Customs (Prohibited Exports) Regulations (Amendment) (Cth)

STATUTORY RULES.

1938. No. 86.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is 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 whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the 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 it is provided by section 17 of the Acts Interpretation Act 1901-1937 that the expression “the Governor-General” in any Act includes the person for the time being administering the Government of the Commonwealth, acting with the advice of the Federal Executive Council:

And whereas I am of opinion that, except as provided by regulation 3 of the Regulations hereunder, the exportation of haematite (other than micaceous haematite) and magnetite would be harmful to the Commonwealth:

And whereas I am of opinion that the exportation of iron bearing minerals (other than those the exportation of which is absolutely prohibited), except with the consent of the Minister, would be harmful to the Commonwealth:

Now therefore I, the Administrator of the Government of 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-fourth day of August, 1938.

HUNTINGFIELD

Administrator.

By His Excellency’s Command,

J. A. PERKINS

Acting Minister of State for Trade and Customs.

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Amendments of the Customs (Prohibited Exports) Regulations. 

Second Schedule.

1. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 2a and inserting in its stead the following item:—

“2a Haematite (other than micaceous haematite) and magnetite.”.

Fourth Schedule.

2. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 6 the following item:—

“6a Iron-bearing minerals (other than those the exportation of which is absolutely prohibited under item 2a in the Second Schedule to these Regulations).”.

Exportation of certain haematite or magnetite may be permitted.

3.Notwithstanding anything in regulation 1 of these Regulations, where the Minister is satisfied—

(a) that any person or persons had, prior to the nineteenth day of May, 1938, entered into a contract or contracts to export haematite (other than micaceous haematite) or magnetite from the Commonwealth;

(b) that part only of the haematite or magnetite which each such person was required to export, in pursuance of the contract, was exported prior to the first day of July, 1938; and

(c) that the remainder of the haematite or magnetite required to be exported in pursuance of all such contracts does not exceed 150,000 tons,

the Minister may permit the exportation of the remainder of the haematite or magnetite not later than the thirty-first day of December, 1938, provided that the remainder does not exceed 150,000 tons.

Repeal.

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