Prohibited Exports

Mr Melham asked the Minister for Defence, in writing, on 5 June 2008:

For each year since 1996-97: (a) how many breaches of Regulation 13E under the Customs (Prohibited Exports) Regulations 1958 have been identified; and (b) how many prosecutions were undertaken in relation to persons and/or companies, and (i) what was the outcome of each prosecution, and (ii) for each identified breach and/or prosecution, what export controlled goods, technology or information were involved.

Mr Fitzgibbon - The answer to the honourable member's question is as follows:

1. 2005-06: 2 breaches – 1 x controlled materials and 1 x information security.
   2006-07: 22 breaches – 8 x chemicals, 1 x chemical/military, 11 x military, 1 x telecommunications and 1 x material process.
   2007-08: 17 breaches – 8 x chemicals, 4 x military, 1 x telecommunications, 1 x telecommunications/electronic and 1 x avionics.
   
   These breaches relate to available records from mid-2006. Details of breaches prior to this period are contained in archived paper files and are not readily available.  Were Defence to expend the time or the resources required to provide similar data from 1996-2006, this would delay approval of export permission and exports from Australia.
2. Prosecutions for breaches of Regulation 13E of the Customs Act 1901 are undertaken by the Australian Customs Service. Customs has prosecuted two cases for defence-related goods.
   1. The first offence took place on 13 February 2003 and the hearing was held on 7 February 2006. The defendants were found guilty and fined $13,000 and the goods forfeited to the Crown.
      The second offence took place on or about 1 March 2003 and the hearing was held on 30 May 2006. The defendant was found guilty of five charges but successfully appealed four of the five charges.
   2. The goods involved in both prosecutions mentioned above were military items. For information on the goods involved in other breaches, see (a) above.

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