Customs (Prohibited Exports) Regulations 1958

In this regulation:

The exportation of arms or related matériel (other than goods listed in the defence and strategic goods list) the immediate or final destination of which is, or is intended to be, the Democratic Republic of the Congo is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation.

See regulation 13E in relation to the export of goods listed in the defence and strategic goods list.

An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (2A).

A permission granted under subregulation (2) may state, in relation to the exportation of goods that it permits:

conditions or requirements, including times for compliance, to which the exportation is subject; and

the quantity of goods that may be exported; and

the circumstances in which goods may be exported.

The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if the Foreign Minister or authorised person is satisfied on reasonable grounds that:

a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or

permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:

Australia’s relations with other countries; and

Australia’s obligations under international law.