Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Regulations 1947, enacted by the Governor-General in Council under the Customs Act 1901-1936, address the need to control the export of certain goods that could potentially be harmful to the Commonwealth. This regulation was introduced to provide the Governor-General with the authority to prohibit the exportation of specified goods, either absolutely or under certain conditions and restrictions, to safeguard national interests. The regulations were established in response to the recognised need to regulate and monitor the exportation of goods that could pose a risk or be detrimental to Australia’s economic or security interests. These regulations reflect the policy objective of ensuring that the exportation of potentially harmful goods is adequately controlled to protect the Commonwealth.

Scope and Application

The Customs (Prohibited Exports) Regulations 1947, made under the authority of the Customs Act 1901-1936, apply to any person or entity intending to export specified goods from Australia. The regulations are designed to prevent the export of goods that could be detrimental to the Commonwealth. The specified goods include coir fibre, manufactures of coir fibre, piston rings, and tools of trade, with the export of these items requiring a covering approval from the Prices Commissioner or the Department of Supply and Shipping, as applicable. These regulations extend across the Commonwealth of Australia and are enforced by the Collector of Customs. The regulations amend the Third and Fourth Schedules of the Customs (Prohibited Exports) Regulations, specifying new items for prohibition and removal of others. The scope of the Act is further extended through subordinate instruments, which may include additional amendments and clarifications to the regulations.

Key Provisions

The Regulations under the Customs Act 1901-1936 primarily concern the prohibition of the export of certain goods that could be harmful to the Commonwealth, unless specified conditions or approvals are met. Section 1 amends the Third Schedule by replacing item 77 with a new requirement that an intending exporter of coir fibre and its manufactures must produce a covering approval issued by the Prices Commissioner to the Collector of Customs (item 77C). Additionally, items 81, 83, and 84 are omitted from the Third Schedule, and a new item 12 is added, stipulating that the export of piston rings requires a covering approval from the Department of Supply and Shipping (item 12). Furthermore, Section 2 amends the Fourth Schedule by inserting a new item 10b, which prohibits the export of tools of trade (item 10b). The Act imposes specific obligations on intending exporters of the listed goods. For coir fibre and its manufactures, the exporter must secure a covering approval from the Prices Commissioner. Similarly, for piston rings, the exporter must obtain a covering approval from the Department of Supply and Shipping. These approvals ensure that the export of these goods complies with the regulatory framework designed to protect national interests. Failure to comply with the requirements of these Regulations can lead to serious consequences. While the Regulations themselves do not explicitly state penalties, the Customs Act 1901-1936 provides a framework within which breaches can be prosecuted. Under the Customs Act, unauthorised exportation of prohibited goods can result in criminal charges, with potential penalties including fines and imprisonment. The severity of the penalties may depend on the nature and value of the goods involved and the intent behind the breach.