CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1989 NO. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) 1989 NO. 59 - TABLE OF PROVISIONS 1. Commencement 2. Principal Regulations 3. Exportation of certain goods 4. Repeal of regulations 13F and 13G 5. Reference to Minister for purposes of regulation 13D or 13E 6. Repeal of Schedule 16 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 1 Commencement 1. These Regulations commence on 23 May 1989. 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 2 Principal Regulations 2. In these Regulations, "Principal Regulations" means the Customs (Prohibited Exports) Regulations. 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 3 Exportation of certain goods 3. Regulation 13E of the Principal Regulations is amended: (a) by omitting from subregulation (1) all words after "to grant" and substituting "a licence or a permission, for the purposes of these Regulations, to export from Australia all or any of the goods referred to in subregulation (2)"; (b) by omitting subregulation (2) and substituting the following subregulation: "(2) The exportation from Australia of goods specified in the notice published by the Minister of State for Defence in Gazette No. P6 dated 23 March 1989 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 of State for Defence or, subject to regulation 13H, 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 of State for Defence or, subject to regulation 13H, by an authorised person, and the permission is produced to a Collector."; (c) by omitting from subregulation (3) all words from and including "(3) A permission" to and including "by that Minister or an authorised person" and substituting: "(3) A licence or permission to export goods under subregulation (2) shall be granted subject to compliance by the holder of the licence or permission with the following conditions in relation to the exportation of the goods: (a) that, where a person is specified in the licence or permission as the consignee in relation to the exportation of the goods, the goods are exported to that person; (b) that, where a country is specified in the licence or permission in relation to the exportation of the goods, the goods are exported to that country; (c) that the holder will, if so required by the Minister of State for Defence or an authorised person, before or after the exportation of the goods as that Minister or an authorised person directs: (i) obtain from the consignee and deliver to that Minister or an authorised person; or (ii) give to that Minister or an authorised person; as that Minister or authorised person in a particular case requires, an undertaking that the consignee will not: (iii) re-export the goods from any country specified in the licence or permission to another country; or (iv) dispose of a property interest in the goods, whether by sale, lease or otherwise, or in any way relinquish possession or control of the goods; unless approval in writing to that re-exportation, disposal or relinquishment is granted by that Minister or an authorised person;"; (d) by inserting after subregulation (3) the following subregulations: "(3A) In addition to the conditions under subregulation (3), a licence or permission to export goods shall be granted subject to compliance by the holder of the licence or permission with any other conditions specified in the licence or permission in relation to the exportation of the goodsin the licence or permission. "(3B) Where the granting of a licence or permission to export goods is subject to compliance with a condition under this regulation by the holder of the licence or permission, the condition shall apply, insofar as applicable, at the time the goods are exported and before and after that time. "(3C) In addition to any other condition under this regulation, a permission to export goods shall be granted subject to compliance by the holder of the permission with the condition that the goods are exported from Australia within the period of 6 months immediately after the Minister of State for Defence or an authorised person has granted the permission, or such other period as is specified in the permission. goods is subject to compliance with a condition under this regulation by the holder of the licence or permission, the condition shall apply, insofar as applicable, at the time the goods are exported and before and after that time. "(3D) A licence may be issued for a period specified in the licence, or without any limitation as to time."; (e) by inserting in subregulation (7) "licence or" before "permission" (wherever occurring). 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 4 Repeal of regulations 13F and 13G 4. Regulations 13F and 13G of the Principal Regulations are repealed. 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 5 Reference to Minister for purposes of regulation 13D or 13E 5. Regulation 13H of the Principal Regulations is amended: (a) by omitting from subregulation (1) "or 13E (2)" and substituting "or for a licence or permission under subregulation 13E (2)"; (b) by omitting from subregulation (1) "the permission" and substituting "the licence or permission"; (c) by omitting from subregulation (2) "the permission" and substituting "the licence or permission"; (d) by omitting from subregulation (3) "under regulation 13D or 13E to grant a permission" and substituting "under regulation 13D to grant a permission or under regulation 13E to grant a licence or permission"; (e) by omitting from paragraph (4) (b) "a permission" and substituting "a licence or permission". 1989 No. 59 CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT) - REG 6 Repeal of Schedule 16 6. Schedule 16 to the Principal Regulations is repealed. - NOTES 1989 No. 59*1* CUSTOMS (PROHIBITED EXPORTS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 17 April 1989. *2* Statutory Rules 1958 No. 5 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 57 and see also Statutory Rules 1989 No. 57.