Customs (Prohibited Imports) Regulations (Cth)

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STATUTORY RULES.

1934. No. 152

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1934.*

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 6th June day of 1934.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

____________

Customs (Prohibited Imports) Regulations.

Citation.

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

Commencement.

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

Goods the importation of which is prohibited.

3. The importation of the goods specified in the First Schedule to these Regulations shall be prohibited.

Goods the importation of which is prohibited except with the consent of the Minister.

4. The importation of the goods specified in the Second Schedule to these Regulations shall be prohibited unless the consent in writing of the Minister to the importation of the goods has first been obtained.

Goods the importation of which is prohibited except subject to conditions or restrictions.

5. The importation of the goods specified in the Third Schedule to these Regulations shall be prohibited unless the conditions and restrictions respectively specified in that Schedule opposite to the name or description of those goods have been complied with.

* Notified in the Commonwealth Gazette on  1934.

5650—15/4.12.1934.—price 8d.

 

THE FIRST SCHEDULE.

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Goods the Importation of which is Prohibited.

Item No.

Name or Description of Goods.

1

Absinthe

2

Advertising matter relating to any goods the importation of which is prohibited

3

Animals of the following species, namely—ferrets, stoats and weasels

4

Apperins, being a substitute for hops

5

Appliances “J. B. L. Cascade” whether described by that name or any other name

6

Articles or preparations known and described as “Daliebes”, “Dalichas Dawn”, “Daliches Pubes”, “Cowhage”, “Cawitch”, “Juskpulver”, “Cachso”, or “Electric Snuff”, whether described by these names or by any other names and all articles and preparations of a similar character

7

Articles comprising the treatment for catarrh, catarrhal deafness and head raises, supplied by the Dr. W. O. Coffee Company, Iawa, United States of America, or by the Dr. W. O. Coffee Company, Ontario, Canada

8

Bank Notes, imitation, and all articles which, not being bank notes, so nearly resemble bank notes as to be likely to deceive

9

Beerine, being a preparation captaining picric acid and used in the manufacture of beverages

10

Bombs, “Balkan” or “Suffragette”, whether described by these names or by any other names and all articles of a similar character

11

Brandy, imitation, including—

(a) all spirits, not being brandy distilled wholly from grape wine, which are described as eau de vie, cognac, or by any other name or description, usually applied to brandy; and

(b) all spirits, not being brandy distilled wholly from grape wine, which are coloured and flavoured so as to resemble brandy or so as to be likely to pass for brandy

12

Cigars and cigarettes containing explosive substances

13

Crystals, hypnotic or gazing; crystal balls for clairvoyant crystal gazing: mysterious lucky stones; oriental lucky stones; mysterious crystals; and all similar articles, whether described by the names specified or by any other names

14

Essences of lager beer

16

  • Essence of port, essence of sherry and any

     kind of wine essence, aroma or flavour, whether natural or artificially compounded

16

Goods bearing the word “Anzac” or any word resembling the word “Anzac”

17

Goods manufactured by any manufacturer who employs prison labor, which are of a like character to—

(a) any goods, manufactured by such manufacturer, manufactured wholly or in part by prison labour; or

(b) any goods, manufactured by such manufacturer, made wholly or in part within or in connexion with any prison, goal, or penitentiary

18

Goods which, in the opinion of the Minister, are weapons of a dangerous character and a menace to the community

19

Goods (other than sugar) packed in a bag or sack if the weight of the goods and the weight at the bag or sack together exceed two hundred pounds

20

Hop aromas, hop bouquets, hop essences, hop extracts, hop flavors, hop oil and any articles of a like nature, and any substitutes for or imitations of any such articles, whether simple or compounded in any manner with other material, and being capable of use in the making of beer or in any brewing process or for addition to beer

21

Leather, or manufactures thereof, when for human wear, containing any proportion of barium sulphate or other barium compounds

22

Matches and vestas containing the substance usually known as white or yellow phosphorus

23

Medicines, homeopathic, manufactured by Count Cesar Mattei, Italy

24

Medical preparations purporting to be a remedy for drunkenness, alcoholic habit, opium habit, tobacco habit, cocaine habit, or any other drug habit

25

Opium prepared for smoking, including dross and any other form of charred opium

26

Pipes for use in opium smoking and all parts of and accessories to such pipes

27

Silencers, maxim, and other similar silencers for use with firearms

28

Sugar packed in a bag or sack, if the weight of the sugar and the weight of the bag or sack together exceed two hundred pounds, and the bag or sack, in regard to unshipment, must necessarily be carried on the back of the person employed in handling it

 

THE SECOND SCHEDULE.

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Goods the Importation of which is Prohibited Except with the Consent of the Minister.

Item no.

Name or Description of Goods.

1

Alsatian dogs

2

Ammunition for rifles of .303 inch calibre

3

Bags, bran, of a net weight of less than twenty ounces each

4

Belts, electric or magnetic, or any belt or any article of wearing apparel or article for toilet use or any other appliance or preparation which is alleged or intended to produce a therapeutic effect by electric or magnetic influences, or by the presence of radio-active elements

5

Birds of all kinds

6

Cornsacks, second hand

7

Drugs as specified hereunder, viz :—

(a) 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) Dihydrooxycodeinene; dihydrocodeinone; dihydromorphinane, acetyl-dihydrocodeinane; dihydromorphine; their esters and the salts of any of these substances and of their esters;

(f) Morphine N-oxide (commonly known as genamorphine); 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 benzylmorphins) and their salts;

(h) Crude cocaine;

(“Crude cocaine” means any crude extract of the coca leaf which contains cocaine.)

(i) Cocaine and its salts;

(j) Ecgonine and its salts; the esters of ecgonine and their salts;

(“Ecgonine” means leava ecgonine and all the derivatives of leava-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 crythrozylaceae 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 such resin forms the base (such as hashish, carar, chiras, djamba);

(p) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid; containing any proportion of morphine or cocaine;

(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 subparagraph (ii) of paragraph (d), paragraphs (e) and. (f), sub-paragraph (ii) of paragraph (g) and paragraphs (j) and (k) of this Item

 

The Second Schedule-continued.

Item No.

Name or Description of Goods

7

Drugs as specified, &c—continued

(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 pro-ductive, if improperly used, or is capable of being converted into substance which is or is likely to be productive, if improperly used, of ill affects substantially of the same character or nature as or analogous to those produced by morphine or cocaine

8

Dyestuffs, other than of British origin, namely:—All synthetic organic dyestuffs, colours and colouring matters and all organic intermediates used in the manufacture of such dyestuffs, colours and colouring matters

9

Essences of whisky, rum, brandy, cognac, maraschino, absinthe, curacao, gin, hollands, kirsch, kirschwasser, and oil of cognac and any similar artificial aromas or essences

10

Gas, chemical warfare (known as tear gas) and devices and apparatus designed for use therewith

11

Glass, plain clear sheet

12

Golden syrup

13

Goods to which, or to the coverings of which, there is applied a representation of the Arms or a Flag of the Commonwealth or a representation as nearly resembling the Arms or a Flag of the Commonwealth as to be likely to deceive

14

Literature wherein is advocated—

(a) the overthrow by force or violence of the established government of the Commonwealth or of any State or of any other civilized country;

(b) the overthrow by force or violence of all forms of law;

(c)the abolition of organized government

(d) the assassination of public officials; or

(e) the unlawful destruction of property; or

literature wherein a seditious intention (as defined by section 24a of the

Crimes Act 1914-1932) is expressed or a seditious enterprise advocated

15

Medicinal preparations, known as “Cantassium”, whether described by that name or any other name

16

Pistols, including any lethal weapon ordinarily capable or being carried concealed on the person and from which any shot, bullet or missile can be discharged

17

Rifles of .303 inch calibre and any parts thereof

18

Silver, coined, imported from New Zealand

19

Sugar, namely:—cane sugar and beet sugar

20

Treacle

THE THIRD SCHEDULE.

Goods the Importation of which is Prohibited except Subject to Conditions or Restrictions.

Item No.

Name or Description of Goods.

Conditions and Restrictions.

1

Aircraft of any kind....................................................

A certificate of airworthiness issued or validated by a country which is a party to the Convention for the Regulation of Aerial Navigation, dated the thirteenth day of October, 1919, shall be produced to the Collector

2

Article to which, or to any covering or container of which, there is applied any marking (including, in addition to words, any application, abbreviation or any substitute for words in a language other than the language ordinarily used by the people of the country of origin of the goods

There shall be applied to such article or to any such covering or container thereof, as the case may be, in conjunction with the marking referred to, wherever such marking, appears, and in conspicuous and legible characters, a definite qualifying statement in the English language indicating the country in which the articles were made or produced:

Provided that if the Minister directs that the application of such a statement to any particular articles, coverings or containers is unnecessary, the application of such a statement shall not be required in the case of those goods.

 

THE Third Schedule—continued.

Item No.

Name or Description of Goods.

Conditions and Restrictions.

3

Cinematograph films and advertising matter in relation thereto. (“Film” includes any positive or negative, and any reconstruction thereof and “advertising matter” includes posters, photographs, sketches, programmes, slides, and other similar articles, intended for use in connexion with the exhibition of films)

1. The film shall be registered in accordance with the provisions of the Customs (Cinematograph Films) Regulations.

2 The consent in writing of the Minister or the Censorship Board constituted under regulation 5 of the Customs (Cinematograph Films) Regulations to the importation of the film or advertising mutter shall first be obtained

3.The importer shall give security tothe Comptroller in accordance with Form 5 in the Schedule to the Customs (Cinematograph Films) Regulations and in such amount as the Comptroller fixes for compliance with the conditions specified in that Form

4. One copy of each piece of advertising matter shall be deposited with the Censorship Board

4

Cornsacks.....................................................

The cornsacks shall comply with the undermentioned standard, and the bales containing those cornsacks shall be plainly branded or marked with the trade name, measurement, weight, porter and shot of the cornsacks contained therein

Standard for cornsacks;—

Size—11 inches by23 inches

Weight when baled—2½ pounds

Substance—3 porter, 9 shot

5

Eggs (not in shell), in liquid form, whites and yolks combined, and whites and yolks separately, when imported for use in articles of foods

A certificate to the satisfaction of the Collector from the Health authority of the district in which the material is prepared that the eggs used are clean and sound, and that the material is prepared and packed under such conditions as to premises and methods as are considered hygienically satisfactory and that such material is free from preservative shall be produced to the Collector

6

Goods to which is attached the seed of any plant the importation of which is prohibited under the Quarantine Act 1908-1924

The goods shall be treated to the satisfaction of the Chief Quarantine Officer (Plants Division) of the State into which it is proposed to import them, for the purpose of rendering the seed ungerminative and the expenses of treatment and of the supervision of treatment, shall be borne by the importer

7

Lead, organic compounds of for use in internal combustion engines

The compounds shall be shipped in containers built so strongly as to prevent the possibility of breakage and' leakage of the contents and each container shall be clearly labelled or marked indicating that the contents are poisonous, and that every care must be taken to prevent the liquid from coming into contact with the skin of man and to prevent the possibility of inhalation of vapours from the liquid.

8

Manure containing: calcium cyanamide or, arsenic, or any other irritant poisonous sub-stance or any other similar poisonous substance in a proportion sufficient to render the measure poisonous if inhaled or if deposited on the mucous membranes or the skin of man

The manure shall be so packed as to allow of the packages being handled without escape of any of the contents thereof. In the case of manure containing calcium cyanamide or, any other similar poisonous substance in such a proportion as is specified in the second column of this Schedule, each package shall be plainly labelled or marked with a statement that it contains a poison and that care must be taken to prevent it from being inhaled or deposited on the mucous membranes or the skin of man

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