Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4)1

Select Legislative Instrument 2007 No. 346

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 17 October 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DAVID ALBERT LLOYD JOHNSTON

Minister for Justice and Customs

1 Name of Regulations

  These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Customs (Prohibited Exports) Regulations 1958

  Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958.

Schedule 1 Amendments

(regulation 3)

 

[1] Subregulation 3 (1), after the definition of publication

insert

terrorist act has the same meaning as in section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).

Note   The definition of terrorist act in that section covers actions or threats of actions.

[2] Paragraph 3 (2) (e)

omit

Regulations.

insert

Regulations; or

[3] After paragraph 3 (2) (e)

insert

 (f) advocate the doing of a terrorist act.

[4] After subregulation 3 (2)

insert

 (2A) For paragraph (2) (f), publications and any other goods advocate the doing of a terrorist act if they:

 (a) directly or indirectly counsel or urge the doing of a terrorist act; or

 (b) 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 risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.

 (2B) For paragraph (2) (f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.