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Customs (Prohibited Exports) Regulation 1963

Customs Act 1951
Coffee Industry Corporation (Statutory Functions and Powers) Act 1991
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 101B.

Customs (Prohibited Exports) Regulation 1963

ARRANGEMENT OF SECTIONS.

Customs (Prohibited Exports) Regulation 1963

MADE under the Customs Act 1951.

Dated                   200 .

PART I. – PRELIMINARY.

1. EFFECT.

The provisions of this Regulation are in addition to, and do not derogate the operation of any other law relating to the exportation of goods.

PART II. – PROHIBITIONS AND RESTRICTIONS GENERALLY.

2. EXPORTATION OF CERTAIN GOODS.

The exportation of the goods specified in the second column of the Schedule is prohibited–

(a) in a case where the words “Permission of” followed by the name or description of one or more persons or a body appear in the third column of that Schedule opposite to the description of those goods–unless the prior written permission of that person or of one of those persons, or of that body, as the case may be, is obtained for exportation; and

(b) in a case where conditions or requirements are set out in the third column of that Schedule opposite to the description of those goods–unless the conditions or requirements are complied with.

PART III. – SPECIAL PROVISIONS RELATING TO COFFEE.

3. INTERPRETATION OF PART III.

In this Part, unless the contrary intention appears–

“coffee” includes raw, roasted or partly roasted coffee and any admixture or thing the main constituent of which is coffee;

“the Committee” means the Coffee Export Committee established by Section 4.

4. COFFEE EXPORT COMMITTEE.

(1) A Coffee Export Committee is hereby established.

(2) The Committee shall consist of–

(a) an officer of the Public Service, who shall be the Chairman; and

(b) two persons other than officers of the Public Service, who shall be representatives of coffee growers.

(3) The members of the Committee shall be appointed by the Head of State, acting on advice, by notice in the National Gazette.

5. GENERAL RESTRICTIONS ON EXPORT.

(1) Coffee shall not be exported to a place other than Australia without the permission of the Committee.

(2) Subject to Subsections (3) and (4) coffee shall not be exported unless at the time of export the exporter produces to the Collector a statement verified by statutory declaration showing–

(a) details of all coffee exported by him during the preceding 12 months, and the place to which it was exported; ant

(b) details of–

(i) all forward contracts for the export of coffee not then executed; and

(ii) the places to which it is to be exported under them.

(3) Subsection (2)(a) applies–

(a) to the first consignment of coffee by an exporter from the country; and

(b) in other cases, when required by the Collector.

(4) Subsection (2)(b) applies when required by the Collector.

6. EXEMPTION FROM SECTION 5.

(1) The Committee may exempt a person from all or any of the requirements of Section 5–

(a) in respect of a specified consignment of coffee; or

(b) in respect of the export of coffee during such period as is specified in the exemption,

either absolutely or subject to such conditions as are specified in the exemption.

(2) The Collector may exempt a consignment of coffee from all or any of the provisions of Section 5(2), either absolutely or subject to such conditions as are specified in the exemption.

(3) Section 5 does not apply to or in relation to a consignment of coffee not exceeding 1 t in weight.

7. COMPLIANCE WITH THE INTERNATIONAL COFFEE AGREEMENT.

Coffee shall not be exported to a place other than Australia unless a certificate of origin prescribed by the Coffee Industry Corporation (Statutory Functions and Powers) Act 1991 has been issued in respect of it by a Collector, and–

(a) in the case of coffee exported to a country other than a country listed in Annex B to the International Coffee Agreement, unless–

(i) a Collector has affixed to the original of the certificate current Coffee Export Stamps issued by the International Coffee Organization the total denomination of which corresponds to the net weight of the equivalent in green coffee of the coffee covered by the certificate (disregarding any excess over the last whole multiple of 25 kg); and

(ii) the stamps have been cancelled by a Collector; and

(b) in the case of coffee exported to a country listed in Annex B to the International Coffee Agreement, unless the words “New Market” have been clearly market in large red letters on the certificate.

SCHEDULE 1 – ^[1]CONDITIONS FOR EXPORT OF CERTAIN GOODS.

Reg., Sec. 2.

Office of Legislative Counsel, PNG

1. ^[1]Schedule 1, item 20(a) repealed by Customs (Prohibited Exports) (Timber Logs) Regulation 1989 (No. 7 of 1989), s(a); Schedule 1, item 21 inserted by Customs (Prohibited Exports) (Timber Logs) Regulation 1989 (No. 7 of 1989), s(b); Schedule 1 replaced by Customs (Prohibited Exports) (Amendment) Regulation 1990 (No. 15 of 1990); Schedule 1, item 13 amended by Customs (Budget Provisions) Regulation 1992 (No. 23 of 1992), s3.