describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that the goods should not be exported; or

describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or

promote, incite or instruct in matters of crime or violence; or

promote or incite the misuse of a drug specified in Schedule 4 to the Customs (Prohibited Imports) Regulations; or

advocate the doing of a terrorist act.

(2AA) Without limiting subregulation (2), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.

(2AB) Without limiting subregulation (2), this regulation also applies to goods that:

(a) are or contain violent extremist material (within the meaning of the Criminal Code); or

(b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code).

directly or indirectly counsel, promote, encourage or urge the doing of a terrorist act; or

directly or indirectly provide instructions on the doing of a terrorist act; or

(c) directly praise the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (Criminal Code) that the person might suffer) to engage in a terrorist act.within the meaning of section 7.3 of the

a written permission to export the goods has been given by the responsible Minister or an authorised person; or

the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution); or

(c) the goods are covered by paragraph (2AB)(a) or (b) and are being exported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.

the purposes for which the goods are to be exported; and

the extent to which the person to whom a permission would be given conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and

the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and

the ability of that person to meet conditions that may be imposed under subregulation (6) in relation to the goods; and

any other relevant matters.

refusing to give a permission; or

giving a permission subject to conditions; or

revoking a permission.

refuses to give a permission to a person; or

gives a permission to a person subject to conditions; or

revokes a permission given to a person;

he or she must inform the person of the decision by written notice within 30 days after making the decision.

(a) a statement to the effect that application may be made to the Tribunal under the Administrative Review Tribunal Act 2024 for review of the decision to which the notice relates; and

unless subsection 269(7) of that Act applies—a statement to the effect that a person whose interests are affected by a reviewable decision may, under section 268 of that Act, request a statement of reasons for the decision.

(a) the asbestos is, or goods are, hazardous waste Hazardous Waste (Regulation of Exports and Imports) Act 1989; oras defined in section 4 of the

for the exportation:

a confirmation from an authority of a State or Territory is in force stating that the asbestos is, or goods are, for research, analysis or display; and

a copy of the confirmation is produced to a Collector if the Collector requests; or

for the exportation:

a permission is in force under subregulation (3); and

a copy of the permission is produced to a Collector if the Collector requests; or

the exportation is of raw materials that contain naturally occurring traces of asbestos.

(a) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:

(i) a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and

the permission is produced to a Collector; or

in any other case:

a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and

the permission is produced to a Collector.

Exportation of mercury

(1AA) The exportation from Australia of mercury is prohibited unless:

a permission to export the mercury has been granted in writing under any of the following:

(i) the Agricultural and Veterinary Chemicals (Administration) Regulations 1995;

(ii) the Industrial Chemicals (General) Rules 2019;

(iii) the Therapeutic Goods Regulations 1990; and

the permission is produced to a Collector.

Exportation of research mercury

(1AB) The exportation from Australia of research mercury is prohibited unless:

both:

(i) a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and

the permission is produced to a Collector; or

both:

a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and

the permission is produced to a Collector.

Derivatives

in writing; and

lodged with an authorised officer.

the authorised officer must refer the application to the Minister; and

the Minister may grant, or refuse to grant, the permission.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the exportation of the chemical to which the permission relates.

an officer or employee of the public service of the Commonwealth, a State or the Northern Territory; or

an officer of, or employed by, an authority of the Commonwealth, a State or the Northern Territory;

being a person authorised in writing by the Minister to approve, for the purposes of these Regulations, the exportation of goods specified in Schedule 3.

a permission in writing to export the fish has been granted by the Minister or an authorised officer; and

the permission is produced to the Collector.

the authorised officer must refer the application to the Minister; and

the Minister may grant, or refuse to grant, the permission.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the exportation of the fish to which the permission relates.

permission to export the goods has been granted under this regulation and is in force; and

the permission is produced to the Collector.

must be in writing; and

must be lodged with the Secretary.

the holder fails to comply with a condition or requirement specified in the permission, whether or not the holder is charged under subsection 112(2B) of the Act with failure to comply with the condition or requirement; or

the holder of the permission is convicted under that subsection for failure to comply with the condition or requirement.

not to grant a permission; or

to grant a permission specifying a condition or requirement; or

to revoke a permission.

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

the Minister or an authorised person has granted permission in writing; and

the permission mentioned in paragraph (a) is produced to a Collector at or before the time of exportation.

not to grant a permission; or

to grant a permission specifying a condition or requirement; or

to revoke a permission.

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

a permission in writing to export the goods or a class of goods in which the goods are included has been granted by the Minister or an authorised person; and

the permission is produced to the Collector.

assigned; or

surrendered in exchange for the granting to the holder of the surrendered permission of another permission or other permissions to export goods of the same kind as the goods to which the surrendered permission relates.

omit that condition or requirement;

vary or modify that condition or requirement to enable it to apply in relation to the assignee; or

omit the condition or requirement and substitute other conditions or requirements, being conditions or requirements that are of the same kind as the omitted condition or requirement and are not inconsistent with any other condition or requirement specified in the permission.

the Minister or an authorised person grants a permission or 2 or more permissions in exchange for surrendered permission; and

the surrendered permission specifies conditions or requirements to be complied with by the permission;

the permission, or each permission, so granted shall specify, as conditions or requirements to be complied with by the holder of the permission:

such of the conditions or requirements referred to in paragraph (b), with or without such variation or modification as the Minister or authorised person may consider necessary for the purpose, as are capable in the circumstances of applying in relation to the holder of the permission; and

such other conditions or requirements, if any, being conditions or requirements not inconsistent with any of the conditions or requirements referred to in paragraph (c), as the Minister or authorised person may determine.

to grant a permission for the purposes of subregulation (3); or

to consent to the assignment or surrender of a permission referred to in subregulation (3B).

a permission granted for the purposes of subregulation (3) is subject to a condition or requirement to be complied with by a person; and

the person fails to comply with the condition or requirement;

the Minister or an authorised person may revoke the permission, whether or not the person is charged with an offence against subsection 112(2B) of the Act in respect of the failure to comply with the condition or requirement.

are unworked or simply sawn, cleaved or bruted; and

(b) are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.

the exporter holds a permission under this regulation; and

the original certificate is produced to a Collector at or before the time of exportation; and

(c) the rough diamonds are exported in a tamper resistant container.

may be granted only if the country is a Participant; and

ceases to be in force if the country ceases to be a Participant.

any condition notified in writing to the applicant at the time the permission is granted;

any condition specified on the Kimberley Process Certificate.

retain a copy of the original certificate for a period of 5 years after the time of exportation; and

produce a copy of the original certificate to an employee of the Department if requested to do so within that period.

permission to export the goods has been granted under subregulation (3) and is in force; and

the permission is produced to the Collector.

must be in writing; and

must be lodged with the Minister or an authorised person.

may specify conditions or requirements to be complied with by the holder of the permission; and

for any such condition or requirement, may specify the time (being a time either before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

not to grant a permission; or

to grant a permission subject to a condition or requirement; or

to revoke a permission.

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

(a) the CEO of ARPANSA, Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; orwithin the meaning of section 14 of the

an APS employee assisting the CEO in accordance with section 58 of that Act, appointed in writing by the Minister as an authorised officer for this regulation.

high activity radioactive source means a radioactive source mentioned in an item in the table in Schedule 7A that has an activity level, measured in Becquerel, that is equal to, or more than, the level specified in the item.

Minister means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998.

radioactive source means radioactive material that:

is permanently sealed in a capsule or is closely bonded in a solid form; or

was permanently sealed in a capsule, or was closely bonded in a solid form, until it was released as a result of leakage or breakage.

a permission in writing to export the radioactive source has been granted by the Minister or an authorised officer; and

the permission is shown to a Collector.

Australia’s relations with other countries; and

Australia’s international obligations.

conditions to be complied with by the holder of the permission; and

the time for compliance with a condition mentioned in paragraph (a) (which may be before or after the exportation of the radioactive source to which the permission relates); and

the quantity of the radioactive source that may be exported; and

the circumstances in which the radioactive source may be exported.

a condition of the permission has not been complied with; or

without the modification, a condition of the permission is unlikely to be complied with; or

permitting, or continuing to permit, the exportation of the radioactive source in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

an active principle or derivative of the drug the name of which is specified in the item; or

a derivative of an active principle, the name of which is specified in the item.

unless:

the drug is exported from Australia by a licensed exporter; and

the Secretary or an authorised person has, by an instrument in writing that is in force, granted permission for the licensed exporter to export the drug to a specified country; and

the drug is exported from Australia within 3 months after the Secretary or an authorised person granted the permission or within any further period allowed from time to time by the Secretary or an authorised person and specified in the permission; and

the drug is consigned to the country to which the Secretary or an authorised person has, by the instrument, granted the licensed exporter permission to export the drug; and

the licensed exporter, if asked by the Collector, produces the permission to the Collector; or

unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

is not a drug listed in Schedule IV to the Single Convention; and

is required for the medical treatment of the person or of another person under the care of the person; and

was prescribed by a medical practitioner for that treatment; and

was supplied to the person in accordance with the prescription of the medical practitioner mentioned in subparagraph (iii); or

unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

is not a drug listed in Schedule IV to the Single Convention; and

is required for the medical treatment of the person or of another person under the care of the person; and

(iii) is included in Schedule 2 or Schedule 3 to the current Poisons Standard Therapeutic Goods Act 1989; andwithin the meaning of section 52A of the

is being exported in an amount that does not exceed:

(A) if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient—30 dosage units; or

(B) if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients—50 dosage units; or

(C) in any other case—3 months supply of the recommended daily dosage of the drug; or

unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

is not a drug listed in Schedule IV to the Single Convention; and

is required for the medical treatment of an animal that is being exported and is under the care of the person; and

was prescribed by a veterinarian for the treatment; and

was supplied to the person in accordance with the prescription of the veterinarian mentioned in subparagraph (iii); or

unless the drug is exported from Australia by a person on board a ship or aircraft if the drug:

is not a drug listed in Schedule IV to the Single Convention; and

is required for the medical treatment of an animal under the care of the person; and

(iii) is included in Schedule 2 or Schedule 3 to the current Poisons Standard Therapeutic Goods Act 1989; andwithin the meaning of section 52A of the

is being exported in an amount that does not exceed:

(A) if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient—30 dosage units; or

(B) if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients—50 dosage units; or

(C) in any other case—3 months supply of the recommended daily dosage of the drug; or

unless the drug is exported from Australia on a ship or aircraft if:

the drug is not a drug listed in Schedule IV to the Single Convention; and

the drug is for first-aid or emergency purposes during the ship’s voyage or the aircraft’s flight; and

the amount of the drug being exported is consistent with the number of passengers and crew on board the ship or aircraft and the duration of the voyage or flight; or

unless the drug is exported from Australia by a person on board a ship or aircraft if:

the drug is not a drug listed in Schedule IV to the Single Convention; and

the person is a medical practitioner, nurse or paramedic; and

the person is exporting the drug for providing emergency medical treatment to another person; and

the amount of the drug being exported is consistent with the treatment of that other person.

must be in writing; and

must be lodged with the Secretary; and

must state the country to which the drug is to be exported; and

for a drug specified in Part 1 or 2 of Schedule 8—must be accompanied by an authorisation from the appropriate governmental authority of the country to which the drug is to be exported authorising the importation of the drug into that country.

the substance is exported from Australia by a licensed exporter; and

the conditions mentioned in subregulation (4) are met in relation to the export of the substance.

the substance is exported from Australia by a licensed exporter; and

if the substance is to be exported to a country mentioned in a notice under subregulation (3)—the conditions mentioned in subregulation (4) are met in relation to the export of the substance.

the licensed exporter has notified the Secretary at least 5 days before the exporter intends to export the substance; and

the Secretary or an authorised person has not, by an instrument in writing, notified the licensed exporter that the licensed exporter cannot export the substance; and

the substance is exported within 3 months after the date when the notification mentioned in paragraph (a) was received by the Secretary; and

the amount of the substance is not greater than the amount specified in the notification mentioned in paragraph (a); and

the substance is consigned to the country specified in the notification mentioned in paragraph (a); and

when requested by a Collector, the licensed exporter produces the notification mentioned in paragraph (a) to the Collector.

be in writing; and

be in the form approved by the Secretary; and

state:

the country to which the substance is to be exported; and

the quantity of the substance that is to be exported.

be in writing; and

be lodged with the Secretary.

the holder of the licence has failed to comply with a condition of the licence; or

it would not be consistent with the requirements mentioned in regulation 10C that are appropriate to the drug to which the licence relates for the licence to continue in force.

the holder of the licence has failed to comply with a condition of the licence; or

it would not be consistent with the requirements mentioned in regulation 10CA that are appropriate to the precursor substance to which the licence relates for the licence to continue in force.

for each Schedule 8 drug or each precursor substance exported by the exporter from Australia, the licensed exporter must keep the following records:

the date when the exporter exports any quantity of the drug or precursor substance;

the quantity of the drug or precursor substance the exporter exports on that date;

the export permit number for the export of the drug or precursor substance;

the name and address of the person to whom the drug or precursor substance is exported;

the exporter must keep the records until the Secretary or an authorised person approves the destruction of the records;

the exporter must, if required to do so by the Secretary, an authorised person or the Comptroller-General of Customs, at any reasonable time of the day, produce the records for examination by, and permit extracts from or copies of the records to be taken by an officer authorised by the Secretary, an authorised person or the Comptroller-General of Customs;

the exporter must, within 5 days after the end of a report week, give to the Secretary a return setting out the information mentioned in paragraph (a) for the report week;

the exporter must, if required to do so by the Secretary, an authorised person or the Comptroller-General of Customs, take any precautions necessary to ensure that there is no danger of loss or theft of a drug or a precursor substance in the exporter’s possession.

not to grant a permission under subparagraph 10(1)(a)(ii); or

not to allow the export of a precursor substance under paragraph 10AB(4)(b); or

not to grant a licence under subregulation 10A(2) or (2A); or

to revoke a licence under subregulation 10A(4) or (4B).

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

(a) are mentioned in an item of the table in subregulation 4(2) of the Autonomous Sanctions Regulations 2011; or

have been designated as export sanctioned goods under subregulation 4(3) of those Regulations.

the immediate or final destination of the goods is, or is intended to be, the country for which they are export sanctioned goods; and

(b) the exportation is not authorised in accordance with a permit granted under paragraph 18(1)(a) of the Autonomous Sanctions Regulations 2011.

(a) the goods are goods to which subregulation 4(4) of the Autonomous Sanctions Regulations 2011 applies; and

the exportation is not authorised in accordance with a permit granted under paragraph 18(1)(a) of those Regulations.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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

the quantity of goods that may be exported; and

the circumstances in which goods may be exported.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

Australia’s relations with other countries; and

Australia’s obligations under international law.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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

the quantity of goods that may be exported; and

the circumstances in which goods may be exported.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

Australia’s relations with other countries; and

Australia’s obligations under international law.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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

the quantity of goods that may be exported; and

the circumstances in which goods may be exported.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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.

(2AB) 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.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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

the quantity of goods that may be exported; and

the circumstances in which goods may be exported.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

Australia’s relations with other countries; and

Australia’s obligations under international law.

are export sanctioned goods (within the meaning of the Iran Sanctions Regulations); or

contain export sanctioned technology.

export sanctioned technology means export sanctioned goods (within the meaning of the Iran Sanctions Regulations) that are technology.

Iran Sanctions Regulations means the Charter of the United Nations (Sanctions—Iran) Regulations 2025.

listed goods means:

export sanctioned goods; or

goods (within the meaning of the Act) specified in a prohibition notice (within the meaning of the Iran Sanctions Regulations) that is in force.

specified entity has the same meaning as in section 27 of the Iran Sanctions Regulations.

a person exporting, or intending to export goods (including listed goods), is:

an Australian national; or

subject to Australian jurisdiction; or

an entity incorporated in Australia; or

an entity subject to Australian jurisdiction; and

the goods are to be exported in the course of the conduct of business by the person with:

a specified entity; or

an individual or entity acting on behalf of, or under the direction of, the specified entity; or

an entity owned or controlled, whether or not by illicit means, by the specified entity; and

the business is not authorised by a permit granted under section 28 of the Iran Sanctions Regulations;

the exportation of goods 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.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, the Libyan Arab Jamahiriya.

be in the form approved under subregulation (4A); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, the Central African Republic.

be in the form approved under subregulation (4A); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, Haiti.

be in the form approved under subregulation (5); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, Iraq.

be in the form approved under subregulation (5); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, Somalia.

be in the form approved under subregulation (5); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

not listed in the defence and strategic goods list; and

whose immediate or final destination is, or is intended to be, South Sudan.

be in the form approved under subregulation (5); and

contain the information required by the form; and

be signed as indicated by the form.

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.

Australia’s relations with other countries; and

Australia’s obligations under international law.

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 goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

a permission in writing to export the card has been given by the Minister; and

the permission is produced to a Collector.

conditions or requirements to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition or requirement, whether before or after the exportation of the card to which the permission relates.

goods specified in the defence and strategic goods list;

goods containing DSGL technology.

Exportation with permission

the Defence Minister has granted permission under this regulation for the exportation of the goods;

for goods containing DSGL technology—the permission is expressed to cover the DSGL technology;

the exportation of the goods is in accordance with the terms of the permission;

the permission is produced to a Collector.

Decision on application for permission

consider whether to grant the permission sought; and

either:

grant the permission, by notice in writing to the applicant; or

refuse to grant the permission, by notice in writing to the applicant giving reasons for refusal.

Criteria for granting permission

the criteria set out in the following table;

any other matters the Defence Minister considers appropriate.

Terms and conditions of permission

the type and amount of goods that may be exported;

the persons to whom the goods may be exported;

the overseas countries to which the goods may be exported;

the number of shipments of the goods that may be exported;

the period during which the goods may be exported.

the goods are owned by the defence force of any of the following countries:

Brunei Darussalam;

Canada;

Japan;

Malaysia;

New Zealand;

Papua New Guinea;

the Kingdom of Cambodia;

the Kingdom of Thailand;

the Republic of Fiji;

the Republic of Indonesia;

the Republic of Singapore;

the Republic of the Philippines;

the United Kingdom;

the United States of America;

Tonga;

the goods have been imported into Australia by:

the defence force that owns the goods; or

a member of that defence force to whom the goods have been issued;

the goods are exported from Australia by:

the defence force that owns the goods; or

a member of that defence force to whom the goods have been issued;

the goods are not specified in item ML7, 1C350, 1C351, 1C352, 1C353, 1C354 or 1C450 of the defence and strategic goods list;

for goods containing DSGL technology—the goods contained the DSGL technology when they were imported.

Air security

(a) the goods were last imported into Australia on an aircraft by a person (an air security officer) covered by subregulation (3) while carrying out his or her duties;

there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers;

immediately after the goods were imported, the air security officer surrendered the goods to an officer of Customs, authorised under subregulation (4), for secure storage until the goods are exported in accordance with paragraph (d);

within 3 months after the goods were imported into Australia, the goods are exported from Australia.

is employed and trained by a foreign government to travel on an aircraft to provide security for the aircraft and its passengers and crew; and

is not employed to provide exclusive personal protection for one or more specific people travelling on the aircraft (for example, as a personal bodyguard).

the goods are one of the following:

(i) an Article 3(1) US Defence Article (within the meaning of the Defence Trade Controls Act 2012);

an Article 3(3) US Defence Article (within the meaning of that Act);

(iii) an Australian Defence Article (within the meaning of the Defence Trade Controls Regulation 2013);

goods constituting or containing DSGL technology in relation to goods referred to in subparagraph (i), (ii) or (iii);

for goods containing DSGL technology—the technology is DSGL technology in relation to the goods;

(c) the goods are exported from Australia by an Australian Community member (within the meaning of the Defence Trade Controls Act 2012) to a member of the United States Community (within the meaning of that Act);

(d) the goods are exported from Australia for one or more of the activities referred to in Article 3(1)(a), (b), (c) or (d) of the Defense Trade Cooperation Treaty (within the meaning of the Defence Trade Controls Act 2012).

Certain exports to the United Kingdom or United States of America

(a) the goods are exported from Australia in the course of a supply covered by subsection 5C(1A) of the Defence Trade Controls Act 2012; and

the exporter has been issued, by the Department administered by the Defence Minister, a unique identifier described as a “Defence Export Controls Client Registration Number”; and

the Department administered by the Defence Minister has been given the information mentioned in subregulation (5B) by the exporter before the export is made.

a description of the goods that are to be exported;

the name of any person to whom the supply mentioned in paragraph (5A)(a) is to be made;

the name of the country to which the goods are to be exported;

either:

the date on which the goods are to be exported; or

if there are to be supplies mentioned in paragraph (5A)(a) of goods within that description over a period of time, to the same person, in circumstances where the goods are to be exported from Australia to that country—the period of time in which such supplies are to occur.

Goods exported in the course of certain supplies

the goods are:

(i) DSGL goods (within the meaning of the Defence Trade Controls Act 2012); or

goods containing DSGL technology; and

the DSGL goods or DSGL technology is:

an Australian Military Sales Program item (within the meaning of that Act); or

any other DSGL goods or DSGL technology not excluded by a determination in force under subsection 5C(3) of that Act; and

the goods are exported in the course of a supply (within the meaning of that Act) made in accordance with an agreement or arrangement between Australia and one or more foreign countries, including an agreement, arrangement or understanding between a Minister and an official or authority of one or more foreign countries.

DSGL technology—temporary export

the goods constitute, or contain, DSGL technology;

for goods that contain DSGL technology, but do not constitute DSGL technology—the goods themselves are not specified in the defence and strategic goods list;

the goods are exported from Australia for use by the exporter outside Australia;

the exporter or, if the exporter is a body corporate, an employee, agent or officer of the body, will travel with the goods;

the goods are not to be sold or transferred to, or used by, any person other than the exporter outside Australia;

the DSGL technology constituted by, or contained in, the goods is not to be disclosed to any person other than the exporter outside Australia;

the exporter intends to return to Australia with the goods or, if the exporter is a body corporate, the exporter intends that the goods are to be returned to Australia by an employee, agent or officer of the body travelling with the goods.

DSGL technology—export following temporary import

the goods constitute, or contain, DSGL technology;

for goods that contain DSGL technology, but do not constitute DSGL technology—the goods themselves are not specified in the defence and strategic goods list;

(c) the goods have been imported by a person to Australia from a foreign country for use by the person in Australia, and are exported from Australia to the same country, by the same person (the exporter);

the exporter or, if the exporter is a body corporate, an employee, agent or officer of the body, will travel with the goods when they are exported.

be in writing in the form approved by the Defence Minister under subregulation (6); and

contain the information required by the form; and

be accompanied by any documents required by the form.

item ML7.b.1;

item ML7.b.2;

item ML7.c;

item 1C351.d.4;

item 1C351.d.5.

at least 14 days after the day on which the notice is given; or

if the Minister is satisfied that the new condition, or the variation, needs to take effect at the time the notice is received for reasons of urgency—at that time.

the permission is granted subject to a condition to be complied with by the holder of the permission, and the holder fails to comply with the condition; or

the Defence Minister is satisfied that the exportation of any goods covered by the permission would prejudice the security, defence or international relations of Australia, having regard to the following matters:

the criteria set out in the table in subregulation 13E(4);

any other matters the Defence Minister considers appropriate.

a decision under subregulation 13E(3) to refuse to grant a permission;

a decision under subregulation 13E(6) to impose a condition on a permission;

a decision under subregulation 13EC(1) to impose a new condition on a permission;

a decision under subregulation 13EC(2) to vary a condition imposed on a permission;

a decision under subregulation 13ED(1) to revoke a permission.

Request for internal review

within 30 days after the day on which the person is taken to have received notice of the decision under regulation 13EG; or

within such longer period as the Defence Minister allows (either before or after the end of the 30 days).

affirm, vary or set aside the decision; and

if he or she sets aside the decision, make such other decision under regulation 13E or 13EC as he or she thinks appropriate.

the Defence Minister’s decision under subregulation (6);

the reasons for that decision;

a statement of the person’s right to have that decision reviewed by the Administrative Review Tribunal.

methods for giving a notice to a person under this Division; and

the time at which a person is taken to have received a notice given under this Division.

Given personally

at the last address notified to the Defence Minister for the purpose of receiving notices; and

by a person authorised by the Defence Minister for the purposes of this subregulation; and

either:

by giving it directly to the person; or

by giving it to another person who appears to work at that address in a management or executive position.

if the notice was posted from a place in Australia to an address in Australia—7 business days after the date of the notice, in the place of the address to which it was sent; or

if paragraph (a) does not apply—21 days after the date of the notice.

Electronic notice

faxed to the person at the fax number last notified to the Defence Minister for that purpose; or

sent to the person at the email address last notified to the Defence Minister for that purpose; or

sent to the person by any other electronic means to the electronic address last notified to the Defence Minister for that purpose.

the delegate must refer the particular case to the Defence Minister; and

if the Defence Minister believes that the disclosure of some or all of the reasons would prejudice the security, defence or international relations of Australia:

the Defence Minister must inform the delegate of those reasons; and

the notice of the decision must not disclose those reasons.

Notification that reasons have not been disclosed

a Minister of the Commonwealth, a State or a Territory;

(b) the head (however described) of a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;

a State or Territory, or an authority of a State or Territory;

any of the following:

the government of a foreign country, or of part of a foreign country;

an authority of the government of a foreign country;

an authority of the government of part of a foreign country;

a person or entity specified in an instrument under subregulation (2).

a law of the Commonwealth other than an Act or this regulation; and

a law of a State or a Territory.

the Secretary of the Department administered by that Minister; or

an SES employee, or acting SES employee, in that Department; or

an APS employee who holds, or is acting in, an Executive Level 1 position, or an equivalent or higher position, in that Department.

the power under regulation 13E to grant permission to export goods listed in Part 1 or Part 2 of the defence and strategic goods list, or goods containing DSGL technology;

the power to request additional information under subregulation 13EB(4), and to defer consideration of an application under subregulation 13EB(5);

the power to approve a form under subregulation 13EB(6);

the power to impose, remove or vary conditions under regulation 13EC in relation to such a permission.

the power under subregulation 13E(3) to refuse to grant a permission; or

the power under subregulation 13ED(1) to revoke a permission;

to:

the Secretary of the Department administered by that Minister; or

an SES employee, or acting SES employee, in that Department.

a scheduled substance (within the meaning of the OPSGGM Act);

equipment that contains such a substance, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AB(3)(d) of the OPSGGM Act;

equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AB(5)(d) of that Act.

Exception

none of subsections 13AB(1), (3) and (5) of the OPSGGM Act are contravened in relation to the exportation; and

if the exportation is allowed by a licence granted under section 16 of that Act—the licence, or a copy of the licence, is produced to a Collector.

section 12B of that Act (exportation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and

for the exportation of a substance—subsection 13AB(2) of that Act; and

for the exportation of equipment containing a substance—subsection 13AB(4) that Act; and

for the exportation of equipment that uses a substance in its operation—subsection 13AB(6) of that Act.

References to substances and equipment

Cook Islands;

Fiji;

Kiribati;

Marshall Islands, Republic of;

Micronesia, Federated States of;

Nauru;

Niue;

Palau, Republic of;

Papua New Guinea;

Solomon Islands;

Tonga;

Tuvalu;

Vanuatu;

Western Samoa.

radioactive waste means waste consisting of material that emits ionising radiation as a result of the spontaneous transformation of the nucleus of the atom but does not include material that has an activity concentration below 1 Becquerel per gram or an activity below 1000 Becquerel.

a document that promotes the use of a device mentioned in subregulation (1);

a document that counsels or incites a person to commit suicide using one of those devices;

a document that instructs a person how to commit suicide using one of those devices.

a permission in writing to export the liquefied natural gas has been granted by the Resources Minister or an authorised officer; and

the permission is produced to the Collector.

conditions to be complied with by the holder of the permission; and

when the holder must comply with a condition.

vary a condition of a permission with the consent of the holder of the permission; or

accept the surrender of a permission, including in exchange for granting another permission.

revoke the permission; or

vary one or more conditions of the permission.

the Resources Minister has reasonable grounds to believe that there will not be a sufficient supply of natural gas for Australian consumers during the relevant quarter unless exports of liquefied natural gas are controlled;

the Resources Minister has consulted the following Ministers:

the Prime Minister;

the Treasurer;

the Energy Minister;

the Industry Minister;

the Trade Minister;

on or before the first day of the quarter immediately preceding the relevant quarter, the Resources Minister gives notice, by notifiable instrument registered on the Federal Register of Legislation, of the Resources Minister’s intention to consider whether to determine the relevant quarter to be a domestic shortfall quarter;

the determination is made within the period:

beginning 30 days after the first day of the quarter immediately preceding the relevant quarter; and

ending 45 days after the first day of the quarter immediately preceding the relevant quarter.

the effectiveness and efficiency of this Division in ensuring a sufficient supply of natural gas for Australian consumers with minimum disruption to Australia’s liquefied natural gas export industry;

the impact of this Division on the competiveness of Australia’s liquefied natural gas export industry, Australia’s investment reputation and Australia’s international reputation for quality and reliability;

the impact of this Division on the Australian domestic gas market, including the development of new and additional gas resources and market functions;

whether improvements can be made to the operation of this Division and whether there are appropriate alternative mechanisms to achieve the objectives of this Division;

whether this Division should be amended or repealed before 1 January 2030 and the timing of any such amendment or repeal;

any other considerations the Resources Minister considers relevant.