STATUTORY RULES.
1939. No.
——
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 authorise 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 the goods specified in regulation 2 of the following Regulations would be harmful to the Commonwealth, and that the exportation of the goods specified in regulation 3 of the following Regulations would be harmful to the Commonwealth unless the exportation of the goods were subject to the condition specified in that regulation:
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-fifth day of August, 1939.
(sgd.) Gowrie.
Governor-General.
By His Excellency’s Command,
(sgd.) Percy C. Spender
For Minister of State for Trade and Customs.
Notified in the Commonwealth Gazette on 1939.
CUSTOMS (EXPORT OF MONEY PROHIBITION) REGULATIONS.
Citation.
1. These Regulations may be cited as the Customs (Export of Money Prohibition) Regulations.
Prohibition of exportation of notes.
2. The exportation (except by the Commonwealth Bank of Australia) of notes issued in pursuance of the Australian Notes Act 1910-1914 or in pursuance of Part VIA of the Commonwealth Bank Act 1911-1932 is prohibited.
Prohibition of exportation of gold.
3. The exportation of any gold by any person other than the Commonwealth Bank of Australia is prohibited unless the approval of the Treasurer has first been obtained.
Overview
The Customs (Export of Money Prohibition) Regulations 1939, made under the Customs Act 1901-1936, were enacted to address the problem of the potential harmful effects of the exportation of Australian currency and gold on the Commonwealth’s economy. The Customs Act 1901-1936 empowered the Governor-General to prohibit the exportation of any goods deemed harmful, and these regulations were introduced in response to such concerns during a period of economic instability. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and their objective was to safeguard the nation's financial resources by restricting the unauthorised exportation of Australian currency notes and gold.
Scope and Application
The Customs (Export of Money Prohibition) Regulations, made under the Customs Act 1901-1936, pertain to the prohibition of exporting certain monetary goods that could be detrimental to the Commonwealth. These regulations apply to any person or entity except the Commonwealth Bank of Australia, whose exportation of Australian notes and gold is restricted under these regulations. The geographic scope of these regulations is national, as they pertain to the entire Commonwealth of Australia. The regulations are designed to prevent the exportation of notes issued under the Australian Notes Act 1910-1914 or Part VIA of the Commonwealth Bank Act 1911-1932, except through the Commonwealth Bank of Australia. Additionally, the exportation of gold is prohibited unless the Treasurer has granted approval. These regulations, while primarily focused on the exportation of monetary goods, are an essential part of maintaining economic stability within the Commonwealth.
Key Provisions
The Customs (Export of Money Prohibition) Regulations outline specific prohibitions on the exportation of certain goods, namely Australian currency notes and gold. Section 2 of the Regulations explicitly prohibits the exportation of any notes issued under the Australian Notes Act 1910-1914 or Part VIA of the Commonwealth Bank Act 1911-1932, with the sole exception being the Commonwealth Bank of Australia. This means that any entity other than the Commonwealth Bank is strictly forbidden from exporting these currency notes. Section 3 of the Regulations similarly prohibits the exportation of any gold by any person other than the Commonwealth Bank, but with an additional condition that the approval of the Treasurer must be obtained before such exportation can occur.
These Regulations impose clear obligations on individuals and entities concerning the export of specific goods. Primarily, they require that any attempt to export Australian currency notes or gold must be conducted by the Commonwealth Bank of Australia. For all other entities, any attempt to export these goods will be considered a breach of the Regulations. Furthermore, for those wishing to export gold, an additional step of obtaining the Treasurer's approval is mandated before any such export can be legally undertaken.
The Regulations also stipulate the consequences for breaching these provisions. Any person or entity found in violation of Section 2 or Section 3 is subject to criminal penalties, as these actions constitute offences under the Customs Act 1901-1936. The specific penalties for these offences are not detailed within the Regulations themselves but would typically be prescribed under the overarching Customs Act, which could include fines and/or imprisonment. The seriousness of these penalties underscores the importance of adhering to the stipulated export restrictions.