with a
condition imposed under subregulation (6).
(8) Application may be made to the Administrative
Appeals Tribunal for review of a decision of the Attorney‑General or an
authorised person:
(a) refusing to give a permission; or
(b) giving a permission subject to conditions; or
(c) revoking a permission.
(9) The Attorney‑General may certify in writing
that in his or
her opinion it is in the public interest that a decision to
give or refuse to give a permission should be made solely by the Attorney‑General
and should not be reviewable by the Administrative Appeals Tribunal.
(10) The Attorney‑General must give a copy of a
certificate under subregulation (9) to the person who sought the permission.
(11) A certificate must include a statement of the grounds
on which the certificate is issued.
(12) While a certificate is in force in relation to a
permission or a refusal of a permission, subregulation (8) does not apply to
the permission or refusal.
(13) The Attorney‑General must cause a copy
of a certificate to be laid before each House of the Parliament within 15
sitting days of that House after the day on which the certificate is issued.
(14) If the Attorney‑General or an authorised
person:
(a) refuses to give a permission to a person; or
(b) gives a permission to a person subject to
conditions; or
(c) revokes a permission given to a person;
he or she must inform the person of the decision by written notice
within 30 days after making the decision.
(15) Unless the Attorney‑General has given a
certificate under subregulation (9), a notice under subregulation (14) must
include:
(a) a statement to the effect that application
may be made to the Tribunal under the Administrative Appeals Tribunal Act
1975 for review of the decision to which the notice relates; and
(b) unless subsection 28 (4) of that Act
applies — a statement to the effect that a person who is entitled to apply
to the Tribunal for review of the decision may, under section 28 of that Act,
request a statement that includes the reasons for the decision.
(16) A contravention of subregulation (15) in relation to
a decision does not affect the validity of the decision.
4 Exportation of goods mentioned in
Schedule 1 (asbestos)
(1) The exportation from
Australia of asbestos, or goods mentioned in Part 1 of Schedule 1 that contain
asbestos, is prohibited unless:
(a) the asbestos is, or goods are, hazardous
waste as defined in section 4 of the Hazardous Waste (Regulation of Exports
and Imports) Act 1989; or
(b) an authority of a State or Territory provides
a confirmation in accordance with subregulation (3); or
(c) the Safety, Rehabilitation and Compensation
Commission confirms that it has granted an exemption under the Occupational
Health and Safety (Commonwealth Employment) (National Standards) Regulations
1994 for the use of the asbestos or goods; or
(d) the Seafarers Safety, Rehabilitation and
Compensation Authority confirms that it has granted an exemption under the Occupational
Health and Safety (Maritime Industry) (National Standards) Regulations 2003
for the use of the asbestos or goods; or
(e) the Minister administering the Occupational
Health and Safety (Commonwealth Employment) Act 1991 or a person authorised
by that Minister confirms that he or she has granted permission to export the
asbestos or goods; or
(f) the goods are raw materials that contain
naturally occurring traces of asbestos.
(2) However, subregulation (1) does not prohibit
exportation from Australia of goods, containing asbestos, that are incorporated
into other goods in a way that does not constitute a risk to users until the
asbestos in the goods is disturbed.
(3) For paragraphs (1)
(b), (c) and (d):
(a) both:
(i) the confirmation must state that
the asbestos is, or goods are, for a use mentioned in Part 2 of
Schedule 1; and
(ii) the asbestos or goods must be
exported on or before the date mentioned in Part 2 of Schedule 1 for that use;
or
(b) the confirmation must state that the asbestos
is, or goods are for research, analysis or display.
(4) For paragraph (1) (e), the Minister or authorised
person may grant permission to export the asbestos or goods.
(5) For paragraphs (1) (b), (c), (d) and (e), a copy of
the confirmation must be produced to a Collector.
4A Exportation of goods mentioned in Schedule
2 (chemicals)
(1) The exportation from
Australia of a chemical mentioned in Schedule 2, or a mixture or preparation
containing a chemical mentioned in Schedule 2, is prohibited unless:
(a) if the
chemical is an active constituent or a chemical product as defined in the
Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural
and Veterinary Chemicals Code Act 1994:
(i) a permission to export the
chemical has been granted in writing under the Agricultural and Veterinary
Chemicals (Administration) Regulations 1995; and
(ii) the permission is produced to a
Collector; or
(b) in any other
case:
(i) a permission to export the
chemical has been granted in writing by the Minister or an authorised officer
under this regulation; and
(ii) the permission is produced to a
Collector.
(1A) To avoid doubt, if an
item in Schedule 2 includes words describing a particular kind of derivative
(for example, ‘salt’ or ‘ester’) of a chemical whose common name is set out in
the item, the derivative so described is taken, for subregulation (1), to be a
chemical mentioned in Schedule 2.
(2) An application for a permission under paragraph (1)
(b) must be:
(a) in writing; and
(b) lodged with an authorised officer.
(3) An authorised officer may ask an applicant for a
permission under paragraph (1) (b) to give to the authorised officer
any information that the authorised officer or the Minister reasonably requires
in order to decide whether the permission should be granted.
(4) If, on an application
for a permission under paragraph (1) (b), an authorised officer forms an
opinion that the permission should not be granted:
(a) the authorised officer must refer the
application to the Minister; and
(b) the Minister may grant, or refuse to grant,
the permission.
(5) A permission granted
under paragraph (1) (b) or (4) (b) may specify:
(a) conditions or requirements to be complied
with by the holder of the permission; and
(b) when the holder must comply with a condition
or requirement, whether before or after the exportation of the chemical to
which the permission relates.
(6) If the holder of a permission granted under
paragraph (1) (b)
or (4) (b) does not comply with a condition or requirement
of the permission, the Minister may, by writing, revoke the permission.
(7) In this regulation:
authorised officer
means an officer of the Department of Agriculture, Fisheries and Forestry who
is authorised in writing for the purposes of this regulation by the Minister.
Minister means the Minister for Agriculture,
Fisheries and Forestry.
5 Exportation of goods specified in
Schedule 3 (primary produce)
(1) A reference in this regulation to an authorised
officer shall be read as a reference to a person who is:
(a) an officer or employee of the public service
of the Commonwealth, a State or the Northern Territory; or
(b) an officer of, or employed by, an authority
of the Commonwealth, a State or the Northern Territory;
being a person authorised in writing by the Minister for
Agriculture, Fisheries and Forestry to approve, for the purposes of these
Regulations, the exportation of goods specified in Schedule 3.
(2) The exportation from Australia of the goods
specified in Schedule 3 is prohibited unless an approval in writing for the
exportation of the goods issued by the Minister for Agriculture, Fisheries and
Forestry or by an authorised officer is produced to the Collector.
(3) An export permit that is in force under orders in
force under the Export Control (Orders) Regulations 1982 in respect of
goods specified in item 15 in Schedule 3 shall be taken to be an approval in
writing issued under subregulation (2) for the exportation of the goods.
6 Exportation of goods specified in
Schedule 4 (toothfish)
(1) This regulation applies to fish of a species
specified in Schedule 4, whether fresh, frozen, smoked, preserved in airtight
containers or in any other form.
(2) The exportation from Australia of fish, or of parts
of fish, to which this regulation applies is prohibited unless:
(a) a permission in writing to export the fish
has been granted by the Minister or an authorised officer; and
(b) the permission is produced to the Collector.
(3) If, on an application for a permission under
subregulation (2), an authorised officer forms an opinion that the permission
should not be granted:
(a) the authorised officer must refer the
application to the Minister; and
(b) the Minister may grant, or refuse to grant,
the permission.
(4) A permission may specify:
(a) conditions or requirements to be complied
with by the holder of the permission; and
(b) when the holder must comply with a condition
or requirement, whether before or after the exportation of the fish to which
the permission relates.
(5) If the holder of a permission does not comply with a
condition or requirement of the permission, the Minister, by writing, may
revoke the permission.
(6) The Minister may revoke a permission under
subregulation (5) whether or not the holder of the permission is charged with
an offence under subsection 112 (2B) of the Act for not complying with the
condition or requirement.
(7) In this regulation:
authorised officer means an officer within
the meaning of subsection 4 (1) of the Fisheries Management Act 1991
who is authorised by the Minister, in writing, for the purposes of this
regulation.
Minister means the Minister administering
the Fisheries Management Act 1991.
8 Exportation of goods specified in
Schedule 6 (human substances)
(1) In this regulation:
authorised person means an officer of the
Department authorised in writing by the Secretary for this regulation.
Department means the department administered
by the Minister with administrative responsibility for health.
Secretary means the Secretary to the
Department.
(2) The exportation from Australia of goods specified in
Schedule 6 is prohibited unless:
(a) permission to export the goods has been
granted under this regulation and is in force; and
(b) the permission is produced to the Collector.
(3) The Secretary, or an authorised person, may, on
application, grant permission for the exportation of goods specified in
Schedule 6.
(4) An application:
(a) must be in writing; and
(b) must be lodged with the Secretary.
(5) Notice of the grant of a permission must be in
writing and may specify a condition or requirement that must be complied with
by the person to whom the permission is granted.
(6) If the Secretary, or an authorised person, refuses
to grant an application for a permission, he or she must notify the applicant
in writing accordingly.
(7) The Secretary, or an authorised person, may revoke a
permission by notice in writing to the holder of the permission, if:
(a) the holder fails to comply with a condition
or requirement specified in the permission, whether or not the holder is
charged under subsection 112 (2B) of the Act with failure to comply with the
condition or requirement; or
(b) the holder of the permission is convicted
under that subsection for failure to comply with the condition or requirement.
(8) Application may be made to the Administrative
Appeals Tribunal for review of a decision of the Secretary or of an authorised
person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition
or requirement; or
(c) to revoke a permission.
(9) Notice of a decision referred to in subregulation
(8) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal
Act 1975, a person affected by the decision may make an application to the
Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the
decision may request a statement under section 28 of that Act.
(10) A failure to comply with subregulation (9) does not
affect the validity of the decision.
8A Exportation
of viable material derived from human embryo clones
(1) In this regulation:
authorised person means a person authorised
in writing by the Minister for this regulation.
Minister means the Minister administering the
Prohibition of Human Cloning for Reproduction Act 2002.
viable material means living tissue and
cells.
Note For the Minister administering the Prohibition
of Human Cloning for Reproduction Act 2002, see the latest Administrative
Arrangements Order, available on the internet at http://www.comlaw.gov.au.
(2) The exportation from Australia of viable material
derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has
granted permission in writing; and
(b) the permission mentioned in
paragraph (a) is produced to a Collector at or before the time of
exportation.
(3) The permission may specify conditions or
requirements, including times for compliance, to which the importation is
subject.
(4) The Minister or an authorised person may, by notice
in writing to the holder of the permission, revoke a permission granted under
paragraph 2 (a) if the holder of the permission engages in conduct that
contravenes a condition or requirement mentioned in subregulation (3).
(5) For subregulation (4), the Minister or an authorised
person may revoke the permission whether or not the holder of the permission is
charged with an offence under subsection 112 (2B) of the Act.
(6) Application may be made to the Administrative
Appeals Tribunal for review of a decision of the Minister or of an authorised
person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition
or requirement; or
(c) to revoke a permission.
(7) Notice of a decision referred to in subregulation (6)
is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal
Act 1975, a person affected by the decision may make an application to the Administrative
Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the
decision may request a statement under section 28 of that Act.
(8) A failure to comply with subregulation (7) does
not affect the validity of the decision.
9 Exportation of goods specified in
Schedule 7 (nuclear material)
(1) In this regulation:
authorised person means a person authorised
in writing by the Minister for this regulation.
Minister means the Minister for Industry,
Tourism and Resources.
(2) This regulation applies to the goods specified in
Schedule 7.
(3) The exportation from Australia of goods to which
this regulation applies is prohibited unless:
(a) a permission in writing to export the goods
or a class of goods in which the goods are included has been granted by the
Minister or an authorised person; and
(b) the permission is produced to the Collector.
(3A) A permission granted for the purposes of subregulation
(3) (not being a permission so granted in exchange for a permission surrendered
in accordance with subregulation (3B)) may specify, and a permission granted
for the purposes of subregulation (3) in exchange for a permission surrendered
in accordance with subregulation (3B) shall specify, that the permission may,
subject to this regulation, be:
(a) assigned; or
(b) surrendered in exchange for the granting to
the holder of the surrendered permission of another permission or other
permissions to export goods of the same kind as the goods to which the
surrendered permission relates.
(3B) Where a permission so specifies that the permission
may be assigned or surrendered, the permission may be so assigned or
surrendered only with the consent in writing of the Minister or an authorised
person.
(3C) A permission referred to in subregulation (3B) may be
assigned as provided by that subregulation notwithstanding that the permission
has previously been assigned as provided by that subregulation.
(3D) A consent in writing under subregulation (3B) to the
assignment of a permission shall be endorsed on or annexed to the permission.
(3E) A permission granted for the purposes of
subregulation (3) may specify conditions or requirements to be complied with by
the holder of the permission and may, in respect of any such condition or requirement,
specify the time (being a time before or after the exportation of the goods to
which the permission relates) at or before which the condition or requirement
shall be complied with by the holder.
(3EA) The person who is the holder of the permission when the
goods, for which the permission was granted, are exported must comply with any
condition or requirement specified in the permission.
(3F) Where, in relation to the proposed assignment of a
permission, being a permission that specifies conditions or requirements
to be complied with by the holder of the permission, the Minister or an
authorised person is of the opinion that any
such condition or requirement is incapable of applying, or of applying without
variation or modification, to the proposed assignee, the Minister or authorised
person may, by writing endorsed on or annexed to the permission at the time of
the giving of his consent to the assignment:
(a) omit that condition or requirement;
(b) vary or modify that condition or requirement
to enable it to apply in relation to the assignee; or
(c) omit the condition or requirement and
substitute other conditions or requirements, being conditions or requirements
that are of the same kind as the omitted condition or requirement and are not inconsistent
with any other condition or requirement specified in the permission.
(3G) Where:
(a) the Minister or an authorised person grants
a permission
or 2 or more permissions in exchange for surrendered permission; and
(b) the surrendered permission specifies
conditions or requirements to be complied with by the permission;
the permission, or each permission, so granted shall specify, as
conditions or requirements to be complied with by the holder of the permission:
(c) such of the conditions or requirements
referred to in paragraph (b), with or without such variation or modification as
the Minister or authorised person may consider necessary for the purpose, as
are capable in the circumstances of applying in relation to the holder of the
permission; and
(d) such other conditions or requirements, if
any, being conditions or requirements not inconsistent with any of the
conditions or requirements referred to in paragraph (c), as the Minister or
authorised person may determine.
(3H) The Minister or an authorised person shall not
unreasonably refuse:
(a) to grant a permission for the purposes of
subregulation (3); or
(b) to consent to the assignment or surrender of
a permission referred to in subregulation (3B).
(3J) Where:
(a) a permission granted for the purposes of
subregulation (3) is subject to a condition or requirement to be complied with
by a person; and
(b) the person fails to comply with the condition
or requirement;
the Minister or an authorised person may revoke the permission,
whether or not the person is charged with an offence against subsection 112
(2B) of the Act in respect of the failure to comply with the condition or
requirement.
9AAA Exportation
of bulk wheat
(1) The exportation from Australia of wheat is
prohibited unless the wheat is exported by an accredited wheat exporter.
(2) Subregulation (1) does not apply to the export of
wheat in:
(a) a bag; or
(b) a container;
that is capable of holding not more than 50 tonnes of wheat.
(3) Subregulation (1) does not apply to the export of
wheat by AWB (International) Ltd before 1 October 2008.
(4) Subregulation (1) does not apply to the export of
wheat before 1 October 2008 if:
(a) before the transition time, the EWC had
given consent under subsection 57(1) of the Wheat Marketing Act 1989 to
the export of the wheat; and
(b) the export of the wheat is in accordance with
the terms of that consent.
(5) In this regulation:
accredited wheat exporter has the same
meaning as in the Wheat Export Marketing Act 2008.
AWB (International) Ltd means AWB
(International) Limited (ACN 081 890 413).
EWC means the Export Wheat Commission.
transition time means the commencement of
section 4 of the Wheat Export Marketing Act 2008.
9AA Exportation
of rough diamonds
(1) In this regulation:
authorised person means an employee of the
Department of Industry, Tourism and Resources authorised in writing by the
Minister for this regulation.
country includes an international
organisation of states or a dependent territory of a country.
Interlaken Declaration means the Interlaken
Declaration of 5 November 2002 on the Kimberley Process Certification
Scheme for Rough Diamonds.
Kimberley Process means the international
certification arrangement for rough diamonds adopted under the Interlaken
Declaration.
Kimberley Process
Certificate means a certificate that meets the minimum requirements for
certificates specified in Part A of Annex 1 of the document known as the
Kimberley Process Certification Scheme which accompanied the Interlaken
Declaration.
Minister means the Minister for Industry,
Tourism and Resources.
original certificate means the original Kimberley
Process Certificate issued under subregulation (3).
Participant means a country that is a
Participant in the Kimberley Process.
rough diamonds means diamonds that:
(a) are unworked or simply sawn, cleaved or
bruted; and
(b) are classified under heading 7102.10.00,
7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.
(2) The exportation from Australia of rough diamonds is
prohibited unless:
(a) the exporter holds a permission under this
regulation; and
(b) the original certificate is produced to a
Collector at or before the time of exportation; and
(c) the rough diamonds are
exported in a tamper resistant container.
(3) The Minister, or an authorised person, may, on
application, grant a permission for the exportation of rough diamonds to a
country by issuing a Kimberley Process Certificate.
(4) A permission:
(a) may be granted only if the country is a
Participant; and
(b) ceases to be in force if the country ceases
to be a Participant.
(5) A permission granted under this regulation is
subject to the following conditions:
(a) any condition notified in writing to the
applicant at the time the permission is granted;
(b) any condition specified on the Kimberley
Process Certificate.
(6) If the holder of a permission fails to comply with a
condition of the permission, the Minister, or an authorised person, in writing,
may revoke the permission.
(7) The Minister, or an authorised person, may revoke a
permission whether or not the holder of the permission is charged with an
offence against subsection 112 (2B) of the Act for
failure to comply with the permission.
(8) The holder of a
permission must:
(a) retain a copy of the original certificate
for a period of 5 years after the time of exportation; and
(b) produce a copy of the original certificate to
an employee of the Department of Industry, Tourism and Resources if requested
to do so within that period.
9AB Exportation of cat and dog fur
(1) In this regulation:
authorised person means a person authorised
in writing by the Minister for this regulation.
cat fur means the pelt or hair of an animal
of the species Felis catus.
cat or dog fur product means a product or
other thing that consists, wholly or partly, of cat fur or dog fur.
dog fur means the pelt or hair of an animal
of the species Canis familiaris.
(2) The exportation from Australia of cat fur, dog fur
or a cat or dog fur product is prohibited unless:
(a) permission to export the goods has been
granted under subregulation (3) and is in force; and
(b) the permission is produced to the Collector.
(3) The Minister, or an authorised person, may, on
application, grant a permission, in writing, for the exportation of cat fur,
dog fur or a cat or dog fur product.
(4) An application:
(a) must be in writing; and
(b) must be lodged with the Minister or an
authorised person.
(5) The Minister, or an authorised person, may ask an
applicant to give to the Minister or authorised person any information the
Minister or authorised person may reasonably require for the purpose of making
a decision in relation to the application.
(6) In deciding whether to grant a permission, the
Minister, or an authorised person, may take into account any matter that the
Minister or authorised person considers relevant.
(7) As soon as practicable after making a decision to
grant, or not to grant, a permission, the Minister or authorised person must
give written notice of the decision to the applicant.
(8) A permission granted under subregulation (3):
(a) may specify conditions or requirements to be
complied with by the holder of the permission; and
(b) for any such condition or requirement, may
specify the time (being a time either before or after the exportation of the
goods to which the permission relates) at or before which the condition or
requirement must be complied with by the holder of the permission.
(9) The Minister, or an authorised person, may revoke a
permission if the Minister or authorised person is satisfied that the holder
has failed to comply with a condition or requirement of the permission.
(10) If the Minister or an authorised person decides to
revoke a permission, the Minister or authorised person must, as soon as
practicable after making the decision, give written notice of the decision to
the holder of the permission.
(11) Application may be made to the Administrative Appeals
Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission subject to a condition
or requirement; or
(c) to revoke a permission.
(12) Notice of a decision mentioned in subregulation (7)
or (10) must include a statement to the effect that:
(a) subject to the Administrative Appeals
Tribunal Act 1975, a person affected by the decision may make an
application to the Administrative Appeals Tribunal for review of the decision;
and
(b) a person whose interests are affected by the
decision may request a statement under section 28 of that Act.
(13) A failure to comply with subregulation (12) does not
affect the validity of the decision.
9AC Exportation
of security sensitive ammonium nitrate
The exportation from Australia of security
sensitive ammonium nitrate (SSAN) is prohibited unless:
(a) both of the following requirements are met:
(i) permission (whether in the form of
a licence or otherwise) for the exportation of the SSAN has been granted in
writing by an authority of the State or Territory where the SSAN is located
immediately before exportation; and
(ii) the permission is produced to a
Collector; or
(b) permission to export the SSAN is not required
under the law of the State or Territory where the SSAN is located immediately
before exportation.
9AD Exportation of goods specified in Schedule
7A (high activity radioactive sources)
(1) In this regulation:
authorised officer
means:
(a) the CEO of ARPANSA, within the meaning of
section 14 of the Australian Radiation Protection and Nuclear Safety
Act 1998, appointed in writing by the Minister as an authorised officer for
this regulation; or
(b) an APS employee assisting the CEO in
accordance with section 58 of that Act, appointed in writing by the Minister as
an authorised officer for this regulation.
high activity radioactive source means a
radioactive source mentioned in an item in the table in Schedule 7A that has an
activity level, measured in Becquerel, that is equal to, or more than, the
level specified in the item.
Minister means the Minister for Health and
Ageing.
radioactive source means radioactive
material that:
(a) is permanently sealed in a capsule or is
closely bonded in a solid form; or
(b) was permanently sealed in a capsule, or was
closely bonded in a solid form, until it was released as a result of leakage or
breakage.
(2) The
exportation from Australia of a high activity radioactive source is prohibited
unless:
(a) a permission in writing to export the
radioactive source has been granted by the Minister or an authorised officer;
and
(b) the permission is shown to a Collector.
(3) In deciding whether
to grant a permission, the Minister or authorised officer must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s international obligations.
(4) If, in relation to an application for a
permission to export a high activity radioactive source, an authorised officer
has formed an opinion that the permission should not be granted, the authorised
officer must refer the application to the Minister.
(5) If an application is referred to the Minister under
subregulation (4), the Minister may grant, or refuse to grant, the
permission.
(6) A permission
granted by the Minister or authorised officer may specify:
(a) conditions to be complied with by the holder
of the permission; and
(b) the time for compliance with a condition
mentioned
in paragraph (a) (which may be before or after the exportation of the
radioactive source to which the permission relates); and
(c) the quantity of the radioactive source that
may be exported; and
(d) the circumstances in which the radioactive
source may be exported.
(7) The Minister may, in writing, revoke or modify a
permission granted under this regulation if the Minister is satisfied, on
reasonable grounds, that:
(a) a condition of the permission has not been
complied with; or
(b) without the modification, a condition of the
permission is unlikely to be complied with; or
(c) permitting, or continuing to permit, the
exportation of
the radioactive source in accordance with the permission would breach
Australia’s international obligations or otherwise damage Australia’s
international relations.
Division 2 Drugs
and precursor substances
9A Definitions for Division 2
(1) In this Division:
1988 Convention has the same meaning as Convention
has
in the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances)
Act 1990.
active principle includes an active isomer or
a mixture of isomers of a drug.
authorised person means an officer of the
Department authorised in writing by the Secretary for the regulation in which
the expression appears.
Department means the Department administered
by the Minister administering the Therapeutic Goods Act 1989.
derivative means a substance chemically
derived from a drug or from which a drug may be regenerated, including a salt.
drug means a narcotic drug or a psychotropic
substance, including a chemical or compound and a plant or a part of a plant,
but not including a preparation that is a narcotic preparation within the
meaning of Schedule 3 to the Single Convention.
narcotic drug means a drug that is a drug for
the purposes of the Single Convention.
precursor substance
means a substance mentioned in Schedule 9.
psychotropic substance means a substance that
is a psychotropic substance for the purposes of the Psychotropic Substances
Convention, including a preparation within the meaning of that Convention.
Psychotropic Substances Convention means the
Convention on Psychotropic Substances that was adopted and opened for signature
at Vienna on 21 February 1971.
Schedule 8 drug means a drug mentioned in
Schedule 8.
Secretary means the Secretary to the
Department.
the Single Convention has the same meaning as
the Convention has in the Narcotic Drugs Act 1967.
(2) For this Division, an
item in Schedule 8 is taken to include the name, in addition to the name of the
drug specified in the item, of each substance that is a drug because it is:
(a) an active principle or derivative of the
drug the name of which is specified in the item; or
(b) a derivative of an active principle, the name
of which is specified in the item.
(3) For this Division, goods (including goods in the
form of a preparation, mixture or solution) that do not consist wholly of a
drug but consist in part of, or contain, a drug, are taken to consist of the
drug.
10 Exportation
of goods specified in Schedule 8 (drugs)
(1) The exportation from
Australia of a Schedule 8 drug is prohibited:
(a) unless:
(i) the drug is exported from
Australia by a licensed exporter; and
(ii) the
Secretary or an authorised person has, by an instrument in writing that is in
force, granted permission for the licensed exporter to export the drug to a
specified country; and
(iii) the drug is exported from
Australia within 3 months after the Secretary or an authorised person granted
the permission or within any further period allowed from time to time by the
Secretary or an authorised person and specified in the permission; and
(iv) the
drug is consigned to the country to which
the Secretary or an authorised person has, by the instrument, granted the
licensed exporter permission to export the drug; and
(v) the licensed exporter, if asked by
the Collector, produces the permission to the Collector; or
(b) unless the drug is exported from Australia
by a person on board a ship or aircraft, if the drug:
(i) is not a drug listed in Schedule
IV to the Single Convention; and
(ii) is required for the medical
treatment of the person or of another person under the care of the person; and
(iii) was prescribed by a medical
practitioner for that treatment; and
(iv) was supplied to the person in
accordance with the prescription of the medical practitioner mentioned in
subparagraph (iii); or
(c) unless the
drug is exported from Australia by a person on board a ship or aircraft, if the
drug:
(i) is not a drug listed in Schedule
IV to the Single Convention; and
(ii) is required for the medical
treatment of the person or of another person under the care of the person; and
(iii) is included in Schedule 2 or
Schedule 3 to the current Poisons Standard within the meaning of section 52A of
the Therapeutic Goods Act 1989; and
(iv) is
being exported in an amount that does not exceed:
(A) if the drug is a divided
dosage product (including tablets and capsules) and pseudoephedrine is the sole
active ingredient — 30 dosage units; or
(B) if the drug is a divided
dosage product (including tablets and capsules) and it contains pseudoephedrine
in combination with other active ingredients — 50 dosage units; or
(C) in any other case —
3 months supply of the recommended daily dosage of the drug; or
(d) unless the
drug is exported from Australia by a person on board a ship or aircraft, if the
drug:
(i) is not a drug listed in Schedule
IV to the Single Convention; and
(ii) is required for the medical
treatment of an animal that is being exported and is under the care of the
person; and
(iii) was prescribed by a veterinarian
for the treatment; and
(iv) was supplied to the person in
accordance with the prescription of the veterinarian mentioned in subparagraph
(iii); or
(e) unless the
drug is exported from Australia by a person on board a ship or aircraft if the
drug:
(i) is not a drug listed in Schedule
IV to the Single Convention; and
(ii) is required for the medical
treatment of an animal under the care of the person; and
(iii) is included in Schedule 2 or
Schedule 3 to the current Poisons Standard within the meaning of section 52A of
the Therapeutic Goods Act 1989; and
(iv) is being exported in an amount
that does not exceed:
(A) if the drug is a divided
dosage product (including tablets and capsules) and pseudoephedrine is the sole
active ingredient — 30 dosage units; or
(B) if the drug is a divided
dosage product (including tablets and capsules) and it contains pseudoephedrine
in combination with other active ingredients — 50 dosage units; or
(C) in any other case —
3 months supply of the recommended daily dosage of the drug; or
(f) unless the
drug is exported from Australia on a ship or aircraft if:
(i) the drug is not a drug listed in
Schedule IV to the Single Convention; and
(ii) the drug is for first‑aid or
emergency purposes during the ship’s voyage or the aircraft’s flight; and
(iii) the amount of the drug being
exported is consistent with the number of passengers and crew on board the ship
or aircraft and the duration of the voyage or flight; or
(g) unless the
drug is exported from Australia by a person on board a ship or aircraft if:
(i) the drug is not a drug listed in
Schedule IV to the Single Convention; and
(ii) the person is a medical practitioner,
nurse or paramedic; and
(iii) the person is exporting the drug
for providing emergency medical treatment to another person; and
(iv) the amount of the drug being
exported is consistent with the treatment of that other person.
(2) The exportation of a Schedule 8 drug from Australia
to another country by post is prohibited unless the Secretary or an authorised
person has, in the instrument granting a licensed exporter permission to export
the drug to the other country, or in another instrument in writing that is in
force, authorised the exportation of the drug by post to the other country.
(3) An application for a permission to export a
Schedule 8 drug:
(a) must be in writing; and
(b) must be lodged with the Secretary; and
(c) must state the country to which the drug is
to be exported; and
(d) for a drug specified in Part 1 or 2 of
Schedule 8 — must be accompanied by an authorisation from the appropriate
governmental authority of the country to which the drug is to be exported
authorising the importation of the drug into that country.
(4) If the Secretary or an authorised person refuses to
grant an application for a permission under subparagraph (1) (a) (ii)
or subregulation (2), the Secretary or authorised person must tell the licensed
exporter in writing.
10AA Drugs that may be exported — Ministerial
approval
The Minister administering the Therapeutic Goods
Act 1989 may, on the recommendation of the Secretary, by notice published
in the Gazette, approve the exportation from Australia of a Schedule 8
drug that is mentioned in, or included in a class of drugs mentioned in, the
notice.
10AB Exportation of goods specified in
Schedule 9 (precursor substances)
(1) The exportation from
Australia of a precursor substance mentioned in Part 1 of Schedule 9 is
prohibited unless:
(a) the substance is exported from Australia by
a licensed exporter; and
(b) the conditions mentioned in subregulation (4)
are met in relation to the export of the substance.
(2) The exportation from
Australia of more than 100 litres of a precursor substance mentioned in Part 2
of Schedule 9 is prohibited unless:
(a) the substance is exported from Australia by
a licensed exporter; and
(b) if the substance is to be exported to a
country mentioned in a notice under subregulation (3) — the conditions
mentioned in subregulation (4) are met in relation to the export of the
substance.
(3) The Secretary may publish in the Gazette a
notice listing countries for paragraph (2) (b).
(4) For subregulations
(1) and (2), the conditions are that:
(a) the licensed exporter has notified the
Secretary at least 5 days before the exporter intends to export the
substance; and
(b) the Secretary or an authorised person has
not, by an instrument in writing, notified the licensed exporter that the
licensed exporter cannot export the substance; and
(c) the substance is exported within 3 months
after the date when the notification mentioned in paragraph (a) was
received by the Secretary; and
(d) the amount of the substance is not greater
than the amount specified in the notification mentioned in paragraph (a);
and
(e) the substance is consigned to the country
specified in the notification mentioned in paragraph (a); and
(f) when requested by a Collector, the licensed
exporter produces the notification mentioned in paragraph (a) to the
Collector.
(5) A notification under
paragraph (4) (a) must:
(a) be in writing; and
(b) be in the form approved by the Secretary; and
(c) state:
(i) the country to which the substance
is to be exported; and
(ii) the quantity of the substance that
is to be exported.
10A Licensed exporters
(1) An application for
the grant of a licence to export a Schedule 8 drug, or an application for the
grant of a licence to export a precursor substance, must:
(a) be in writing; and
(b) be lodged with the Secretary.
(2) The Secretary or an authorised person may grant an
application for a licence to export a Schedule 8 drug only if the grant would
be consistent with the requirements mentioned in regulation 10C that are
appropriate to the drug.
(2A) The Secretary or an authorised person may grant an
application for a licence to export a precursor substance only if the
grant would be consistent with the requirements mentioned
in regulation 10CA that are appropriate to the precursor substance.
(3) A licence granted under subregulation (2) remains in
force for the period mentioned in the licence.
(4) However, the
Secretary or an authorised person may revoke a licence granted under
subregulation (2) if:
(a) the holder of the licence has failed to
comply with a condition of the licence; or
(b) it would not be consistent with the
requirements mentioned in regulation 10C that are appropriate to the drug to
which the licence relates for the licence to continue in force.
(4A) A licence granted under subregulation (2A) remains in
force for the period mentioned in the licence.
(4B) However, the Secretary
or an authorised person may revoke a licence granted under
subregulation (2A) if:
(a) the holder of the licence has failed to comply
with a condition of the licence; or
(b) it would not be consistent with the
requirements mentioned in regulation 10CA that are appropriate to the precursor
substance to which the licence relates for the licence to continue in force.
(5) If the Secretary or an authorised person refuses to
grant an application for a licence, he or she must notify the applicant in
writing accordingly.
(6) If the Secretary or an authorised person revokes a
licence, he or she must notify the holder of the licence in writing
accordingly.
10B Conditions of licences under regulation 10A
(1) A licence granted
under regulation 10A is subject to the following conditions:
(a) for each
Schedule 8 drug or each precursor substance exported by the exporter from
Australia, the licensed exporter must keep the following records:
(i) the date when the exporter exports
any quantity of the drug or precursor substance;
(ii) the quantity of the drug or
precursor substance the exporter exports on that date;
(iii) the export permit number for the
export of the drug or precursor substance;
(iv) the name and address of the person
to whom the drug or precursor substance is exported;
(b) the exporter must keep the records until the
Secretary or an authorised person approves the destruction of the records;
(c) the exporter must, if required to do so by
the Secretary, an authorised person or the CEO, at any reasonable time of the
day, produce the records for examination by, and permit extracts from or copies
of the records to be taken by an officer authorised by the Secretary, an
authorised person or the CEO;
(d) the exporter must, within 5 days after the
end of a report week, give to the Secretary a return setting out the
information mentioned in paragraph (a) for the report week;
(e) the exporter must, if required to do so by
the Secretary, an authorised person or the CEO, take any precautions necessary
to ensure that there is no danger of loss or theft of a drug or a precursor
substance in the exporter’s possession.
(2) The Secretary must, before the commencement of each
calendar year, by notice published in the Gazette, set out the periods
that are, for this regulation, report weeks for that year.
(3) The Secretary must, before 1 August 2002, by notice
published in the Gazette, set out the periods that are, for this
regulation, report weeks for the period beginning on 1 August 2002 and ending
on 31 December 2002.
(4) In this regulation:
report week means a week mentioned in a
notice under subregulation (2) or (3).
10C Requirements
appropriate to drugs
The requirements appropriate to drugs that are, or
are deemed to be, narcotic drugs are the requirements of the Single Convention
and the requirements appropriate to drugs that
are psychotropic substances are the requirements of the Psychotropic Substances
Convention.
10CA Requirements appropriate to precursor
substances
The requirements appropriate to precursor
substances are the requirements under the 1988 Convention that apply in respect
of the substances listed in Table II of the 1988 Convention.
10D Drugs deemed to be narcotic drugs
For the purposes of this Division, a drug that is
not a narcotic drug or a psychotropic substance shall be deemed to be a
substance specified in Schedule II to the Single Convention.
10E Exercise of powers by Secretary, CEO or
authorised person
The Secretary, an authorised person or the CEO, in
exercising a power or performing a function under regulation 10, 10AB, 10A or
10B must have regard only to those requirements mentioned in regulation 10C or
10CA that are appropriate.
10F Review
of decisions — exportation of Schedule 8 drugs and precursor substances
(1) Application may be
made to the Administrative Appeals Tribunal for review of a decision of the
Secretary or of an authorised person:
(a) not to grant a permission under subparagraph
10 (1) (a) (ii); or
(b) not to allow the export of a precursor
substance under paragraph 10AB (4) (b); or
(c) not to grant a licence under subregulation
10A (2) or (2A); or
(d) to revoke a licence under subregulation
10A (4) or (4B).
(2) Notice of a decision referred to in subregulation
(1) is to include a statement to the effect that:
(a) subject to the Administrative Appeals
Tribunal Act 1975, a person affected by the decision may make an
application to the Administrative Appeals Tribunal for review of the decision;
and
(b) a person whose interests are affected by the
decision may request a statement under section 28 of that Act.
(3) A failure to comply with subregulation (2) does not
affect the validity of the decision.
Division 3 Exportation
of goods to certain countries
13CH Exportation of paramilitary equipment to
Sierra Leone
(1) In this regulation:
authorised person means an officer of the
Department administered by the Foreign Minister authorised in writing by the
Foreign Minister to give permissions under this regulation.
(2) The exportation of paramilitary equipment (and spare
parts for paramilitary equipment) the immediate or final destination of which
is, or is intended to be, Sierra Leone is prohibited unless the written
permission of the Foreign Minister or an authorised person is produced to a
Collector at or before the time of exportation.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) When deciding whether to give permission under
subregulation (2), the Foreign Minister or the authorised person must take into
account:
(a) whether the
proposed importation into Sierra Leone is through a point of entry nominated by
the Government of Sierra Leone under paragraph 2 of Resolution 1171 (1998) of
the Security Council of the United Nations; and
(b) whether the importation is by the Government
of Sierra Leone; and
(c) whether the equipment or spare parts is or
are for the
use of the Military Observer Group of the Economic Community of West African
States, or the United Nations; and
(d) Australia’s relations with other countries;
and
(e) Australia’s obligations under international
law.
(4) A permission may be
expressed to be subject to conditions, including:
(a) the quantity of equipment or spare parts
that may be exported; and
(b) the circumstances in which the equipment or
spare parts may be exported; and
(c) the period of effect of the permission.
13CI Exportation of arms or related matériel to
Afghanistan
(1) In this regulation:
authorised person means an officer of the
Department administered by the Foreign Minister authorised in writing by the
Foreign Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which
is, or is intended to be, Afghanistan is prohibited unless the written
permission of the Foreign Minister or an authorised person is produced to a
Collector at or before the time of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted under subregulation (2) may
specify, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported;
and
(c) the circumstances in which goods may be
exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether to give permission under subregulation
(2), the Foreign Minister or an authorised person must take into account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CJ Exportation of acetic anhydride
The exportation of acetic anhydride the immediate
or final destination of which is, or is intended to be, Afghanistan is
prohibited absolutely.
13CK Exportation
of arms or related matériel to Liberia
(1) In this regulation:
authorised person means an officer of the Department
administered by the Foreign Minister authorised in writing by the Foreign
Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which is, or is intended
to be, Liberia is prohibited unless the written permission of the Foreign
Minister or an authorised person is shown to a Collector at or before the time
of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted under subregulation (2) may
state, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported;
and
(c) the circumstances in which goods may be
exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CL Exportation of arms or related matériel to
the Democratic Republic of the Congo
(1) In this regulation:
authorised person means an employee of the
Department of Foreign Affairs and Trade authorised in writing by the Foreign
Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which is, or is intended
to be, the Democratic Republic of the Congo is prohibited unless the written
permission of the Foreign Minister or an authorised person is shown to a
Collector at or before the time of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted under subregulation (2) may
state, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported; and
(c) the circumstances in which goods may be
exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CM Exportation of arms or related matériel to
Sudan
(1) In this regulation:
authorised person means an employee of the
Department of Foreign Affairs and Trade authorised in writing by the Foreign
Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which is, or is intended
to be, Sudan is prohibited unless the written permission of the Foreign
Minister or an authorised person is shown to a Collector at or before the time
of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as
indicated by the approved form.
(3) A permission granted under subregulation (2) may
state, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported;
and
(c) the circumstances in which goods may be
exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CN Exportation
of arms or related matériel to Cote d’Ivoire
(1) In this regulation:
authorised person means an employee of the
Department of Foreign Affairs and Trade authorised in writing by the Foreign
Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which is, or is intended
to be, Cote d’Ivoire is prohibited unless the written permission of the Foreign
Minister or an authorised person is shown to a Collector at or before the time
of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted under subregulation (2) may
state, in relation to the exportation of goods that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported;
and
(c) the circumstances in which goods may be
exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CO Exportation
of arms or related matériel to Democratic People’s Republic of Korea
(1) In this regulation:
authorised person means an officer of the
Department administered by the Foreign Minister authorised in writing by the
Foreign Minister to give permissions under this regulation.
luxury goods list means the luxury goods list
(if any) determined by the Foreign Minister under subregulation (5) (2) of the Charter
of the United Nations (Sanctions — Democratic People’s Republic of Korea)
Regulations 2008.
(2) The exportation of:
(a) arms or related matériel (other than goods
listed in
the defence and strategic goods list mentioned in regulation 13E); or
(b) goods that are capable of being used in the
development, production or stockpiling of nuclear, biological or chemical
weapons; or
(c) goods that are capable of being used in the
development or production of missiles that are capable of delivering nuclear,
biological or chemical weapons; or
(d) goods included on the luxury goods list;
the immediate or final destination of which is, or is intended to
be, the Democratic People’s Republic of Korea is prohibited unless the written
permission of the Foreign Minister or an authorised person is shown to a
Collector at or before the time of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted under subregulation (2) may
state, in relation to the exportation of the arms, related matériel or goods
that it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of the arms, related matériel or
goods that may be exported; and
(c) the circumstances in which the arms, related
matériel or goods may be exported.
(4) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of arms, related matériel or goods in accordance with
the permission would breach Australia’s international obligations or otherwise
damage Australia’s international relations.
(5) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CP Exportation of arms or related matériel to
Lebanon
(1) In this regulation:
authorised person means an employee of the
Department administered by the Foreign Minister authorised in writing by the
Foreign Minister to give permissions under this regulation.
(2) The exportation of arms or related matériel (other
than goods listed in the defence and strategic goods list mentioned in
regulation 13E) the immediate or final destination of which is, or is intended
to be, Lebanon is prohibited unless the written permission of the Foreign
Minister or an authorised person is shown to a Collector at or before the time
of exportation.
Note See regulation 13E in relation to
the export of goods listed in the defence and strategic goods list.
(2A) An application for the
written permission of the
Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission granted
under subregulation (2) may state, in relation to the exportation of goods that
it permits:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of goods that may be exported;
and
(c) the circumstances in which goods may be exported.
(4) The Foreign Minister
may revoke or modify a permission granted under subregulation (2) if the
Foreign Minister is satisfied on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
(5) When deciding whether
to give permission under subregulation (2), the Foreign Minister or an
authorised person must take into account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
13CQ Exportation
of certain goods to Iran
(1) In this regulation:
authorised person means an employee of the
Department administered by the Foreign Minister, authorised in writing by the
Foreign Minister to give permissions under this regulation.
listed goods means goods determined by the
Foreign Minister under subregulation 5 (2) of the Charter of the
United Nations (Sanctions —Iran) Regulations 2008 to be export
sanctioned goods.
(2) The exportation of listed goods, the immediate or
final destination of which is, or is intended to be, Iran is prohibited unless
the written permission of the Foreign Minister or an authorised person is shown
to a Collector at or before the time of exportation.
(2A) An application for the
written permission of the Foreign Minister or an authorised person mentioned in
subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the
approved form; and
(c) be signed as indicated by the approved form.
(3) A permission to export goods granted under subregulation
(2) may state, in relation to the exportation:
(a) conditions or requirements, including times
for compliance, to which the exportation is subject; and
(b) the quantity of the goods that may be
exported; and
(c) the circumstances in which the goods may be
exported.
(4) When deciding whether to give permission under
subregulation (2), the Foreign Minister or an authorised person must take into
account:
(a) Australia’s relations with other countries;
and
(b) Australia’s obligations under international
law.
(5) The Foreign Minister may revoke or modify a
permission granted under subregulation (2) if the Foreign Minister is satisfied
on reasonable grounds that:
(a) a condition or requirement of the permission
has not been complied with, or is unlikely to be complied with unless modified;
or
(b) permitting, or continuing to permit, the
exportation of goods in accordance with the permission would breach Australia’s
international obligations or otherwise damage Australia’s international
relations.
Division 4 Exportation
of goods related to finance, defence and environment
13D Exportation of counterfeit credit, debit
and charge cards
(1) The exportation from Australia of a counterfeit
credit, debit or charge card is prohibited unless:
(a) a permission in writing to export the card
has been given by the Minister; and
(b) the permission is produced to a Collector.
(2) A permission may specify:
(a) conditions or requirements to be complied
with by the holder of the permission; and
(b) when the holder of the permission must comply
with
a condition or requirement, whether before or after the exportation of the card
to which the permission relates.
(3) If the holder of a permission does not comply with a
condition or requirement (if any) of the permission, the Minister may, by
writing, revoke the permission.
(4) In this regulation:
Minister means the Minister administering the
Australian Federal Police Act 1979.
13E Exportation of certain goods
(1) In this regulation:
air security officer means a person who is
employed and trained by a foreign government to travel on an aircraft to
provide security for the aircraft and its passengers and crew, but does not
include a person who is employed to provide exclusive personal protection for 1
or more specific people travelling on the aircraft (for example, personal
bodyguards).
authorised officer means an officer
authorised in writing by the CEO to be an authorised officer for this
regulation.
authorised person
means a person authorised under subregulation (1A).
defence and strategic goods list means the
document:
(a) formulated and published under paragraph 112
(2A) (aa) of the Act by the Minister for Defence; and
(b) titled ‘The Defence and Strategic Goods List’
in the publication ‘Australian Controls on the Export of Defence and Strategic
Goods’; and
(c) dated November 1996;
as amended by the Minister and in force from time to time.
(1A) The Minister for Defence may authorise in writing:
(a) a person employed in the Department of
Defence; or
(b) for goods listed in Part 1 of the defence and
strategic goods list — an Officer of Customs;
to grant a licence or permission to export from Australia goods
listed in the defence and strategic goods list.
(1B) An authority given under subregulation (1A) may be:
(a) subject to conditions about the
circumstances in which goods are exported; and
(b) restricted to a number, type or category of
goods.
(2) The exportation from Australia of goods specified in
the defence and strategic goods list is prohibited unless:
(a) a licence in writing to export such of those
goods as are specified in the licence has been granted by the Minister for
Defence or by an authorised person, and the licence is produced to a Collector;
or
(b) a permission in writing to export such of
those goods as are specified in the permission has been granted by the Minister
for Defence or by an authorised person, and the permission is produced to a
Collector; or
(c) the goods:
(i) are goods the owner of which is
the defence force of any of the following countries:
(A) Brunei Darussalam;
(B) Canada;
(C) Malaysia;
(D) New Zealand;
(E) Papua New Guinea;
(F) the Kingdom of
Cambodia;
(G) the Kingdom of Thailand;
(H) the Republic of Fiji;
(I) the Republic of
Indonesia;
(J) the Republic of the
Philippines;
(K) the Republic of
Singapore;
(L) the United Kingdom;
(M) the United States of
America;
(N) Tonga;
(O) in the case of goods:
(I) that have
been imported into Australia from a country that is contributing to an
operational multinational force established by a United Nations Security
Council Resolution for the purpose of directly providing aid to East Timor; and
(II) that are
being exported to East Timor and are intended for use for the purposes of the
force;
the country that is
contributing to the force;
(P) in the case of goods:
(I) that have
been imported into Australia from East Timor; and
(II) that have
been used, or were intended for use, in East Timor for the purpose of an
operational multinational force established by a United Nations Security
Council Resolution for the purpose of directly providing aid to East Timor; and
(III) that
are being exported to a country that is contributing to the force;
the country that is
contributing to the force; and
(ii) have been imported into Australia
by:
(A) the defence force that
is the owner of the goods; or
(B) a member of that defence
force to whom the goods have been issued; and
(iii) are to be exported from Australia
by:
(A) the defence force that
is the owner of the goods; or
(B) a member of that defence
force to whom the goods have been issued; and
(iv) are specified in Part 1 (other than
item ML7) or Part 3 (other than items 1C350, 1C351, 1C352, 1C353, 1C354
and 1C450) of the defence and strategic goods list; or
(d) the goods:
(i) are goods the owner of which is:
(A) in the case of goods:
(I) that have
been imported into Australia from a country that
is contributing to an operational multinational force established by a United
Nations Security Council Resolution for the purpose of directly providing aid
to East Timor; and
(II) that are
being exported to East Timor and are intended for use for the purposes of the
force;
a police force of the
country that is contributing to the force; and
(B) in the case of goods:
(I) that have
been imported into Australia from East Timor; and
(II) that have
been used, or were intended for use, in East Timor for
the purposes of an operational multinational force established by a United
Nations Security Council Resolution for the purpose of directly providing aid
to East Timor; and
(III) that are
being exported to a country that is contributing to the force;
a police force of the
country that is contributing to the force; and
(ii) have been imported into Australia
by:
(A) the police force that is
the owner of the goods; or
(B) a member of that police
force to whom the goods have been issued; and
(iii) are to be exported from Australia
by:
(A) the police force that is
the owner of the goods; or
(B) a member of that police
force to whom the goods have been issued; and
(iv) are specified in item ML901a or
ML902 of Part 1 of the defence and strategic goods list; or
(e) the following
conditions are satisfied for the goods:
(i) the goods were last imported into
Australia on an aircraft by an air security officer while carrying out his or
her duties;
(ii) there
is an arrangement between the foreign government employing the air security
officer and the Government of Australia providing for the importation of the
goods into Australia on aircraft by air security officers;
(iii) immediately after the goods were
imported, the air security officer surrendered the goods to an authorised
officer for secure storage until the goods were to be exported in accordance
with subparagraph (iv);
(iv) within 3 months after the goods
were imported into Australia, the goods are exported from Australia.
(2A) An application for a licence or permission under
subregulation (2) to export goods mentioned in subregulation (2B) must be made
in writing at least 37 days before the proposed date of exportation.
(2B) The goods referred to in subregulation (2A) are goods
mentioned in the following items in the defence and strategic goods list:
(a) item ML7a (not being CW incapacitating
agents mentioned in Note 1.c or CW defoliants mentioned in Note 1.d);
(b) item ML7b;
(c) item 1C350.23;
(d) item 1C351.d.4;
(e) item 1C351.d.5.
(3) A licence or permission may state that its holder
must comply with conditions or requirements including:
(a) a time (before or after exporting goods) at
or before which the holder must comply with a condition or requirement;
(b) the circumstances in which goods may be
exported;
(c) the number, type or category of goods that
may be exported.
(4) A licence or permission granted under this
regulation may specify that the licence or permission may, subject to this
regulation, be surrendered in exchange for the granting to the holder of the
surrendered licence or permission of another licence or permission (or licences
or permissions) to export goods of the kind to which the surrendered licence or
permission relates.
(5) A licence or permission may not be surrendered in
accordance with subregulation (4) except with the consent in writing of the
Minister for Defence or an authorised person.
(6) Where, in relation to
any goods to which this regulation relates:
(a) the Minister for Defence or an authorised
person grants
a licence or permission (or 2 or more licences or permissions) in exchange for
a surrendered licence or permission; and
(b) the surrendered licence or permission
specifies conditions or requirements to be complied with by the holder of that
licence or permission;
the licence or permission (or licences or permissions) so granted
may:
(c) omit any goods included in the surrendered
licence or permission;
(d) include additional goods, being goods to
which this regulation relates; and
(e) vary or modify any condition or requirement.
(7) The Minister for Defence may revoke a licence or
permission granted under this regulation if the holder of the licence or
permission has failed to comply with a condition or requirement specified in
the licence or permission.
13F Exportation of ozone‑depleting
substances and synthetic greenhouse gases
(1) The exportation from Australia (except to an
external Territory) of a substance mentioned in column 2 of an item in Schedule
15 is prohibited.
(2) Subregulation (1) does not apply if a
licence to export the substance has been granted under section 16 of the Ozone
Protection and Synthetic Greenhouse Gas Management Act 1989 and the
licence, or a copy of the licence, is produced to a Collector.
Note The exportation of HBFC is prohibited
absolutely: see subregulation (5).
(3) Subregulation (1)
does not apply to a substance that is:
(a) contained in goods that will use the
substance in the operation of the goods (for example, an aerosol spray device);
or
(b) present in goods because the substance was
used in the manufacturing process for the goods.
(4) Subregulation (1) does not apply to a CFC, HCFC
or SGG in relation to which all of the following conditions are satisfied:
(a) the CFC, HCFC or SGG is on board a ship or
aircraft;
(b) the ship or aircraft has air conditioning or
refrigeration equipment;
(c) the CFC, HCFC or SGG is exclusively for use
in meeting the reasonable servicing requirements of that equipment during, or
in connection with, 1 or more periods when the ship or aircraft is or will be
engaged in a journey between:
(i) a place in Australia and a place
outside Australia; or
(ii) 2 places outside Australia.
(5) The exportation (except to an external Territory) of
HBFC is prohibited absolutely.
13G Exportation of radioactive waste
(1) On and after 1 January 2000, the
exportation from Australia to a Pacific Island Developing Country of
radioactive waste is prohibited unless a permission in writing, given by the
Minister or by an authorised person, for the exportation of the waste is
produced to a Collector at or before the time of exportation.
(2) In deciding whether to give a permission
under subregulation (1), the Minister, or the authorised person, must take into
account the international obligations of Australia.
(3) In this regulation:
authorised person means a person authorised
in writing by the Minister to give a permission under subregulation (1).
Minister means the Minister for Industry,
Tourism and Resources.
Pacific Island
Developing Country means any of the following countries:
(a) Cook Islands;
(b) Fiji;
(c) Kiribati;
(d) Marshall Islands, Republic of;
(e) Micronesia, Federated States of;
(f) Nauru;
(g) Niue;
(h) Palau, Republic of;
(i) Papua New Guinea;
(j) Solomon Islands;
(k) Tonga;
(l) Tuvalu;
(m) Vanuatu;
(n) Western Samoa.
radioactive waste means waste consisting of
material that emits ionising radiation as a result of the spontaneous
transformation of the nucleus of the atom but does not include material that
has an activity concentration below 1 Becquerel per gram or an activity below
1000 Becquerel.
Division 5 Devices
and documents relating to suicide
13GA Exportation of devices and documents relating
to suicide
(1) The exportation of a device designed or customised
to be
used by a person to commit suicide, or to be used by a person to assist another
person to commit suicide, is prohibited absolutely.
(2) The exportation of
the following documents is prohibited absolutely:
(a) a document that promotes the use of a device
mentioned in subregulation (1);
(b) a document that counsels or incites a person
to commit suicide using one of those devices;
(c) a document that instructs a person how to
commit suicide using one of those devices.
Part 4 Miscellaneous
13H Certain applications to be referred
(1) If, in relation to an application for:
(a) a permission under subregulation 9 (3), 13CA
(2),
13CB (1), 13CH (2) or 13G (1); or
(b) an approval under regulation 11; or
(c) a licence or permission under subregulation
13E (2);
to export goods from Australia, an authorised person is of the
opinion that the approval, licence or permission, as the case may be, should
not be granted or issued, the authorised person must refer the application to
the relevant Minister.
(2) On an application being referred to the relevant
Minister, he or she must:
(a) grant or issue; or
(b) refuse to grant or issue;
the approval, licence or permission.
(3) This regulation does not affect the power of the
relevant Minister or an authorised person to grant:
(a) a permission under subregulation 9 (3), 13CA
(2),
13CB (1) or 13CH (2); or
(b) a permission or licence under subregulation
13E (2);
subject to conditions or requirements.
(4) In this regulation, relevant Minister
means:
(a) in relation to an application for a licence
or permission under subregulation 13E (2) — the Minister for Defence; or
(b) in relation to an application for a
permission under subregulation 13CA (2), 13CB (1) or 13CH (2) — the
Foreign Minister; or
(c) in relation to an application for a
permission under subregulation 9 (3) — the Minister for Industry, Tourism
and Resources;
(d) for an application under subregulation 13G
(1) — the Minister for Industry, Tourism and Resources.
(5) Subregulation (1) does not apply to an authorised
person who is a relevant Minister.
14 Regulations do not derogate from any
other law
The provisions of these Regulations are in addition
to, and do not derogate from the operation of, any other law of the
Commonwealth relating to the exportation of goods.