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This is a Bill, not an Act. For current law, see the Acts databases.
CUSTOMS AMENDMENT (MILITARY END-USE) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Military End-Use)
Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
i Customs Amendment (Military End-Use) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Customs Act 1901
3
Customs Amendment (Military End-Use) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Military
5
End-Use) Act 2011.
6
2 Commencement
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This Act commences on the day after this Act receives the Royal
8
Assent.
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3 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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2 Customs Amendment (Military End-Use) Bill 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Customs Amendment (Military End-Use) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Customs Act 1901
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1 After Division 1 of Part VI
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Insert:
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Division 1AA--Export of goods for a military end-use
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112BA Notice prohibiting export
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(1)
If:
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(a) the Defence Minister suspects that, if a person (the first
9
person) were to export particular goods to a particular place
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or to a particular person, the goods would or may be for a
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military end-use that would prejudice the security, defence or
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international relations of Australia; and
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(b) the goods are not prohibited exports under section 112;
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the Defence Minister may give the first person a notice prohibiting
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the first person from exporting the goods to the particular place or
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particular person.
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Note:
Section 112BB deals with giving notices under this section.
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Reasons for notice
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(2) A notice given to a person under subsection (1) must set out the
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Defence Minister's reasons for giving the notice.
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(3) The notice must not disclose any reasons whose disclosure the
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Defence Minister believes would prejudice the security, defence or
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international relations of Australia.
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(4) If reasons are not disclosed in a notice under subsection (1)
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because of subsection (3), that fact must be stated in the notice.
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Period notice in force
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(5) A notice given to a person under subsection (1) comes into force at
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the time the person receives the notice. This subsection is subject
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to subsection (7).
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Schedule 1 Amendments
4 Customs Amendment (Military End-Use) Bill 2011 No. , 2011
(6) A notice given to a person under subsection (1) remains in force
1
for the period specified in, or worked out in accordance with, the
2
notice (which must not be more than 12 months), unless revoked
3
earlier.
4
Later notices
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(7) A notice may be given to a person under subsection (1) while an
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earlier notice given to the person under subsection (1) is in force.
7
The later notice may be expressed to come into force at the time
8
the earlier notice ceases to be in force.
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(8) Subsection (7) does not prevent a notice being given to a person
10
under subsection (1) after an earlier notice given to the person
11
under subsection (1) ceases to be in force.
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Notice not a legislative instrument
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(9) A notice under subsection (1) is not a legislative instrument.
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Revoking a notice
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(10) The Defence Minister may, by writing, revoke a notice given to a
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person under subsection (1).
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(11) The Defence Minister must give the person notice of the
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revocation. The revocation takes effect at the time the person
19
receives the notice.
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Note:
Section 112BB deals with giving notices under this section.
21
Offence
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(12) A person commits an offence if:
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(a) the person exports goods to a particular place or particular
24
person; and
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(b) the export contravenes a notice that is in force under
26
subsection (1); and
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(c) the person knows of the contravention.
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Penalty: Imprisonment for 10 years or 2,500 penalty units, or
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both.
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Amendments Schedule 1
Customs Amendment (Military End-Use) Bill 2011 No. , 2011 5
Definition
1
(13) In this section:
2
military end-use: goods are or may be for a military end-use if the
3
goods are or may be for use in operations, exercises or other
4
activities conducted by an armed force or an armed group, whether
5
or not the armed force or armed group forms part of the armed
6
forces of the government of a foreign country.
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112BB How notices are to be given
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(1) A notice given to a person under section 112BA must be given by
9
one of the methods prescribed by the regulations.
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(2) If a notice is given to a person under section 112BA by one of
11
those methods, then, for the purposes of this Act, the person is
12
taken to have received the notice at the time prescribed by, or
13
worked out in accordance with, the regulations.
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(3) This section has effect despite any provision in the Electronic
15
Transactions Act 1999.
16
2 Subsection 183UA(1) (definition of special forfeited goods)
17
Omit "or (n)", substitute ", (n) or (na)".
18
3 After paragraph 229(1)(n)
19
Insert:
20
(na) All goods that are the subject of a notice under subsection
21
112BA(1) and are put on any ship or aircraft for export or are
22
brought to any wharf or place for the purpose of export.
23