CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13E Exportation of defence and strategic goods--general
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 13E
Exportation of defence and strategic goods--general(1) The exportation from Australia of the following goods is prohibited, subject to this Division:
(a) goods specified in the defence and strategic goods list;
(b) goods containing DSGL technology.
Note: See regulation 13EA for exceptions. Permission under subregulation (2) of this regulation is not required for the exportation of goods covered by those exceptions.
Exportation with permission
(2) The exportation of goods is not prohibited under subregulation (1) if all of the following conditions are satisfied:
(a) the Defence Minister has granted permission under this regulation for the exportation of the goods;
(b) for goods containing DSGL technology--the permission is expressed to cover the DSGL technology;
(c) the exportation of the goods is in accordance with the terms of the permission;
(d) the permission is produced to a Collector.
Decision on application for permission
(3) If a person (the applicant ) makes an application for permission to export goods in accordance with regulation 13EB, the Defence Minister must:
(a) consider whether to grant the permission sought; and
(i) grant the permission, by notice in writing to the applicant; or
(ii) refuse to grant the permission, by notice in writing to the applicant giving reasons for refusal.
Note: See regulation 13EG for how notices must be given, and when they are taken to be received.
Criteria for granting permission
(4) The Defence Minister may only grant permission to the applicant if satisfied that the export of the goods, or of any DSGL technology contained in the goods, would not prejudice the security, defence or international relations of Australia, having regard to the following matters:
(a) the criteria set out in the following table;
(b) any other matters the Defence Minister considers appropriate.
Criteria for permissions | |
Item | Criterion |
1 | The risk that the goods or the DSGL technology may go to, or become available to, a country upon which the Security Council of the United Nations or Australia has imposed a sanction |
2 | The risk that the goods or the DSGL technology may go to, or become available to, a country where they may be used in a way contrary to Australia's international obligations or commitments |
3 | The risk that the goods or the DSGL technology may be used to commit or facilitate serious abuses of human rights |
4 | Whether the export of the goods or the DSGL technology: (a) may aggravate: (i) an existing threat to international peace and security or to the peace and security of a region; or (ii) a particular event or conflict of concern to Australia; or (b) may otherwise contribute to political instability internationally or in a particular region |
5 | Whether the goods or the DSGL technology may: (a) be used for conflict within a country or for international conflict by a country; or (b) further militarise conflict within a country |
6 | Whether the export of the goods or the DSGL technology may compromise or adversely affect Australia's defence or security interests, its obligations to its allies or its international obligations and responsibilities |
7 | Whether the goods or the DSGL technology may go to, or become available to, a country that has policies or strategic interests that are inconsistent with the policies and strategic interests of Australia or its allies |
8 | The risk that the export of the goods or the DSGL technology may: (a) adversely affect Australia's military capability; or (b) substantially compromise an Australian defence operation; or (c) increase the military capability of a country that is a potential adversary of Australia |
9 | The risk that the goods or the DSGL technology may go to, or become available to, a country: (a) that is developing, or is reasonably suspected of developing: (i) weapons that may be capable of causing mass destruction; or (ii) the means of delivering such weapons; or (b) that supports, or is reasonably suspected of supporting, terrorism; or (c) whose actions or foreign policies pose a risk of major disruption in global stability or the stability of a particular region |
10 | Whether the export of the goods or the DSGL technology may lead to a reaction by another country that may damage Australia's interests or relations with the other country or with a particular region |
11 | Whether the goods or the DSGL technology may be used for mercenary activities or a terrorist or other criminal activity |
12 | Whether preventing the export of the goods or the DSGL technology may have an adverse effect on Australian industry, trade and economic prosperity to the extent that it may adversely affect the security, defence or international relations of Australia |
Terms and conditions of permission
(5) A permission may specify the terms subject to which the permission is granted, including any or all of the following (without limitation):
(a) the type and amount of goods that may be exported;
(b) the persons to whom the goods may be exported;
(c) the overseas countries to which the goods may be exported;
(d) the number of shipments of the goods that may be exported;
(e) the period during which the goods may be exported.
(6) A permission may be granted subject to any conditions stated in the permission, including (without limitation) conditions relating to the circumstances in which goods may be exported.
Note: Regulation 13EC deals with changing permission conditions.