STATUTORY RULES.
1942. No. 479.
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REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*
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 ninth
day of October , 1942.
Governor-General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
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Amendments of the Customs (Prohibited Exports) Regulations.†
Commencement.
1. These Regulations shall come into operation on the first day of December, 1942.
2. After regulation 8 of the Customs (Prohibited Exports) Regulations the following regulation is added:—
Export to certain places prohibited except subject to conditions.
“9. The exportation of the goods specified in the Seventh Schedule to the place specified in that Schedule opposite to the name or description of those goods shall be prohibited, unless the conditions and restrictions respectively specified in that Schedule opposite to the name or description of those goods are complied with.”.
3. After the Sixth Schedule to the Customs (Prohibited Exports) Regulations the following Schedule is added:—
“THE SEVENTH SCHEDULE.
Goods the Exportation of which to Certain Places is Prohibited Except Subject to Conditions.
Item No. | Kind or Description of Goods. | Place. | Conditions and Restrictions. |
1 | Timber, being— (a) timber in the round; (b) heart in timber; (c) sleepers; and (d) any other timber free of heart with a cross sectional area of not less than 60 square inches. | New Zealand | 1. The timber shall be branded with a Government mark or brand indicating that the timber has been examined and, in the opinion of an officer of a Forestry Commission or other like authority of a State— (a) is free from termite and other insect infestation; and |
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1935, No. 2, as amended by Statutory Rules 1935, Nos. 4, 103, 115; 1936, Nos. 27, 87, 103 and 141; 1937, No. 73; 1938, Nos. 61, 65 and 86; 1939, No. 170; 1940, No. 30; and 1941, No. 136.
6905.—Price 3d. 25/28.9.1942.
Item No. | Kind or Description of Goods. | Place. | Conditions and Restrictions. |
1—contd. | Timber, &c.—continued. | New Zealand —continued. | (b) conforms in all other respects with the specification under which the timber was ordered. 2. At the time of inspection, and pending shipment, the timber shall be stored so as to be kept off the ground, on skids or otherwise, and, where considered necessary by an officer of a Forestry Commission or other like authority of a State, termite galleries shall be treated in a manner approved by the officer to ensure the destruction of insects. 3. Except in the case of Australian turpentine (Syncarpia laurifolia) intended for use as piles, round, hewn or sawn timber shall not have the bark attached. 4. A certificate stating that the foregoing conditions have been complied with shall be issued by a responsible officer of a Forestry Commission or other like authority of a State.”. |
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942, No. 479, under the Customs Act 1901-1936, was enacted to address the need for stricter regulation of exports to certain places, particularly focusing on timber exports to New Zealand. The objective was to ensure that timber exports were free from termite and other insect infestations and conformed to specified standards, thereby protecting both Australian and international forestry resources and markets. These regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and they came into operation on the first day of December 1942. The policy objective was to safeguard the timber industry and prevent the spread of pests and diseases across borders through stringent export controls and compliance requirements.
Scope and Application
The Statutory Rules 1942 No. 479 amends the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1936. This legislation applies to individuals, businesses, and entities engaged in the exportation of specified goods, particularly timber, to New Zealand. The regulations are designed to control and restrict the exportation of certain types of timber to ensure they are free from termite and other insect infestations, and conform to specified standards. The scope of these regulations encompasses the entire Commonwealth of Australia, with a specific focus on exports leaving Australian territory. The regulations impose strict conditions and requirements that must be met, such as branding, inspection, treatment, and certification, before the timber can be exported. These amendments extend the application of the regulations through the addition of a new schedule, specifying the conditions and restrictions for the exportation of certain goods to New Zealand. The regulations come into effect on the first day of December 1942.
Key Provisions
The key operative sections of these regulations are primarily concerned with amending the Customs (Prohibited Exports) Regulations. Specifically, these regulations introduce a new regulation (section 9) which prohibits the export of certain specified goods to particular destinations unless specific conditions are met (section 2). This new regulation also includes a new schedule (the Seventh Schedule) that details the specific goods, the destinations, and the conditions that must be adhered to for each item (section 3). This amendment is set to come into effect on the first day of December 1942.
These regulations impose a number of obligations and requirements on parties or entities involved in the export of the specified goods. Firstly, the export of the listed goods to the specified places is prohibited unless the conditions outlined in the Seventh Schedule are met. This includes requirements such as branding the timber with a government mark, ensuring the timber is free from termite and other insect infestation, and obtaining a certificate from a responsible officer of a Forestry Commission or other like authority of a State. Furthermore, these regulations also impose storage requirements for the timber, such as keeping it off the ground and treating termite galleries where necessary.
The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, it can be inferred that failure to comply with these regulations could result in penalties under the Customs Act 1901-1936, which could include fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, and would be determined under the relevant provisions of the Customs Act 1901-1936.