s 1Name of Regulations
These Regulations are the Customs (Prohibited Exports) Regulations 1958.
These Regulations are the Customs (Prohibited Exports) Regulations 1958.
In these Regulations, unless the contrary intention appears:
American Petroleum Institute 610 Standards means the document of that title:
published by the American Petroleum Institute; and
in force on the day on which Part 2 of Schedule 14A commences.
American Society of Mechanical Engineers 1 Standards means the document of that title:
published by the American Society of Mechanical Engineers; and
in force on the day on which Part 2 of Schedule 14A commences.
American Society of Mechanical Engineers 8 Standards means the document of that title:
published by the American Society of Mechanical Engineers; and
in force on the day on which Part 2 of Schedule 14A commences.
arms or related matériel includes:
weapons; and
ammunition; and
military vehicles and equipment; and
paramilitary equipment; and
spare parts for the things mentioned in paragraphs (a) to (c).
asbestos has the same meaning as in the Work Health and Safety Regulations 2011.
CAS Registry Number, in relation to a chemical mentioned in Schedule 2, means the registry number:
assigned to the chemical by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and
published by the Service in the journal Chemical Abstracts.
defence and strategic goods list means the document:
formulated by the Defence Minister, and published, as mentioned in paragraph 112(2A)(aa) of the Act; and
known as the Defence and Strategic Goods List;
as amended by the Defence Minister and in force from time to time.
DSGL technology has the meaning given by the Defence Trade Controls Act 2012.
Foreign Department means the Department administered by the Foreign Minister.
Foreign Minister means the Minister for Foreign Affairs.
Foreign Secretary means the Secretary of the Foreign Department.
human embryo clone has the meaning given by section 8 of the Prohibition of Human Cloning for Reproduction Act 2002.
licensed exporter means a person who holds a licence granted under regulation 10A, being a licence that is in force.
mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non‑Minamata Convention mercury.
non‑Minamata Convention mercury means any of the following:
research mercury;
naturally occurring trace quantities of mercury present in:
products such as non‑mercury metals, ores or mineral products (including coal); or
products derived from the products mentioned in subparagraph (i);
unintentional trace quantities of mercury in chemical products.
paramilitary equipment means any of the following:
batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
body armour, including:
bullet‑resistant apparel; and
bullet‑resistant pads; and
protective helmets;
handcuffs, leg‑irons and other devices used for restraining prisoners;
riot protection shields;
whips;
parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
poppy straw means any part (other than the seeds) of either of the following:
a plant of the species Papaver somniferum (otherwise known as opium poppy);
a plant of the species Papaver bracteatum.
research mercury means mercury to be used for laboratory‑scale research or as a reference standard.
reviewable defence and strategic goods decision: see regulation 13EE.
security sensitive ammonium nitrate means any of the following:
ammonium nitrate;
an emulsion that is made up of more than 45 per cent ammonium nitrate;
a mixture that is made up of more than 45 per cent ammonium nitrate;
but does not include ammonium nitrate in solution.
the Act means the Customs Act 1901.
Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.
In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations.
These Regulations do not apply in relation to the exportation of petroleum or petroleum products taken on board an aircraft or ship for the service of that aircraft or ship.
In this regulation:
aircraft and ship have the same meanings as in Part VII of the Act.
In this regulation:
authorised person means a person appointed to be an authorised person under subregulation (3).
computer game means a computer program and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.
computer generated image means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data
film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced, but does not include a computer game.
interactive game means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.
publication means a book, paper, magazine, film, computer game or other written or pictorial matter.
responsible Minister means the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995.
terrorist act has the same meaning as in section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
The definition of terrorist act in that section covers actions or threats of actions.
This regulation applies to goods, including publications, that:
describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that the goods should not be exported; or
describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
promote, incite or instruct in matters of crime or violence; or
promote or incite the misuse of a drug specified in Schedule 4 to the Customs (Prohibited Imports) Regulations; or
advocate the doing of a terrorist act.
Without limiting subregulation (2), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.
Without limiting subregulation (2), this regulation also applies to goods that:
are or contain violent extremist material (within the meaning of the Criminal Code); or
are, depict or contain prohibited symbols (within the meaning of the Criminal Code).
For paragraph (2)(f), publications and any other goods advocate the doing of a terrorist act if they:
directly or indirectly counsel, promote, encourage or urge the doing of a terrorist act; or
directly or indirectly provide instructions on the doing of a terrorist act; or
directly praise the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
For paragraph (2)(f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
The responsible Minister may, by instrument, appoint a person holding or performing the duties of the office of Director or Deputy Director of the Classification Board established by section 45 of the Classification (Publications, Films and Computer Games) Act 1995 to be an authorised person for subregulation (4).
The exportation of goods to which this regulation applies is prohibited unless:
a written permission to export the goods has been given by the responsible Minister or an authorised person; or
the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution); or
the goods are covered by paragraph (2AB)(a) or (b) and are being exported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.
In considering whether to give a permission, the responsible Minister or an authorised person must have regard to:
the purposes for which the goods are to be exported; and
the extent to which the person to whom a permission would be given conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and
the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and
the ability of that person to meet conditions that may be imposed under subregulation (6) in relation to the goods; and
any other relevant matters.
A permission may specify conditions with which the holder of the permission must comply.
The responsible Minister or an authorised person may revoke a permission if the holder of the permission fails to comply with a condition imposed under subregulation (6).
Application may be made to the Administrative Review Tribunal for review of a decision of the responsible Minister or an authorised person:
refusing to give a permission; or
giving a permission subject to conditions; or
revoking a permission.
The responsible Minister may certify in writing that in his or her opinion it is in the public interest that a decision to give or refuse to give a permission should be made solely by the responsible Minister and should not be reviewable by the Administrative Review Tribunal.
The responsible Minister must give a copy of a certificate under subregulation (9) to the person who sought the permission.
A certificate must include a statement of the grounds on which the certificate is issued.
While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (8) does not apply to the permission or refusal.
The responsible Minister must cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
If the responsible Minister or an authorised person:
refuses to give a permission to a person; or
gives a permission to a person subject to conditions; or
revokes a permission given to a person;
he or she must inform the person of the decision by written notice within 30 days after making the decision.
Unless the responsible Minister has given a certificate under subregulation (9), a notice under subregulation (14) must include:
a statement to the effect that application may be made to the Tribunal under the Administrative Review Tribunal Act 2024 for review of the decision to which the notice relates; and
unless subsection 269(7) of that Act applies—a statement to the effect that a person whose interests are affected by a reviewable decision may, under section 268 of that Act, request a statement of reasons for the decision.
A contravention of subregulation (15) in relation to a decision does not affect the validity of the decision.
The exportation from Australia of asbestos, or goods mentioned in Schedule 1 that contain asbestos, is prohibited unless:
the asbestos is, or goods are, hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or
for the exportation:
a confirmation from an authority of a State or Territory is in force stating that the asbestos is, or goods are, for research, analysis or display; and
a copy of the confirmation is produced to a Collector if the Collector requests; or
for the exportation:
a permission is in force under subregulation (3); and
a copy of the permission is produced to a Collector if the Collector requests; or
the exportation is of raw materials that contain naturally occurring traces of asbestos.
However, subregulation (1) does not prohibit exportation from Australia of goods, containing asbestos, that are incorporated into other goods in a way that does not constitute a risk to users until the asbestos in the goods is disturbed.
For the purposes of paragraph (1)(c), the Work Health and Safety Minister, or a person authorised by that Minister, may in writing grant permission for the exportation of asbestos or goods containing asbestos.
A permission under subregulation (3) may be granted subject to conditions or requirements to be complied with by a person either before or after the exportation.
Exportation of chemicals mentioned in Schedule 2
The exportation from Australia of a chemical mentioned in Schedule 2, or a mixture or preparation containing a chemical mentioned in Schedule 2, is prohibited unless:
if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:
a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and
the permission is produced to a Collector; or
in any other case:
a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and
the permission is produced to a Collector.
Exportation of mercury
The exportation from Australia of mercury is prohibited unless:
a permission to export the mercury has been granted in writing under any of the following:
the Agricultural and Veterinary Chemicals (Administration) Regulations 1995;
the Industrial Chemicals (General) Rules 2019;
the Therapeutic Goods Regulations 1990; and
the permission is produced to a Collector.
Exportation of research mercury
The exportation from Australia of research mercury is prohibited unless:
both:
a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and
the permission is produced to a Collector; or
both:
a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and
the permission is produced to a Collector.
Derivatives
To avoid doubt, if an item in Schedule 2 includes words describing a particular kind of derivative (for example, ‘salt’ or ‘ester’) of a chemical whose common name is set out in the item, the derivative so described is taken, for subregulation (1), to be a chemical mentioned in Schedule 2.
Applications and permissions
An application for a permission under paragraph (1)(b) or (1AB)(b) must be:
in writing; and
lodged with an authorised officer.
An authorised officer may ask an applicant for a permission under paragraph (1)(b) or (1AB)(b) to give to the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.
If, on an application for a permission under paragraph (1)(b) or (1AB)(b), an authorised officer forms an opinion that the permission should not be granted:
the authorised officer must refer the application to the Minister; and
the Minister may grant, or refuse to grant, the permission.
A permission granted under paragraph (1)(b), (1AB)(b) or (4)(b) may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the exportation of the chemical to which the permission relates.
If the holder of a permission granted under paragraph (1)(b), (1AB)(b) or (4)(b) does not comply with a condition or requirement of the permission, the Minister may, by writing, revoke the permission.
Definitions
In this regulation:
authorised officer means an officer of the Department administered by the Minister who is authorised in writing for the purposes of this regulation by the Minister.
Minister means the Minister administering the Agricultural and Veterinary Chemicals Code Act 1994.
A reference in this regulation to an authorised officer shall be read as a reference to a person who is:
an officer or employee of the public service of the Commonwealth, a State or the Northern Territory; or
an officer of, or employed by, an authority of the Commonwealth, a State or the Northern Territory;
being a person authorised in writing by the Minister to approve, for the purposes of these Regulations, the exportation of goods specified in Schedule 3.
The exportation from Australia of the goods specified in Schedule 3 is prohibited unless an approval in writing for the exportation of the goods issued by the Minister or by an authorised officer is produced to the Collector.
An export permit that is in force under the Export Control Act 2020 in respect of goods specified in item 15 in Schedule 3 shall be taken to be an approval in writing issued under subregulation (2) for the exportation of the goods.
In this regulation:
Minister means the Minister administering the Export Control Act 2020.
This regulation applies to fish of a species specified in Schedule 4, whether fresh, frozen, smoked, preserved in airtight containers or in any other form.
The exportation from Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:
a permission in writing to export the fish has been granted by the Minister or an authorised officer; and
the permission is produced to the Collector.
If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:
the authorised officer must refer the application to the Minister; and
the Minister may grant, or refuse to grant, the permission.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the exportation of the fish to which the permission relates.
If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.
The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 112(2B) of the Act for not complying with the condition or requirement.
In this regulation:
authorised officer means an officer within the meaning of subsection 4(1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.
Minister means the Minister administering the Fisheries Management Act 1991.
In this regulation:
authorised person means an officer of the Department authorised in writing by the Secretary for this regulation.
Department means the department administered by the Minister with administrative responsibility for health.
Secretary means the Secretary to the Department.
The exportation from Australia of goods specified in Schedule 6 is prohibited unless:
permission to export the goods has been granted under this regulation and is in force; and
the permission is produced to the Collector.
The Secretary, or an authorised person, may, on application, grant permission for the exportation of goods specified in Schedule 6.
An application:
must be in writing; and
must be lodged with the Secretary.
Notice of the grant of a permission must be in writing and may specify a condition or requirement that must be complied with by the person to whom the permission is granted.
If the Secretary, or an authorised person, refuses to grant an application for a permission, he or she must notify the applicant in writing accordingly.
The Secretary, or an authorised person, may revoke a permission by notice in writing to the holder of the permission, if:
the holder fails to comply with a condition or requirement specified in the permission, whether or not the holder is charged under subsection 112(2B) of the Act with failure to comply with the condition or requirement; or
the holder of the permission is convicted under that subsection for failure to comply with the condition or requirement.
Application may be made to the Administrative Review Tribunal for review of a decision of the Secretary or of an authorised person:
not to grant a permission; or
to grant a permission specifying a condition or requirement; or
to revoke a permission.
Notice of a decision referred to in subregulation (8) is to include a statement to the effect that:
subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and
a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.
A failure to comply with subregulation (9) does not affect the validity of the decision.
In this regulation:
authorised person means a person authorised in writing by the Minister for this regulation.
Minister means the Minister administering the Prohibition of Human Cloning for Reproduction Act 2002.
viable material means living tissue and cells.
The exportation from Australia of viable material derived from human embryo clones is prohibited unless:
the Minister or an authorised person has granted permission in writing; and
the permission mentioned in paragraph (a) is produced to a Collector at or before the time of exportation.
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2(a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 112(2B) of the Act.
Application may be made to the Administrative Review Tribunal for review of a decision of the Minister or of an authorised person:
not to grant a permission; or
to grant a permission specifying a condition or requirement; or
to revoke a permission.
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and
a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.
A failure to comply with subregulation (7) does not affect the validity of the decision.
In this regulation:
authorised person means a person authorised in writing by the Minister for this regulation.
Minister means the Minister administering the National Radioactive Waste Management Act 2012.
This regulation applies to the goods specified in Schedule 7.
The exportation from Australia of goods to which this regulation applies is prohibited unless:
a permission in writing to export the goods or a class of goods in which the goods are included has been granted by the Minister or an authorised person; and
the permission is produced to the Collector.
A permission granted for the purposes of subregulation (3) (not being a permission so granted in exchange for a permission surrendered in accordance with subregulation (3B)) may specify, and a permission granted for the purposes of subregulation (3) in exchange for a permission surrendered in accordance with subregulation (3B) shall specify, that the permission may, subject to this regulation, be:
assigned; or
surrendered in exchange for the granting to the holder of the surrendered permission of another permission or other permissions to export goods of the same kind as the goods to which the surrendered permission relates.
Where a permission so specifies that the permission may be assigned or surrendered, the permission may be so assigned or surrendered only with the consent in writing of the Minister or an authorised person.
A permission referred to in subregulation (3B) may be assigned as provided by that subregulation notwithstanding that the permission has previously been assigned as provided by that subregulation.
A consent in writing under subregulation (3B) to the assignment of a permission shall be endorsed on or annexed to the permission.
A permission granted for the purposes of subregulation (3) 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 the 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.
The person who is the holder of the permission when the goods, for which the permission was granted, are exported must comply with any condition or requirement specified in the permission.
Where, in relation to the proposed assignment of a permission, being a permission that specifies conditions or requirements to be complied with by the holder of the permission, the Minister or an authorised person is of the opinion that any such condition or requirement is incapable of applying, or of applying without variation or modification, to the proposed assignee, the Minister or authorised person may, by writing endorsed on or annexed to the permission at the time of the giving of the consent to the assignment:
omit that condition or requirement;
vary or modify that condition or requirement to enable it to apply in relation to the assignee; or
omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission.
Where:
the Minister or an authorised person grants a permission or 2 or more permissions in exchange for surrendered permission; and
the surrendered permission specifies conditions or requirements to be complied with by the permission;
the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission:
such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification as the Minister or authorised person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and
such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorised person may determine.
The Minister or an authorised person shall not unreasonably refuse:
to grant a permission for the purposes of subregulation (3); or
to consent to the assignment or surrender of a permission referred to in subregulation (3B).
Where:
a permission granted for the purposes of subregulation (3) is subject to a condition or requirement to be complied with by a person; and
the person fails to comply with the condition or requirement;
the Minister or an authorised person may revoke the permission, whether or not the person is charged with an offence against subsection 112(2B) of the Act in respect of the failure to comply with the condition or requirement.
In this regulation:
authorised person means an employee of the Department authorised in writing by the Minister for this regulation.
country includes an international organisation of states or a dependent territory of a country.
Department means the Department administered by the Minister.
Interlaken Declaration means the Interlaken Declaration of 5 November 2002 on the Kimberley Process Certification Scheme for Rough Diamonds.
Kimberley Process means the international certification arrangement for rough diamonds adopted under the Interlaken Declaration.
Kimberley Process Certificate means a certificate that meets the minimum requirements for certificates specified in Part A of Annex 1 of the document known as the Kimberley Process Certification Scheme which accompanied the Interlaken Declaration.
Minister means the Minister administering the Offshore Minerals Act 1994.
original certificate means the original Kimberley Process Certificate issued under subregulation (3).
Participant means a country that is a Participant in the Kimberley Process.
rough diamonds means diamonds that:
are unworked or simply sawn, cleaved or bruted; and
are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.
The exportation from Australia of rough diamonds is prohibited unless:
the exporter holds a permission under this regulation; and
the original certificate is produced to a Collector at or before the time of exportation; and
the rough diamonds are exported in a tamper resistant container.
The Minister, or an authorised person, may, on application, grant a permission for the exportation of rough diamonds to a country by issuing a Kimberley Process Certificate.
A permission:
may be granted only if the country is a Participant; and
ceases to be in force if the country ceases to be a Participant.
A permission granted under this regulation is subject to the following conditions:
any condition notified in writing to the applicant at the time the permission is granted;
any condition specified on the Kimberley Process Certificate.
If the holder of a permission fails to comply with a condition of the permission, the Minister, or an authorised person, in writing, may revoke the permission.
The Minister, or an authorised person, may revoke a permission whether or not the holder of the permission is charged with an offence against subsection 112(2B) of the Act for failure to comply with the permission.
The holder of a permission must:
retain a copy of the original certificate for a period of 5 years after the time of exportation; and
produce a copy of the original certificate to an employee of the Department if requested to do so within that period.
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