CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1988 NO. 65 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1988 NO. 65 - TABLE OF PROVISIONS 1. Principal Regulations 2. 3. Second Schedule 1988 No. 65 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Customs (Prohibited Exports) Regulations. 1988 No. 65 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 2 2. After regulation 5 of the Principal Regulations the following regulation is inserted: Exportation of coffee "6. (1) In this regulation, unless the contrary intention appears: 'Agreement' means the International Coffee Agreement 1983 made in London on 16 September 1982, to which Australia acceded on 30 September 1983 and which entered provisionally into force on 1 October 1983, and includes rules made under that Agreement by the Council; 'authorised person' means a person who is authorised in writing by the Minister to grant permission for the exportation of coffee under subparagraph (4) (a) (ii); 'coffee' means the beans and cherries of the coffee tree, whether parchment, green or roasted, and includes ground, decaffeinated, liquid and soluble coffee; 'Council' means the International Coffee Council established by the Agreement; 'dried coffee cherry' means the dried fruit of the coffee tree; 'green coffee' means all coffee in the naked bean form before roasting; 'liquid coffee' means the water-soluble solids derived from roasted coffee and put into liquid form; 'Minister' means the Minister of State for Primary Industries and Energy; 'parchment coffee' means the green coffee bean contained in the parchment skin; 'roasted coffee' means green coffee roasted to any degree and includes ground coffee; 'soluble coffee' means the dried water-soluble solids derived from roasted coffee. "(2) The Minister may, by notice published in the Gazette, give notice: (a) that quotas are in operation under the Agreement; or (b) that a notice given under paragraph (a) is revoked on the ground that quotas have ceased to be in operation under the Agreement. "(3) During a period when notice has been given under paragraph (2) (a) and has not been revoked under paragraph (2) (b), the exportation of coffee otherwise than in accordance with subregulation (4) is prohibited. "(4) Coffee may be exported during a period mentioned in subregulation (3): (a) if there is produced to the Collector in respect of the coffee to be exported: (i) a certificate valid under the Agreement for the exportation of the coffee from Australia; or (ii) permission in writing granted by the Minister or by an authorised person for the exportation of the coffee; (b) if the quantity of coffee to be exported does not exceed in the case of: (i) dried coffee cherry-120 kilograms; (ii) green coffee-60 kilograms; (iii) liquid coffee-23 kilograms; (iv) parchment coffee-75 kilograms; (v) roasted coffee-50.4 kilograms; (vi) soluble coffee-23 kilograms; or, in the case of an exportation of any 2 or more of those forms of coffee, the equivalent of 60 kilograms of green coffee calculated on the basis that the quantities of coffee set out in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) are equivalent to each other; or (c) if the coffee is exported in accordance with an approval granted under subsection 129 (1) of the Act. "(5) A permission granted under subparagraph (4) (a) (ii) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder. "(6) Where, in relation to an application for permission under subparagraph (4) (a) (ii) for the exportation of coffee from Australia, an authorised person has formed an opinion that the permission should not be granted, the authorised person shall refer the application to the Minister. "(7) Where an application has been referred to the Minister under subregulation (6), the Minister may grant, or refuse to grant, the permission. "(8) In giving notice under subregulation (2), or granting or refusing a permission under this regulation, the Minister, and (where applicable) an authorised person, shall have regard to the relevant provisions of the Agreement and to relevant decisions made from time to time by the Council under the Agreement.". 1988 No. 65 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 3 Second Schedule 3. The Second Schedule to the Principal Regulations is amended by omitting item 3A. - NOTES 1988 No. 65*1* CUSTOMS (PROHIBITED EXPORTS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 29 April 1988. *2* Statutory Rules 1958 No. 5 as amended by 1959 No. 5; 1961 Nos. 16 and 112; 1963 Nos. 129 and 130; 1964 No. 144; 1965 No. 136; 1966 Nos. 70 and 75; 1967 Nos. 42, 59 and 123; 1968 Nos. 46, 83, 101, 153, 160 and 162; 1696 Nos. 11, 21, 22 and 219; 1970 Nos. 34, 68, 89, 106 and 121; 1972 No. 210; 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974 Nos. 46, 157, 178 and 250; 1975 Nos. 19, 44, 45, 173 and 224; 1976 Nos. 169 and 233; 1977 No. 89; 1978 Nos. 14, 58, 59 and 277; 1979 Nos. 160 and 237; 1980 Nos. 21, 61, 72, 76, 82, 99, 110, 212, 273, 358, 381 and 383; 1981 Nos. 49, 72, 86, 149, 225, 251 and 324; 1982 Nos. 169, 171 and 310; 1983 No. 272; 1984 Nos. 35, 63, 191, 262, 263 and 316; 1985 Nos. 1, 68, 138 and 378; 1986 Nos. 76, 89, 177, 178, 328, 364, 365, 366 and 388; 1987 Nos. 97, 115, 156, 176, 301, 317, 318 and 319.