STATUTORY RULES.
1945. No. 149.
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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 other 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 ale, porter and other beer, containing not less than two per centum of proof spirit, except with the consent of the Minister of State for Trade and Customs, 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 nineteenth day of September, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
R. V. KEANE
Minister of State for Trade and Customs.
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Amendment of the Customs (Prohibited Exports) Regulations.†
Fourth Schedule.
The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting before item 1 the following item:—
“1a.| Ale, porter and other beer, containing not less than 2 per centum of proof spirit.”.
* Notified in the Commonwealth Gazette on 19th September, 1945.
† Statutory Rules 1935, No. 2, as amended by Statutory Rules 1935, Nos. 4, 108 and 115; 1936; Nos. 27, 37, 103 and 141; 1937, No. 73; 1938, Nos. 61, 65 and 86; 1939, No. 170; 1940, No. 80, 1941, No. 186; 1942, No. 479; and 1945, No. 87.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5560.—Price 3d.
Overview
The Customs (Prohibited Exports) Regulations 1945 were enacted to address the need for tighter control over the export of certain alcoholic beverages, specifically ale, porter, and other beer containing not less than two per centum of proof spirit. This regulation was introduced under the authority of the Customs Act 1901-1936, allowing the Governor-General, in consultation with the Federal Executive Council, to prohibit the exportation of goods deemed harmful to the Commonwealth. The policy objective was to safeguard national interests by restricting the export of certain alcoholic products, which were considered potentially detrimental to the country's economic and social welfare. This legislative instrument was promulgated by the Governor-General, Henry, and approved by the Minister of State for Trade and Customs, R. V. Keane, reflecting a coordinated effort to implement and enforce the regulatory measures outlined in the Customs Act.
Scope and Application
The Regulation under the Customs Act 1901-1936 applies to the exportation of ale, porter, and other beer containing not less than two per centum of proof spirit. This prohibition is intended to prevent the export of such goods unless explicitly authorised by the Minister of State for Trade and Customs. The regulation is designed to mitigate what is perceived as potential harm to the Commonwealth from the export of these alcoholic beverages. The regulation operates within the Commonwealth of Australia, and its enforcement is overseen by the relevant authorities under the Customs Act. While the regulation specifies a particular type of alcoholic beverage, it is part of a broader set of customs regulations that can be amended to include other goods or conditions. The regulation extends to the geographic jurisdiction of Australia and applies to any person or entity attempting to export the specified goods without appropriate consent. The regulation does not specify exclusions or exemptions beyond the ministerial consent requirement, thus creating a blanket prohibition unless otherwise stipulated by the Minister.
Key Provisions
The main operative sections of this regulation (sections 1 and 2) establish a prohibition on the exportation of ale, porter, and other beer that contains not less than two per centum of proof spirit. This prohibition is effective unless the Minister of State for Trade and Customs grants explicit consent (section 1). The amendment to the Fourth Schedule of the Customs (Prohibited Exports) Regulations (section 3) further clarifies and details this prohibition by inserting a new item, “1a. Ale, porter and other beer, containing not less than 2 per centum of proof spirit” (section 4).
The Act imposes obligations on various parties to comply with the prohibition on exporting the specified types of beer. This includes exporters who must ensure that they do not export ale, porter, or other beer with more than two per centum of proof spirit without the Minister’s consent. It also places a duty on the Minister of State for Trade and Customs to review and grant or withhold consent for such exports as deemed necessary to protect the Commonwealth's interests. The Customs officials are required to enforce this prohibition at the borders and during customs clearance processes.
Any breach of this regulation may lead to civil and criminal consequences. The maximum penalties for contravening this prohibition are not explicitly stated in the text, but generally, under the Customs Act 1901-1936, penalties for contravening export restrictions can include fines and imprisonment. The specifics of penalties would be determined in accordance with the general provisions of the Customs Act and other relevant laws. Enforcement actions may also include seizure of the prohibited goods and additional administrative penalties.