STATUTORY RULES.
1946. No. 166.
REGULATIONS 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 these Regulations, except as provided in these Regulations, 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 Regulations under the Customs Act 1901–1936.
Dated this twentieth day of November, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
BEN. COURTICE
Minister of State for Trade and Customs.
Amendments of the Customs (Prohibited Exports) Regulations.†
Second Schedule.
1. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 6 and inserting in its stead the following item:—
“6. | Wine (fortified and unfortified) and potable spirits (including liqueurs) which the Minister declares to be of such a quality that their exportation would be harmful to the reputation of Australian wine and potable spirits in any country to which they were exported.”. |
* Notified in the Commonwealth Gazette on 21st November, 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. 136; 1942, No. 479; 1945, Nos. 87 and 149; and 1946, Nos. 10, 53, 90, 106, 126 and 138.
6427.—Price 3d.
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—
“66 | Arsenicals, as specified hereunder— Lead Arsenate; Arsenic Trioxide; Arsenic pentoxide; Sheep Dip Preparations containing arsenic; Cattle Dip Preparations containing arsenic; Weedicides of arsenical base; Calcium arsenate; Sodium arsenite; and Paris Green. | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture. |
67 | Copper Sulphate................... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture. |
68 | Rotenone-bearing materials, as specified hereunder— Derris root and its preparations; Barbasco root and its preparations; Cubé root and its preparations; Lonchocarpus root and its preparations; Rotenone Extracts (e.g. derris oleo resin extract); and Sheep Dips containing rotenone | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
69 | Nicotine materials, as specified hereunder— Nicotine Alkaloid; Nicotine sulphate; Nicotine containing dusts; and Nicotine in any other form | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
70 | Dichlordiphenyltrichlorethane (D.D.T. and preparations based upon the para para isomer of this chemical) | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”. |
Fourth Schedule.
3. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by inserting after item 6aa the following item:—
“6ab. Molasses.”; and
(b) by omitting item 10 and inserting in its stead the following item:—
“10. | Sugar (plain, coloured or flavoured) and syrups thereof.”. |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1946 No. 166, enacted under the Customs Act 1901–1936, address the issue of harmful exports that could negatively impact the reputation of Australian goods or pose a threat to the Commonwealth. This legislative instrument was introduced by the Governor-General, acting on the advice of the Federal Executive Council, to amend the Customs (Prohibited Exports) Regulations and prevent the exportation of certain goods deemed harmful. The amendments specified in the Statutory Rules include prohibiting the export of fortified and unfortified wine and potable spirits that could tarnish Australia's reputation in foreign markets, along with other specific substances such as arsenicals, rotenone-bearing materials, nicotine materials, and DDT, contingent upon obtaining necessary approvals from the Department of Commerce and Agriculture. This regulation aims to safeguard Australia's trade reputation and ensure the quality of its exported products.
Scope and Application
The Regulations under the Customs Act 1901–1936, as amended, govern the prohibition of the exportation of certain goods that are deemed harmful to the Commonwealth of Australia. These regulations apply to any individual or entity seeking to export specified goods, which include fortified and unfortified wine, potable spirits, arsenicals, rotenone-bearing materials, nicotine materials, dichlordiphenyltrichlorethane (DDT), and molasses, among others. The regulations are designed to protect the reputation and quality of Australian products in international markets and to safeguard public health and safety by controlling the export of potentially harmful substances. The geographic reach of these regulations is national, as they apply across the Commonwealth of Australia. The regulations extend to any export attempt from Australian territory and are enforced by the Collector of Customs. Certain exports are allowed subject to obtaining a covering approval from the relevant department, such as the Department of Commerce and Agriculture. The regulations are comprehensive and include detailed specifications of the substances and materials that are subject to the export prohibitions. Any attempt to export these items without the necessary approvals would contravene the provisions of this legislative instrument.
Key Provisions
The key provisions of this legislative instrument are found in the amendments to the Customs (Prohibited Exports) Regulations. Firstly, the Second Schedule has been amended to include fortified and unfortified wine and potable spirits, which the Minister may declare to be of such a quality that their exportation would harm the reputation of Australian wine and spirits in any country to which they are exported (Regulation 6). Secondly, several new items have been added to the Third Schedule, including arsenicals, copper sulphate, rotenone-bearing materials, nicotine materials, and dichlordiphenyltrichlorethane (DDT), all of which require a covering approval issued by the Department of Commerce and Agriculture to be exported (Regulations 66-70). Lastly, the Fourth Schedule has been amended to include molasses and to remove the item for sugar and syrups thereof, replacing it with a new item for sugar (plain, coloured, or flavoured) and syrups thereof (Regulations 6ab, 10).
The obligations and requirements imposed by this legislative instrument primarily concern the exportation of certain goods. Exporters of fortified and unfortified wine and potable spirits must ensure that their products meet the quality standards set by the Minister, as their exportation could harm the reputation of Australian wine and spirits. For the goods listed in the Third Schedule, exporters must obtain a covering approval issued by the Department of Commerce and Agriculture before exporting. This requirement ensures that the exportation of these goods does not pose a risk to public health or the environment.
Failure to comply with the requirements set out in this legislative instrument may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the text, it is reasonable to assume that unauthorised exportation of the prohibited goods could lead to penalties under the Customs Act 1901-1936 or other relevant legislation. In the case of exporting goods without the required covering approval, penalties may include fines, imprisonment, or both, depending on the severity of the breach and the relevant legislation.