STATUTORY RULES.
1946. No. 53.
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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 newsprint, 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 thirteenth day of March, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN J. DEDMAN
Acting 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 after item 6aa the following item:—
“6b Newsprint.”
* Notified in the Commonwealth Gazette on 2lst March, 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. 36; 1941, No. 186; 1945, No. 479; 1945, Nos. 57 and 149; and 1946, No. 19.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1223.—Price 3d.
Overview
The Customs (Prohibited Exports) Regulations 1946 were enacted to address the issue of controlling the exportation of certain goods that could potentially be detrimental to the Commonwealth during a time of national concern. These regulations were introduced under the authority of the Customs Act 1901-1936, enabling the Governor-General, upon the advice of the Federal Executive Council, to prohibit the export of specified goods, including newsprint, which was deemed harmful to the nation. The objective of these regulations was to ensure that essential materials were retained within the country to support national interests and stability. This legislative instrument reflects a proactive approach by the Commonwealth Government to manage and restrict the outflow of critical resources during a period of potential scarcity.
Scope and Application
This statutory rule, enacted under section 112 of the Customs Act 1901-1936, aims to regulate the exportation of goods that could be detrimental to the Commonwealth. Specifically, it focuses on prohibiting the export of newsprint without the consent of the Minister of State for Trade and Customs, reflecting the government's concern about the potential harm such an export could cause. The regulation applies to any entity or person involved in the export of newsprint and is geographically applicable across the Commonwealth of Australia. The rule extends its reach through the Customs (Prohibited Exports) Regulations, which have been amended to include newsprint as a prohibited export item. This amendment is effective immediately and is subject to the overarching provisions and amendments of the Customs Act and its subordinate instruments.
Key Provisions
The primary operative section of this legislation, section 112 of the Customs Act 1901-1936, empowers the Governor-General to regulate the exportation of goods deemed harmful to the Commonwealth. Section 112 allows for the prohibition of exportation either generally or to a specified place, either absolutely or conditionally. This statutory instrument amends the Customs (Prohibited Exports) Regulations by adding "newsprint" to the list of prohibited exports, subject to ministerial consent (Fourth Schedule, item 6b). This means that any export of newsprint without the Minister of State for Trade and Customs' consent is prohibited under these regulations.
These regulations impose several obligations on entities and parties involved in the exportation of goods. Firstly, they require that any export of newsprint must be approved by the Minister of State for Trade and Customs. This necessitates that exporters obtain the necessary consent before attempting to export newsprint, thereby ensuring compliance with the regulations. Secondly, customs officers and border control personnel are mandated to enforce these regulations, inspecting and verifying the documentation and approvals for any exported goods. Failure to comply with these obligations could lead to legal repercussions for both the exporter and the customs officials.
Any breach of these regulations could lead to significant legal consequences. Specifically, the unauthorised export of newsprint could be considered an offence under the Customs Act 1901-1936. The penalties for such violations may include fines and, in severe cases, imprisonment. The exact penalties would depend on the severity of the breach and could include fines up to a specified amount as determined by the courts or imprisonment for a term up to two years, as stipulated under the Customs Act. These penalties underscore the importance of adhering to the regulatory framework and obtaining the necessary consents to avoid legal consequences.