Statutory Rules
1974 No. 178
REGULATION UNDER THE CUSTOMS ACT 1901-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1974.
Dated this first day of October, 1974.
John R. Kerr
Governor-General.
By His Excellency’s Command,
(Sgd) LIONEL MURPHY
Minister of State for Customs and Excise.
—––––––
Amendment of the Customs (Prohibited Exports) Regulations†
Second Schedule.
The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 1 the following item:—
“1b | Any document that records, or purports to record, the terms of a transaction or arrangement, whether for or purporting to be for the assignment of land or for or purporting to be for any other purpose, made between aborigines in a particular part of Australia and an early settler or explorer in that part of Australia”. |
* Notified in the Australian Government Gazette on 8 October 1974.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No, 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and. 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; and 1973, Nos. 5, 6, 42, 89, 93, 162, 175, 217, 227, 228 and 262.
Printed by Authority by the Government Printer of Australia
16578/74—Price 5c 10/13.9.1974
Overview
Statutory Rules 1974 No. 178, enacted under the authority of the Customs Act 1901-1974, was introduced to address the problem of the illicit export of historical documents that pertain to land transactions or agreements between Indigenous Australians and early settlers or explorers. The regulation, issued by the Governor-General acting on the advice of the Executive Council, was intended to protect Australia's cultural heritage by preventing the unauthorized export of these significant documents. The policy objective of this regulation is to ensure the preservation and accessibility of important historical records within Australia, thereby safeguarding the nation's cultural and historical integrity.
Scope and Application
The Statutory Rules 1974 No. 178, made under the Customs Act 1901-1974, specifically address the Customs (Prohibited Exports) Regulations. These regulations apply to any person or entity attempting to export certain documents that record transactions or arrangements between Aborigines and early settlers or explorers in specific regions of Australia. The geographic reach of this regulation is national, extending to all parts of Australia where such historical transactions may have occurred. There are no explicit exclusions or exemptions stated in the amendment; however, the regulation is limited to documents that meet the specified criteria of recording historical transactions or arrangements. The regulation itself does not mention any subordinate instruments that might further extend or restrict its application.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the Customs (Prohibited Exports) Regulations, specifically the insertion of a new item in the Second Schedule (1). This new item, 1b, introduces a prohibition on the export of any document that records, or purports to record, the terms of a transaction or arrangement made between aborigines in a particular part of Australia and an early settler or explorer in that part of Australia (1b). The amendment aims to control the export of historical documents that may be of cultural or legal significance to Indigenous Australians.
The obligations and requirements imposed by this regulation are primarily directed towards individuals and entities who may be involved in the export of such documents. Exporters must ensure that any documents they intend to export do not fall within the scope of the newly introduced item 1b. This includes verifying the contents and origin of the documents to ascertain whether they record transactions or arrangements between aborigines and early settlers or explorers. Failure to comply with this regulation could result in the seizure of the documents and potential legal consequences.
In terms of penalties and consequences, the regulation does not explicitly state the penalties for breach. However, under the broader Customs Act 1901-1974, unauthorised exports can result in severe penalties. Typically, these may include fines and imprisonment. The exact penalties can vary depending on the severity of the breach and any applicable laws at the time of the offence. It is important to note that the prohibition on the export of these documents is intended to protect cultural heritage and legal rights, and violations can have significant legal repercussions.
In conclusion, this legislative instrument amends the Customs (Prohibited Exports) Regulations by adding a new prohibition on the export of certain historical documents related to transactions or arrangements between aborigines and early settlers or explorers. This amendment imposes obligations on exporters to verify the contents and origin of documents to ensure compliance. While the specific penalties for breach are not detailed in the regulation itself, violations of the Customs Act can result in fines and imprisonment, underscoring the importance of adhering to these regulations to avoid legal consequences.