STATUTORY RULES.
1946. No. 178.
REGULATION UNDER THE CUSTOMS ACT 1901–1936.*
WHEREAS by section 112 of the Customs Act 1901–1936 it is 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 whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of goods generally, or to any specified place, and either absolutely or so as to allow 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 this Regulation, except as provided in this Regulation, would be harmful to the Commonwealth:
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 Regulation under the Customs Act 1901–1936.
Dated this eleventh day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
BEN. COURTICE
Minister of State for Trade and Customs.
__________
Amendment of the Customs (Prohibited Exports) Regulations.†
The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following item:—
“71 | Copper and alloys containing copper in the following forms:—angles, bars, billets, cakes, castings, concentrates, foil, forgings, gauze, hollows, ingots, matte, are, pipes, plates, powder, rod, salts, sections, sheets, slates, spinnings, stampings, strips, tubes and wire | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing”. |
* Notified in the Commonwealth Gazette on 12th December, 1946.
†Statutory Rules 1935, No. 2; as amended by Statutory Rules 1935, Nos. 4, 103 and 115; 1936, Nos. 27, 87, 103 and 141; 1937, No. 73; 1938, Nos. 61, 65 and 86; 1939, No. 170; 1940, No. 30; 1941, No. 130; 1942, No. 470; 1945, Nos. 87 and 149, and 1946, Nos. 10, 58, 90, 106, 120, 138 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6803.—Price 3d.
Overview
Statutory Rules 1946, No. 178, made under the Customs Act 1901–1936, was enacted to address the issue of potentially harmful exports during a period of national concern. The regulation, issued by the Governor-General in accordance with the advice of the Federal Executive Council, specifically targets the exportation of copper and its alloys in various forms, which were deemed detrimental to the Commonwealth if not adequately controlled. The policy objective, as outlined in the regulation, is to prevent the export of these materials without the necessary approvals from the Department of Works and Housing, thereby ensuring that such exports do not compromise national interests.
Scope and Application
The Statutory Rules 1946, No. 178, under the Customs Act 1901–1936, serves to regulate the exportation of specific goods, particularly copper and its alloys, by prohibiting their export unless certain conditions are met. This regulation applies to any individual or entity intending to export these goods from Australia, thereby encompassing a broad range of industries and transactions that involve the export of these materials. The regulation extends to all forms of copper and its alloys, including angles, bars, billets, and various other forms as specified. The scope of the regulation is national, affecting all exports from Australia, as it operates under the Commonwealth jurisdiction.
The regulation mandates that any intending exporter must secure a covering approval from the Department of Works and Housing before proceeding with the export of the specified copper goods. This approval process is intended to ensure that the export of such materials does not harm the Commonwealth. The regulation does not specify any exclusions, exemptions, or thresholds for the application of these export prohibitions, thereby ensuring a consistent application across all intended exports of the listed copper goods.
Key Provisions
The primary operative sections of this regulation, as per Statutory Rules 1946, No. 178, involve amendments to the Customs (Prohibited Exports) Regulations under the Customs Act 1901–1936. Specifically, the Third Schedule to the Customs (Prohibited Exports) Regulations is amended (Section 1). This amendment adds a new item, 71, prohibiting the export of copper and alloys containing copper in various forms unless a covering approval from the Department of Works and Housing is presented to the Collector of Customs (Section 2). The intention behind these provisions is to restrict the export of certain copper and alloy products to protect national interests and ensure compliance with regulatory standards.
The obligations imposed by this regulation on the parties or entities it governs are clear and direct. Exporters of copper and its alloys in the specified forms must obtain a covering approval from the Department of Works and Housing before attempting to export these goods (Section 2). This approval process is a prerequisite for lawful exportation, thereby ensuring that only authorised and compliant exports are permitted. The regulation also mandates that the Collector of Customs must verify the presence of this approval before allowing the export of the specified goods (Section 2). These obligations are designed to enforce the prohibition effectively and maintain regulatory oversight.
In terms of penalties and consequences for non-compliance, the regulation does not explicitly state the penalties for breaching the prohibition on exporting the specified copper and alloy products without the required approval. However, under the broader Customs Act 1901–1936, unauthorised exportation can lead to civil and criminal penalties. Civil penalties may include fines and the seizure of the prohibited goods, while criminal penalties may include imprisonment and additional fines. The specifics of these penalties would depend on the nature and severity of the breach, as outlined in the Customs Act and relevant case law. The intention behind these potential consequences is to deter non-compliance and enforce the regulatory framework effectively.