Customs (Prohibited Exports) Regulations (Cth)

STATUTORY RULES.

1935. No. 2.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1934 *

WHEREAS by section 112 of the Customs Act 1901-1934 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—

(a) being arms, explosive, military stores, or naval stores; or

(b) the exportation of which would, in his opinion, be harmful to the Commonwealth; or

(c) the prohibition of the exportation of which is, in his opinion, necessary for the preservation of the fauna of Australia; or

(d) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease,

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—

(a) the exportation of the goods specified in the Second, Third, Fourth and Sixth Schedules to the following Regulations would be harmful to the Commonwealth; and

(b) the prohibition of the exportation of the goods specified in the Fifth Schedule to the following Regulations is necessary for the preservation of the fauna of Australia;

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 1901-1934.

Dated this Fifteenth day of January, 1935.

(Sgd.) ISAAC A ISAACS

Governor-General.

By His Excellency’s Command,

Customs (Prohibited Exports) Regulations.

Citation.

1. These Regulations may be cited as the Customs (Prohibited Exports) Regulations.

 

* Notified in the Commonwealth Gazette on 1935.

5710.—15/15.1.1935.—Price 5d.

 

Commencement

2. These Regulations shall come into operation on the twenty-fifth day of January, 1935.

Interpretation.

3. In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations.

Export of arms, &c., prohibited except with consent of the Minister.

4. The exportation of the arms, explosives, military stores, and naval stores specified in the First Schedule shall be prohibited, unless the consent in writing of the Minister to the exportation of the goods has first been obtained.

Export of certain goods prohibited.

5. The exportation of the goods specified in the Second Schedule shall be prohibited.

Export of certain goods permitted subject to conditions.

6. The exportation of the goods specified in the Third Schedule shall be prohibited, unless the conditions and restrictions respectively specified in that Schedule opposite to the name or description of those goods are complied with.

Export of certain goods prohibited except with the consent of the Minister.

7. The exportation of the goods specified in the Fourth and Fifth Schedules shall be prohibited, unless the consent in writing of the Minister to the exportation of the goods has first been obtained.

Export to certain countries prohibited, except with the consent of the Minister.

8. The exportation of the goods specified in the Sixth Schedule to the places respectively specified in that Schedule opposite to the name or description of those goods shall be prohibited, unless the consent in writing of the Minister to the exportation of the goods has first been obtained.

 

THE FIRST SCHEDULE

Arms, Explosives, Military and Naval Stores the Exportation of Which is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.	Kind or Description of Goods.
1	Aircraft, assembled or dismantled, and aircraft engines, and spare parts thereof.
2	Appliances for use with arms and apparatus exclusively designed and intended for land, sea or aerial warfare.
3	Bayonets, swords and lances, and component parts thereof.
4	Bombs, bombing apparatus, and component parts thereof.
5	Cannon and other ordnance, and component parts thereof.
6	Carriages and mountings, and accessories for mountings for cannon and other ordnance, and component parts thereof.
7	Cartridges, charges of all kinds, and component parts thereof.
8	Depth charges, apparatus for the discharge of depth charges, and component parts thereof.
9	Explosives of every description.
10	Firearms of every description, and component parts thereof.
11	Fire-control and gun-sighting apparatus, and component parts thereof.
12	Flame-throwers and component parts thereof.
13	Fuses, and component parts thereof.
14	Grenades, and component parts thereof
15	Machine guns, interrupter gears, mountings for machine guns, and component parts thereof.
16	Mines, land or sea, and component parts thereof.
17	Projectiles of all kinds (except air-gun pellets), and component parts thereof.
18	Tanks and armoured cars, and component parts thereof.
19	Torpedo tubes, and other apparatus for discharging torpedoes.
20	Torpedoes, and component parts thereof.

 

THE SECOND SCHEDULE

Prohibited Exports

Item No.	Kind or Description of Goods.
1	Fruit affected with San Jose Scale (Aspidiotus perniciosus).
2	Goods of leather manufacture, when for human wear, containing any proportion of barium sulphate or other barium compounds.
3	Opium, prepared for smoking, including dross and any other forms of charred opium.
4	Preventives of conception, whether medicinal or otherwise, and any literature or advertising matter relating thereto.
5	Seeds and maize contained in second-hand bags.
6	Wine, fortified, which, in the opinion of the Minister, is not of good and merchantable quality.

THE THIRD SCHEDULE.

Goods the Exportation of which is Permitted Subject to Conditions.

Item No.	Kind or Description of Goods.	Conditions and Restrictions.
1	Apples and Pears	The apples and pears shall be shipped in refrigerated space which has been provided for in accordance with an agreement entered into by or on behalf of shippers of the one part and ship-owners or their representatives of the other part and approved by the Australian Oversea Transport Association and the Australian Apples and Pear Export Council.
2	Butter; casein; cheese; cocoa and milk preparations; coffee and milk preparations; cream (pasteurized or sterilized); egg pulp; eggs-in-shell; ghee; margarine; milk—concentrated, condensed, condensed skim, pasteurized or sterilized; dried milk and dried milk products, including dried butter milk, dried skim milk, casein, dried milk food products and malted milk powder; and milk sugar	A permit to export the goods in accordance with the Commerce (Export Dairy Produce) Regulations shall be obtained before the goods are exported.
3	Flour packed in bags or sacks	A statement of the gross or net weight when packed (specified in pounds) shall be conspicuously marked on the bags or sacks in permanent and legible characters, the number of pounds representing the weight being indicated in figures only, followed by the word “gross or “net”, as the case may be.
4	Flour and other food materials	The goods shall not be contained in containers which are soiled, disfigured, or otherwise damaged prior to or during the process of shipping to such an extent that the goods are, in the opinion of an officer, unfit for export.

 

Item No.	Kind or Description of Goods.	Conditions and Restrictions.
5	Fresh fruit, canned fruit, dried fruit, fruit pulp and jam	The goods shall, in the opinion of an officer of the Department of Commerce, be— (a) sound, and not diseased or otherwise in an abnormal condition; (b) prepared, packed or graded in accordance with the Commerce (General Exports) Regulations; (c) contained in packages or containers which are suitable in respect of size, nature, durability and cleanliness; and (d) not likely, for any other reason, to arrive at their destination in a deteriorated condition.
6	Furred Rabbits and Hares	1 The goods, prior to grading, packing and freezing for export, shall have been transported as a hanging load from the trapping ground to the establishment at which, they were graded, packed and frozen. 2. The goods shall have been examined, graded and certified by an officer of the Department of Commerce, in accordance with the provisions of the Commerce (General Exports) Regulations. 3. The goods shall not have been transported from an appointed place under the Commerce (General Exports) Regulations to any other appointed place without being chilled immediately before being so transported. 4.The goods shall not, in the opinion of an officer of the Department of Commerce— (a) have become affected by mould fungus or have deteriorated in any other way since being examined, passed and certified by an officer in accordance with the Commerce (General Exports) Regulations; (b) be frozen insufficiently hard for export; (c) be mis-shapen or improperly packed; (d) be packed in soiled, discolored, or insanitary boxes or crates; or (e) be loaded into any vessel the holds of which are in an insanitary condition.
7	Skinned Rabbits and Hares	1. The goods shall have been examined, graded and certified by an officer of the Department of Commerce in accordance with the requirements of the Commerce (General Exports) Regulations. 2. The goods shall have been skinned in the establishment in which they were graded, packed and frozen. 3. The goods shall not have been transported from an appointed place under the Commerce (General Exports) Regulations to any other appointed place without being chilled immediately before being so transported.

 

The Third Schedule—continued.

Item No.	Kind or Description of Goods.	Conditions and Restrictions.
7	Skinned Rabbits and Hares ―Continued.	4. The goods shall not, in the opinion of an officer of the Department of Commerce— (а) have become affected by mould fungus or have deteriorated in any other way since being examined, passed and certified by an officer in accordance with the Commerce (General Exports) Regulations; (b) be frozen insufficiently hard for export; (c) be mis-shapen or improperly packed; (d) be packed in soiled, discolored or insanitary boxes or crates; or (e) Be loaded into any vessel the holds of which are in an insanitary condition.
8	Boned Rabbit Meat	1. The goods shall have been examined, graded and certified by an officer of the Department of Commerce, in accordance with the provisions of the Commerce (General Exports) Regulations. 2.The goods shall not, in the opinion of an officer of the Department of Commerce— (а) have become affected by mould fungus or have deteriorated in any other way since being examined, passed and certified by an officer; (b) be frozen insufficiently hard for export; (c) be mis-shapen or improperly packed; (d) be packed in soiled, discolored, or insanitary boxes or crates; or (e) be loaded into any vessel the holds of which are in an insanitary condition.
9	Goods packed in a bag or sack	The weight of the goods and the weight of the bag or sack together shall not exceed 200 pounds.
10	Meat, meat products and edible offal	1. The goods shall have been prepared and manufactured under, and conform to, the conditions as to purity, soundness and freedom from disease prescribed by theCommerce (Meat Export) Regulations and have been certified by an officer of the Department of Commerce to be fit for export. 2. The goods shall not, in the opinion of an officer of the Department of Commerce have become affected with mould fungus or have deteriorated in any other way since they were certified to be fit for export. 3. The goods shall not, in the opinion of an officer of the Department of Commerce, be (a) frozen insufficiently hard for export; (b) mis-shapen or improperly packed; (c) wrapped in soiled, discolored or insufficient coverings; (d) loaded into an vessel the holds of which are in an insanitary condition; or (e) stowed in a vessel in an unsatisfactory manner.

 

THE FOURTH SCHEDULE.

Goods the Exportation of which is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.	Kind or Description of Goods.
1	Aboriginal anthological specimens, including articles of ethnological interest
2	Apples, other than apples of the classes, varieties, descriptions and sizes specified in the Third Schedule to the Commerce (General Exports) Regulations.
3	Birds of Paradise and their plumage.
4	“Buck” currants.
5	Cinematograph films produced in Australia.
6	Drugs, as specified hereunder, viz.:— (а) Raw opium; (“Raw opium” includes powdered or granulated opium, but does not include medicinal opium) (b) Medicinal opium; (“Medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances) (c) Morphine and its salts; (d) Esters of morphine, viz.:— (i) diacetylmorphine, its salts, and preparations containing diacetylmorphine or its salts; (ii) other esters of morphine and their salts; (e) Dihydrooxycodeinone; dihydrocodeinone; dihydromorphinone; acetyldihydrocodeinone; dihydromorphine; their esters and the salts of any of these substances and of their esters; (f) Morphine-N-oxide (commonly known as genomorphine); the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives; (g) Ethers of morphine, viz.:— (i) methylmorphine and ethylmorphine and their salts; (ii) other ethers of morphine (including benzylmorphine) and their salts; (h) Crude cocaine; (“Crude cocaine” means any crude extract of the coca leaf which contain cocaine) (i) Cocaine and its salts; (j) Ecgonine and its salts; the esters of ecgonine and their salts; (“Ecgonine” means laevo-ecgonine and all the derivatives of laevo-ecgonine which might serve industrially for its recovery) (k) Thebaine and its salts; (l) Coca leaves; (“Coca leaves” means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation) (m) Indian hemp; (“Indian hemp” means the dried flowering or fruiting tops of the pistillate plant (known as Cannabis Sativa) from which the resin has not been extracted, by whatever name such tops are called) (n) Galenical preparations (extract and tincture) of Indian hemp; (o) Resin obtained from Indian hemp and ordinary preparations of which suchresin forms the base (such as hashish, esrar, chiras, djamba); (p)any solution or dilation of morphine or cocaine or their salts in an inert substancewhether liquid or solid, containing any proportion of morphine or cocaine;

 

The Fourth Schedule—continued.

Item No.	Kind or Description of Goods.
6	Drugs—continued. (q) all preparations containing more than 0.2 per centum of morphine or more than 0 1 per centum of cocaine; (r) any preparation containing any proportion of any of the substances referred to in sub-paragraph (ii) of paragraph (d), paragraphs (e) and (f), sub-paragraph (ii) of paragraph (g) and paragraphs (j) and (k) of this item; (s) any other derivative of morphine or cocaine or of any salts of morphine or cocaine, or any other alkaloid of opium or any other drug of whatever kind which, in the opinion of the Minister, is or is likely to be productive, if improperly used, or is capable of being converted into a substance which is or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine.
7	Oysters, namely, live pearl shell oysters.
8	Skeletons or parts of skeletons of Australian or Tasmanian aboriginals.
9	Stud sheep.
10	Sugar.
11	Wine, fortified, which is less than six months old.

THE FIFTH SCHEDULE.

Fauna the Exportation of which is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.	Kind or Description of Goods.
1	Animals and the skins thereof, other than domestic animals and the skins thereof.
2	Birds and the plumage, skins, eggs and egg-shells thereof.

THE SIXTH SCHEDULE.

Goods the Exportation of which to Certain Places is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.	Kind or Description of Goods.	Places.
1	Beverages, distilled, containing essential oils or chemical products which are recognized as injurious to health, trade spirits of all kinds, and any beverages mixed with trade spirits.	Africa, other than Algiers, Tunis, Morocco, Libya, Egypt and the Union of South Africa.
2	Coins, silver, minted in the Commonwealth.	New Zealand.
3	Flour...........................................................................	Eastern Canada.
4	Fruit and vegetables (other than dried, canned, pickled, pulped or bottled fruit and vegetables).	New Zealand.
5	Pork, veal, mutton, lamb and beef.........................	The United Kingdom.

 

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