Summary
Amendment to Customs (Prohibited Exports) Regulations under the Customs Act 1901, controlling the export of specified goods through prohibition or restriction. The instrument would specify items subject to export controls (potentially including security-sensitive goods, controlled materials, wildlife, or goods subject to international sanctions), establish permit requirements, and set penalties for prohibited exports.
Reason
Export prohibitions and restrictions: (1) Restrict voluntary trade between consenting parties, reducing economic activity and export competitiveness; (2) Impose compliance costs on Australian exporters, particularly affecting small and medium enterprises without dedicated trade compliance teams; (3) Create barriers that disadvantage Australian producers in global markets, with benefits often accruing to foreign competitors; (4) Effectiveness of export controls is often limited as trade routes shift to less regulated jurisdictions; (5) Many objectives of export controls (e.g., non-proliferation, conservation) can be better achieved through diplomatic engagement, international institutions, or market mechanisms like due diligence requirements rather than blanket prohibitions; (6) Distance and geography disproportionately burden rural and remote Australian exporters with customs compliance; (7) Regulations of this type frequently contain provisions that were response to specific incidents but remain in force indefinitely, creating ongoing costs for circumstances that no longer exist.