Section 112BA Customs Act 1901 | Notice Prohibiting Export


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The Legislation

Section 112BA of the Customs Act 1901 (Cth) deals with Notice Prohibiting Export and is extracted below.

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112BA Notice prohibiting export

(1) If:

(a) the Defence Minister suspects that, if a person (the first person) were to export particular goods to a particular place or to a particular person, the goods would or may be for a military end use that would prejudice the security, defence or international relations of Australia; and
(b) the goods are not prohibited exports under section 112;
the Defence Minister may give the first person a notice prohibiting the first person from exporting the goods to the particular place or particular person.

Note: Section 112BB deals with giving notices under this section.

Reasons for notice
(2) A notice given to a person under subsection (1) must set out the Defence Minister’s reasons for giving the notice.

(3) The notice must not disclose any reasons whose disclosure the Defence Minister believes would prejudice the security, defence or international relations of Australia.

(4) If reasons are not disclosed in a notice under subsection (1) because of subsection (3), that fact must be stated in the notice.

Period notice in force
(5) A notice given to a person under subsection (1) comes into force at the time the person receives the notice. This subsection is subject to subsection
(7).

(6) A notice given to a person under subsection (1) remains in force for the period specified in, or worked out in accordance with, the notice (which must not be more than 12 months), unless revoked earlier.

Later notices
(7) A notice may be given to a person under subsection (1) while an earlier notice given to the person under subsection (1) is in force. The later notice may be expressed to come into force at the time the earlier notice ceases to be in force.

(8) Subsection (7) does not prevent a notice being given to a person under subsection (1) after an earlier notice given to the person under subsection (1) ceases to be in force.

Notice not a legislative instrument
(9) A notice under subsection (1) is not a legislative instrument.

Revoking a notice
(10) The Defence Minister may, by writing, revoke a notice given to a person under subsection (1).

(11) The Defence Minister must give the person notice of the revocation. The revocation takes effect at the time the person receives the notice.

Note: Section 112BB deals with giving notices under this section.

Offence
(12) A person commits an offence if:

(a) the person exports goods to a particular place or particular person; and
(b) the export contravenes a notice that is in force under subsection (1); and
(c) the person knows of the contravention.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Definition
(13) In this section:
military end use: goods are or may be for a military end use if the goods are or may be for use in operations, exercises or other activities conducted by an armed force or an armed group, whether or not the armed force or armed group forms part of the armed forces of the government of a foreign country.