Section 112 Customs Act 1901 | Prohibited Exports


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The Legislation

Section 112 of the Customs Act 1901 (Cth) deals with Prohibited Exports and is extracted below.

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112 Prohibited exports

(1) The Governor General may, by regulation, prohibit the exportation of goods from Australia.

(2) The power conferred by subsection (1) may be exercised:

(a) by prohibiting the exportation of goods absolutely;
(aa) by prohibiting the exportation of goods in specified circumstances;
(b) by prohibiting the exportation of goods to a specified place; or
(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

(2A) Without limiting the generality of paragraph (2)(c), the regulations:

(aa) may identify the goods to which the regulations relate by reference to their inclusion:

(i) in a list or other document formulated by a Minister and published in the Gazette or otherwise; or
(ii) in that list or other document as amended by the Minister and in force from time to time; and

(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations made under this Act or the Therapeutic Goods Act 1989; and
(b) in relation to licences or permissions granted as prescribed by regulations made under this Act—may make provision for and in relation to:

(i) the assignment of licences or permissions so granted or of licences or permissions included in a prescribed class of licences or permissions so granted;
(ii) the granting of a licence or permission to export goods subject to compliance with conditions or requirements, either before or after the exportation of the goods, by the holder of the licence or permission at the time the goods are exported;
(iii) the surrender of a licence or permission to export goods and, in particular, without limiting the generality of the foregoing, the surrender of a licence or permission to export goods in exchange for the granting to the holder of the surrendered licence or permission of another licence or permission or other licences or permissions to export goods; and
(iv) the revocation of a licence or permission that is granted subject to a condition or requirement to be complied with by a person for failure by the person to comply with the condition or requirement, whether or not the person is charged with an offence against subsection (2B) in respect of the failure.

(2AA) Where a Minister makes an amendment to a list or other document:

(a) that is formulated and published by the Minister; and
(b) to which reference is made in regulations made for the purposes of paragraph (2)(c);
the amendment is a disallowable instrument within the meaning of section 46A of the Acts Interpretation Act 1901.

(2B) A person is guilty of an offence if:

(a) a licence or permission has been granted, on or after 10 November 1977, under the regulations; and
(b) the licence or permission relates to goods that are not narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.

Penalty: 100 penalty units.

(2BA) Subsection (2B) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2BB) Absolute liability applies to paragraph (2B)(a), despite subsection (2BA).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(2BC) A person is guilty of an offence if:

(a) a licence or permission has been granted, on or after 10 November 1977, under the regulations; and
(b) the licence or permission relates to goods that are narcotic goods; and
(c) the licence or permission is subject to a condition or requirement to be complied with by the person; and
(d) the person engages in conduct; and
(e) the person’s conduct contravenes the condition or requirement.

Penalty: Imprisonment for 2 years or 20 penalty units, or both.

(2BE) Absolute liability applies to paragraph (2BC)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(2AB) It is a condition of any licence or permission to export goods, being a licence or permission granted under paragraph (2)(c) by the Defence Minister or an authorised person within the meaning of subregulation 13B(1) or 13E(1) of the Customs (Prohibited Exports) Regulations after the commencement of this subsection, that the Defence Minister may, at any time, by notice:

(a) published:

(i) in the Gazette; and
(ii) in each State and internal Territory, in a newspaper circulating throughout that State or Territory; and

(b) in writing given to the holder of the licence or permission;
inform the holder that, with effect from a day specified in the notice, all goods to which the licence or permission relates, or such kinds of those goods as are specified in the notice, shall not be exported to a specified place because in the opinion of the Defence Minister:
(c) a situation in that place; or
(d) a situation in another place to which there is a reasonable likelihood that such goods will be re exported from that specified place;
makes the exportation of such goods from Australia contrary to the national interest, and, where the Defence Minister gives such a notice, the authority of the holder to export such goods to that specified place shall be taken to have been withdrawn until the Defence Minister, by further notice in writing given to the holder, revokes the original notice.

(2AC) The day specified in a notice under subsection (2AB) shall be a day not earlier than the day on which the notice is published in the Gazette under subparagraph (2AB)(a)(i).

(2AD) Any failure to comply with the requirements of paragraph (2AB)(b) in relation to a notice under subsection (2AB) does not affect the validity of the notice.

(3) Goods the exportation of which is prohibited under this section are prohibited exports.

(4) In this section:

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.