Customs (Prohibited Exports) Regulations 1958

In this regulation:

Subject to subregulation (2AA), the exportation of all goods, the immediate or final destination of which is, or is intended to be, the Democratic People’s Republic of Korea, 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.

Subregulation (2) does not apply to the following:

food (except goods included on the luxury goods list);

medicine;

accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes to be for the personal use of that person.

For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account.

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 the goods that it permits:

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

the quantity of the goods that may be exported; and

the circumstances in which the 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 the 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.