Customs Act 1901

PART VI - THE EXPORTATION OF GOODS  

Division 1 - Prohibited exports  

SECTION 112   PROHIBITED EXPORTS  

112(1)    
The Governor General may, by regulation, prohibit the exportation of goods from Australia.

112(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.

112(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; and

(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; and

(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; and

(v) the revocation of a licence or permission to export goods if the Defence Minister is satisfied that the exportation of the goods would prejudice the security, defence or international relations of Australia.

112(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 legislative instrument.

112(2B)    

A person commits 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.

112(2BA)    

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

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

112(2BB)    

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

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

112(2BC)    

A person commits 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.

112(2BD)    
(Repealed by No 129 of 2005, s 3, Sch 1, Pt 2, item 32, effective 6 December 2005.)

112(2BE)    

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

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

112(2AB)    
(Repealed by No 19 of 2017)

112(2AC)    
(Repealed by No 19 of 2017)

112(2AD)    
(Repealed by No 19 of 2017)

112(3)    
Goods the exportation of which is prohibited under this section are prohibited exports.

112(4)    

In this section:

engage in conduct
means:

(a) do an act; or

(b) omit to perform an act.