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CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 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).

Article 3(1) US Defence Articles has the meaning given by section 5 of the Defence Trade Controls Act 2012 .

Article 3(3) US Defence Articles has the meaning given by section 5 of the Defence Trade Controls Act 2012 .

"Australian Community member " has the meaning given by subsection 4(1) of the Defence Trade Controls Act 2012 .

"Australian Defence Articles " has the meaning given by section 4 of the Defence Trade Controls Regulation 2013 .

"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.

"Defense Trade Cooperation Treaty " has the meaning given by subsection 4(1) of the Defence Trade Controls Act 2012 .

          (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; or

                      (f)  both of the following conditions are satisfied for the goods:

                              (i)  the goods are Article 3(1) US Defence Articles, Article 3(3) US Defence Articles or Australian Defence Articles;

                             (ii)  the goods are to be exported from Australia by an Australian Community member for one or more of the activities mentioned in paragraphs (a) to (d) of Article 3(1) of the Defense Trade Cooperation Treaty.

          (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.



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