Customs (Prohibited Exports) Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 15
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.
Dated 25 February 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
BRENDAN O’CONNOR
Minister for Home Affairs
1              Name of Regulations
                These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2010 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Customs (Prohibited Exports) Regulations 1958
                Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958.
Schedule 1        Amendment
(regulation 3)
 
[1]           After regulation 13CQ
insert in Division 3
13CR      Exportation of certain goods to Eritrea
         (1)   In this regulation:
authorised person means a person authorised under subregulation (8).
defence and strategic goods list has the same meaning as in regulation 13E.
         (2)   This regulation applies to goods that are arms or related matériel:
                (a)    not listed in the defence and strategic goods list; and
               (b)    whose immediate or final destination is, or is intended to be, Eritrea.
         (3)   Exportation of the goods 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.
         (4)   An application for the permission of the Foreign Minister or an authorised person under subregulation (3) 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.
         (5)   A permission to export goods granted under subregulation (3) 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.
         (6)   When deciding whether to give permission under subregulation (3), 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.
         (7)   The Foreign Minister may revoke or modify a permission granted under subregulation (3) 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.
         (8)   The Foreign Minister may authorise an employee of the Department administered by the Foreign Minister to give permissions under this regulation.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.