Customs (Overseas Exchange) Regulations (Cth)

STATUTORY RULES.

1939. No. 101.

————

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is amongst other things provided that the Governor-General may, by regulation, prohibit the exportation of any goods the exportation of which would, in his opinion, be harmful to the Commonwealth, and that the said power of prohibition shall extend to authorize the prohibition of the exportation of goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas I am of opinion that the exportation of any goods (other than goods excepted from the application of the following Regulations) would be harmful to the Commonwealth unless the goods were exported in accordance with the following Regulations:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1936.

Dated this twenty-second day of September, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN N. LAWSON,

Minister of State for Trade and Customs.

———

Customs (Overseas Exchange) Regulations.

Short title.

1. These Regulations may be cited as the Customs (Overseas Exchange) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“licence” means a licence granted in pursuance of these Regulations;

“licensee” means a person to whom a licence is granted;

“licensing officer” means an officer authorized by the Minister to act as a licensing officer for the purposes of these Regulations;

“the Bank” means the Commonwealth Bank of Australia established by the Commonwealth Bank Act 1911-1932, and includes an agent of the Bank appointed in pursuance of these Regulations;

“the Board” means the Board of Directors appointed in pursuance of the Commonwealth Bank Act 1911-1932;

“the Schedule” means the Schedule to these Regulations.

*Notified in the Commonwealth Gazette on 25th September, 1939.

2002.—Price 5d.

Prohibition of exports.

3. The exportation of any goods shall be prohibited unless—

(a) a licence to export the goods is in force and the terms and conditions (if any) to which the licence is subject are complied with; or

(b) the goods are excepted from the application of these Regulations.

Application of Regulations.

4. These Regulations shall apply with respect to the exportation of any goods notwithstanding that a licence or other authority for the exportation of the goods is in force under the provisions of any other law.

Saving of other laws.

5. The grant of a licence under these Regulations with respect to any goods or the exception of any goods from the application of these Regulations shall not absolve any person from the obligation to comply with the provisions of any other law relating to the exportation of goods.

Classes of licence.

6.—(1.) A licence under these Regulations may be—

(a) an ordinary licence; or

(b) a special licence.

(2.) An ordinary licence shall be a licence to export the particular goods specified in the licence in the quantities, in the ship and from the port so specified.

(3.) A special licence shall be a licence to export goods of a class or kind specified in the licence from a port and not later than a date so specified.

Grant of special licences limited.

7. A special licence shall be granted only to a person regularly and frequently engaged in the business of exporting goods and, unless the Minister otherwise determines, every special licence shall be subject to the condition that in all shipping documents in respect of goods to which the licence relates the Bank is to be specified as the person to whom or to whose order the goods are to be delivered.

Applications for licences.

8.—(1.) Any person desiring to export goods not excepted from the application of these Regulations shall make application for a licence to export the goods.

(2.) An application for an ordinary licence shall be in accordance with Form A in the Schedule.

(3.) An application for a special licence shall be in accordance with Form B in the Schedule.

(4.) An application for a licence shall be delivered in triplicate to a licensing officer at the port at which it is proposed to export the goods:

Provided that where, in any particular case, the Minister so approves, the application may be delivered to the Comptroller-General of Customs.

Additional information.

9. Every applicant for a licence shall supply to a licensing officer such information additional to that required in accordance with the relevant Form in the Schedule as the licensing officer requires.

Licences.

10. The Minister may grant a licence in respect of all the goods included in an application made in accordance with these Regulations or in respect of part only of such goods or may refuse to grant any application.

Terms and conditions of licences.

11.—(1.) Except as provided in sub-regulation (2.) of this regulation, and subject to regulation 7of these Regulations, a licence shall be subject to the following terms and conditions:—

(a) Forthwith on obtaining any shipping documents relative to any goods to which the licence relates, the licensee shall deliver the shipping documents to the Bank.

(b)Shipping documents delivered in respect of any goods in accordance with paragraph (a) of this sub-regulation shall be accompanied by—

(i) the bill of exchange (if any) for the value of the goods drawn upon the person outside Australia from whom payment for the goods is to be received, or, if a bill of exchange is so drawn for portion only of the value of the goods, that bill of exchange; and

(ii) where there is a bill of exchange for portion only of the value of the goods or no bill of exchange, authority in writing to the Bank to deliver the documents to a person specified in the authority and in accordance with such terms and conditions as are approved by the Bank and specified in the authority.

(c) Where documents delivered in accordance with paragraph (a) of this sub-regulation are accompanied by a bill of exchange for portion only of the value of the goods, the licensee shall indicate accordingly on the invoice in respect of the goods and deliver to the Bank a direction to the drawee of the bill of exchange to pay to the Bank all further net proceeds of the sale of the goods and at the time of payment to furnish to the Bank a statement of account in respect of the sale.

(d) Where shipping documents delivered in accordance with paragraph (a) of this sub-regulation are not accompanied by a bill of exchange for the value or portion of the value of the goods to which the shipping documents relate and payment for the goods is to be received, the licensee shall deliver with the documents an order requiring the person to whom the documents are to be delivered to pay the net proceeds of the sale of the goods to the Bank and at the time of payment of those proceeds to furnish to the Bank a statement of account in respect of the sale.

(e) No claim, action or proceeding shall be made or brought by the licensee against the Bank or any officer of the Bank, and the licensee shall indemnify the Bank against any claim, action or proceeding made or brought by any other person against the Bank or any officer of the Bank, in respect of any loss or damage arising out of any dealing with any documents delivered to the Bank in accordance with paragraph (a) of this sub-regulation.

 

(2.) Subject to regulation 7 of these Regulations, a licence may be subject—

(a) in addition to the terms and conditions specified in sub-regulation (1.) of this regulation, to such further terms and conditions (if any) as the Minister determines; or

(b) tosuch terms and conditions other than those so specified as the Minister determines,

or may be free from terms and conditions.

(3.) The Minister may vary or modify the terms and conditions of any licence and may order that a licence granted free from terms and conditions shall be subject to such terms and conditions as he determines

(4.) Where—

(a) shipping documents delivered in accordance with paragraph (a) of sub-regulation (1.) of this regulation are not accompanied by a bill of exchange for the value, or portion of the value, of the goods to which the shipping documents relate;

(b)payment for the goods has already been received or no such payment is to be received; and

(c) unless the Board, or an officer of the Commonwealth Bank of Australia thereto authorized by the Board, determines that it is not necessary to do so, the licensee has sold to the Bank overseas funds, or has made provision satisfactory to the Bank for the sale to the Bank of overseas funds, equivalent to the value of the goods,

the Bank may endorse the bill of lading in respect of the goods to the licensee and deliver it to him.

(5.) On receipt by the Bank of the net proceeds of the sale of any goods exported in pursuance of a licence granted under these Regulations, the Bank shall forthwith pay to the licensee an amount equal to the value of the proceeds converted into Australian currency at the rate of exchange fixed by the Board.

(6.) In this regulation, “overseas funds” means funds or credit in the currency of any country other than Australia.

Revocation of licences.

12. The Minister may revoke any licence.

Delegation of powers by Minister.

13.—(1.) The Minister may by writing under his hand delegate to any licensing officer all or any of his powers of granting, refusing to grant and revoking licences and of approving, determining, varying and modifying the terms and conditions of licences so that the delegated powers may be exercised by the delegate.

(2.) An appeal shall lie to the Minister from any decision of a licensing officer in pursuance of any power delegated to him by the Minister.

(3.) The decision of the Minister in any such appeal shall be final.

(4.) Every delegation under this regulation shall be revocable at will and no delegation shall prevent the exercise of any power by the Minister.

Exceptions.

14.—(1.) The Minister may except from the application of these Regulations any goods or any classes of goods.

(2.) Without prejudice to the generality of sub-regulation (1.) of this regulation, the exception of any goods from the application of these Regulations may be limited to—

(a)any goods intended solely for use or consumption in any place specified by the Minister; or

(b) any goods to be exported in a manner, or at or within a time, so specified.

(3.) The Minister may vary or revoke, any exception made in pursuance of this regulation.

Security.

15.—(1.) Before any licence is issued under these Regulations, the applicant for the licence shall, if required so to do by the licensing officer, give security for compliance with the terms and conditions of the licence and the requirements of these Regulations.

(2.) Unless in any case some other security is accepted as sufficient by the licensing officer, any security required to be given under this regulation shall be by bond in accordance with Form C in the Schedule, executed in favour of His Majesty the King by the applicant and by one or more sureties to be approved by the licensing officer, and conditioned for the compliance by the licensee and all other persons bound thereby with the terms and conditions of the licence and the requirements of these Regulations.

(3.) Any bond or other security given in respect of a licence shall, unless the licensing officer otherwise determines, be for a sum equal to twice the estimated value of the goods to which the licence relates, at the time and place of export.

Agents of Bank.

16.—(1.) The Board may appoint any person to be the agent of the Bank for the purposes of these Regulations.

(2.) Any person appointed to be an agent of the Bank shall carry out his duties as agent in accordance with, and shall comply with, such instructions, directions and requirements as are issued or made by the Board, or by an officer of the Commonwealth Bank of Australia thereto authorized by the Board.

 

THE SCHEDULE.

——

Commonwealth or Australia.

Customs Act 1901-1936.

Customs (Overseas Exchange) Regulations.

Regulation 8. Form A

APPLICATION FOR AN ORDINARY LICENCE TO EXPORT GOODS.

To the Collector of Customs at

Full name of applicant.

Occupation.

Address.

Bank or other agent in Australia of the Commonwealth Bank to which shipping documents are to be delivered.

(name) (place)

Name of ship by which goods to be exported.

Projected date of sailing.

Place to which goods to be exported—

(a) Port of discharge;

(b) Name and address of consignee.

State whether goods—

*(a)will be exported on consignment for sale overseas;

*(b) will have been sold to the overseas purchaser prior to exportation;

*(c) have been purchased in Australia for exportation by an overseas purchaser who has already remitted the purchase price to Australia.

If (a), (b) and (c) are not applicable, indicate purpose of exportation.

 

I, the above-named applicant, hereby apply for an ordinary licence to export from  the goods described below:—

Marks and Numbers on Packages. Number and Description of Packages. Description of Goods. Quantities. Value of Goods (Australian currency).‡

I hereby declare that the particulars shown in this application are true and correct in every respect.

Signature of applicant.

Date of application.

 

* Strike out if not applicable.

  Here insert name of port.

‡ If (b) or (c) above is applicable, state the purchase price. Otherwise, state the estimated realizable value.

———

Commonwealth of Australia.

Customs Act 1901-1936.

Customs (Overseas Exchange) Regulations.

Regulation 8. Form B.

APPLICATION FOR A SPECIAL LICENCE TO EXPORT GOODS.

To the Collector of Customs at

Full name of applicant.

Occupation.

Address.

Bank or other agent in Australia of the Commonwealth Bank to which shipping documents are to be delivered.

(name) (place)

I, the above-named applicant, being a person regularly and frequently engaged in the business of exporting goods, hereby apply for a special licence to export from*  the following classes or kinds of goods :—

to the following countries:—

In the event of any licence being granted on this application, I undertake to comply with all the terms and conditions to which the licence is for the time being subject, and also to comply with the requirements of the Customs (Overseas Exchange) Regulations.

I further undertake that, in all shipping documents in respect of goods to which any licence granted on this application relates, the Commonwealth Bank of Australia, or an agent of that Bank, will, unless the Minister otherwise determines, be specified as the person to whom or to whose order the goods are to be delivered.

I hereby declare that the particulars shown in this application are true and correct in every respect.

Signature of applicant.

Date of application.

 

* Here insert name of port.

  The specific nature of the goods should be shown.

Commonwealth of Australia.

Customs Act 1901-1936.

Customs (Overseas Exchange) Regulations.

Regulation 15. Form C.

BOND.

Know all men by these presents that we [full name of licensee], of [address], [occupation], (hereinafter called “the licensee”) and [full name of first surety], of [address], [occupation], and [full name of second surety], of [address], [occupation], are jointly and severally held and firmly bound unto His Majesty King George the Sixth in the sum of pounds, to be paid to His Majesty and his successors, for which payment to be well and truly made we find ourselves jointly and each of us severally and respectively, our and each of our executors and administrators, firmly by these presents.

Sealed with our seals and dated this day of 19

Whereas the above-bounden licensee has made an application dated the day of , 19 , for a licence to export goods under the Customs (Overseas Exchange) Regulations.

Now the condition of the above-written bond or obligation is that if the licensee and all other persons bound thereby shall punctually and faithfully observe and comply with the terms and conditions of the licence and with all the requirements of the Customs (Overseas Exchange) Regulations, relating to such licence, then this bond shall be void and of no effect, but otherwise the same shall remain in full force and effect:

Provided always that no extension of time or other indulgence granted to the licensee for compliance with any conditions of the licence or with any requirements of the said Regulations, and no neglect or forbearance to enforce such compliance, shall in any way release any person hereby bound, his executors or administrators, from his or their liability hereunder, and no waiver of any one or more of the said conditions or requirements shall affect the liability of the licensee or any other person hereby bound, his or their respective executors or administrators, from his or their liability hereunder.

Signed, sealed and delivered by the said

[Licensee] in the presence of—

Signed, sealed and delivered by the said

[First Surety] in the presence of—

Signed, sealed and delivered by the said

[Second Surety] in the presence of—

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra