Statutory Rules
1978 No. 58
REGULATION UNDER THE CUSTOMS ACT 1901*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901.
Dated this twenty-sixth day of April 1978.
Governor-General
By His Excellency’s Command,
Minister of State for Business and Consumer Affairs
—–––––
AMENDMENT OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS†
Second Schedule Part 1
Part 1 of the Second Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following item:
“ 14 | Tokens made or issued in Australia for use instead of coins, being tokens that appear, whether by reason of the dates on the tokens or otherwise, to have been made before 1901, or facsimiles or imitations of, or dummies representing, such tokens.”. |
* Notified in the Commonwealth of Australia Gazette on 2 May 1978.
† Statutory Rules 1958, No. 5 as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 123; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 100 and 121; 1972, 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974, Nos. 46, 157, 178 and 250; 1975, Nos. 19, 44, 45, 173 and 224; 1976, Nos. 169 and 233; and 1977, No. 89.
Printed by Authority by the Commonwealth Government Printer
17333/77 Cat. No.—Recommended retail price 10c 12/21.12.1977
Overview
The Customs (Prohibited Exports) Regulations were enacted in 1978 by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, in order to address the issue of controlling the export of culturally significant items, including tokens that appear to have been made or issued before 1901. This regulation was made under the Customs Act 1901 and was designed to protect Australia's historical heritage by preventing the unauthorised export of culturally significant items. The policy objective is to ensure that such items remain within Australia to be preserved and appreciated by its citizens and visitors. The regulation adds to the existing list of prohibited exports by including tokens that are either made or issued in Australia for use instead of coins, or that appear to be facsimiles, imitations, or dummies of such tokens, thereby extending the scope of protection to these historically significant items.
Scope and Application
The Statutory Rules 1978 No. 58, made under the Customs Act 1901, serve to amend the Customs (Prohibited Exports) Regulations by adding a new item to the list of prohibited exports. Specifically, the amendment pertains to tokens made or issued in Australia for use in lieu of coins, which appear to have been made before 1901 or are facsimiles, imitations, or dummies of such tokens. This regulation applies to any person or entity attempting to export these specified tokens, effectively extending to all industries and transactions involving the export of these items. The geographic reach of this regulation is national, applying uniformly across all states and territories of Australia. There are no exclusions, exemptions, or specific thresholds outlined in this regulation; it broadly targets the export of the described tokens without exception. This amendment is part of a broader set of regulations designed to control and manage the export of certain goods, ensuring compliance with national policies and standards.
Key Provisions
The main operative sections of this legislation, as represented in the Second Schedule Part 1 of the Customs (Prohibited Exports) Regulations, introduce a new prohibition on the export of tokens made or issued in Australia that either appear to have been made before 1901 or are facsimiles, imitations, or dummies of such tokens. Specifically, section 14 of the amendment (1) adds this new category of prohibited exports to the existing list. This means that any tokens meeting the criteria outlined in this section are now subject to export restrictions under the Customs Act 1901. These tokens could include historical replicas or reproductions that resemble Australian tokens from before 1901, as well as any items that mimic these tokens in appearance or function.
Entities or individuals governed by this Act are required to comply with the new export restrictions on these tokens. This includes ensuring that any such tokens are not exported without the necessary permits or approvals from the relevant authorities. The Act imposes an obligation on exporters to verify the nature and origin of the tokens they intend to export, to ensure that they do not inadvertently breach the new prohibitions. This verification process may involve detailed examination and documentation to confirm that the tokens do not fall within the scope of the new regulations.
Failure to comply with the export restrictions outlined in the Act can result in significant legal consequences. Offences under this regulation can lead to both civil and criminal penalties. The specific penalties are not detailed within the text provided, but under the broader framework of the Customs Act 1901, breaches can result in substantial fines and, in more severe cases, imprisonment. The maximum penalties for such offences are determined by the seriousness of the breach and the intent behind it, reflecting the legislative intent to stringently enforce the export control provisions. It is crucial for those involved in the export of goods to be fully aware of these regulations to avoid any potential legal repercussions.