Part 1
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Commonwealth legislation
These Regulations make it unlawful to export many specified categories of goods unless a named Minister, Secretary or authorised officer grants a written permission, licence, permit or certificate and that instrument is produced to a Customs Collector. Covered items include objectionable publications, asbestos and listed chemicals (including mercury), controlled drugs and precursors, defence and strategic goods and arms to certain countries, radioactive material, some animal products, rough diamonds, SSAN, and LNG during declared shortfall quarters.
They assign decision‑making to multiple Ministers and authorised officers, create record‑keeping and notification duties for exporters, allow conditions and revocation of permissions, and provide internal and tribunal review routes (see regs 3; 4A; 10; 13E; 13GC).
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Direct links to the current provisions in Customs (Prohibited Exports) Regulations 1958.
These Regulations are the Customs (Prohibited Exports) Regulations 1958.
(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 has the same meaning as in the Work Health and Safety Regulations 2011.
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.
defence and strategic goods list means the document:
(a) formulated by the Defence Minister, and published, as mentioned in paragraph 112(2A)(aa) of the Act; and
(b) known as the Defence and Strategic Goods List;
as amended by the Defence Minister and in force from time to time.
DSGL technology has the meaning given by the Defence Trade Controls Act 2012.
Foreign Department means the Department administered by the Foreign Minister.
Foreign Minister means the Minister for Foreign Affairs.
Foreign Secretary means the Secretary of the Foreign Department.
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.
mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non‑Minamata Convention mercury.
non‑Minamata Convention mercury means any of the following:
(a) research mercury;
(b) naturally occurring trace quantities of mercury present in:
(i) products such as non‑mercury metals, ores or mineral products (including coal); or
(ii) products derived from the products mentioned in subparagraph (i);
(c) unintentional trace quantities of mercury in chemical products.
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).
poppy straw means any part (other than the seeds) of either of the following:
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
research mercury means mercury to be used for laboratory‑scale research or as a reference standard.
reviewable defence and strategic goods decision: see regulation 13EE.
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.
the Act means the Customs Act 1901.
Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.
(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.
(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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Customs (Prohibited Exports) Regulations 1958.
(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 has the same meaning as in the Work Health and Safety Regulations 2011.
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.
defence and strategic goods list means the document:
(a) formulated by the Defence Minister, and published, as mentioned in paragraph 112(2A)(aa) of the Act; and
(b) known as the Defence and Strategic Goods List;
as amended by the Defence Minister and in force from time to time.
DSGL technology has the meaning given by the Defence Trade Controls Act 2012.
Foreign Department means the Department administered by the Foreign Minister.
Foreign Minister means the Minister for Foreign Affairs.
Foreign Secretary means the Secretary of the Foreign Department.
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.
mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non‑Minamata Convention mercury.
non‑Minamata Convention mercury means any of the following:
(a) research mercury;
(b) naturally occurring trace quantities of mercury present in:
(i) products such as non‑mercury metals, ores or mineral products (including coal); or
(ii) products derived from the products mentioned in subparagraph (i);
(c) unintentional trace quantities of mercury in chemical products.
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).
poppy straw means any part (other than the seeds) of either of the following:
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
research mercury means mercury to be used for laboratory‑scale research or as a reference standard.
reviewable defence and strategic goods decision: see regulation 13EE.
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.
the Act means the Customs Act 1901.
Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.
(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.
(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.
These Regulations are the Customs (Prohibited Exports) Regulations 1958.
(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 has the same meaning as in the Work Health and Safety Regulations 2011.
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.
defence and strategic goods list means the document:
(a) formulated by the Defence Minister, and published, as mentioned in paragraph 112(2A)(aa) of the Act; and
(b) known as the Defence and Strategic Goods List;
as amended by the Defence Minister and in force from time to time.
DSGL technology has the meaning given by the Defence Trade Controls Act 2012.
Foreign Department means the Department administered by the Foreign Minister.
Foreign Minister means the Minister for Foreign Affairs.
Foreign Secretary means the Secretary of the Foreign Department.
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.
mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non‑Minamata Convention mercury.
non‑Minamata Convention mercury means any of the following:
(a) research mercury;
(b) naturally occurring trace quantities of mercury present in:
(i) products such as non‑mercury metals, ores or mineral products (including coal); or
(ii) products derived from the products mentioned in subparagraph (i);
(c) unintentional trace quantities of mercury in chemical products.
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).
poppy straw means any part (other than the seeds) of either of the following:
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
research mercury means mercury to be used for laboratory‑scale research or as a reference standard.
reviewable defence and strategic goods decision: see regulation 13EE.
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.
the Act means the Customs Act 1901.
Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.
(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.
(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.
(1) In this regulation:
authorised person means a person appointed to be an authorised person under subregulation (3).
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.
responsible Minister means the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995.
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 (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. (2AA) Without limiting subregulation (2), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995. (2AB) Without limiting subregulation (2), this regulation also applies to goods that: (a) are or contain violent extremist material (within the meaning of the Criminal Code); or (b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code). (2A) For paragraph (2)(f), publications and any other goods advocate the doing of a terrorist act if they: (a) directly or indirectly counsel, promote, encourage 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 substantial 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 responsible Minister 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) a written permission to export the goods has been given by the responsible Minister or an authorised person; or (b) the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution); or (c) the goods are covered by paragraph (2AB)(a) or (b) and are being exported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code. (5) In considering whether to give a permission, the responsible Minister 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 responsible Minister 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 Review Tribunal for review of a decision of the responsible Minister 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 responsible Minister may certify in writing that in his or
This is an opening excerpt, not the complete document.