STATUTORY RULES.
1947. No. 95.
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 the 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 twenty-third day of July, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
———
Amendments of the Customs (Prohibited Exports) Regulations.†
First Schedule.
1. The First Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting: item 1.
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—
“124 | Aircraft (assembled or dismantled), aircraft engines and spare parts of aircraft and aircraft engines | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Civil Aviation. |
125 | Neatsfoot oil.......... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture.”. |
* Notified in the Commonwealth Gazette on , 1947.
† 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; 1946, Nos. 10, 53, 90, 106, 126, 138, 166, 178 and 179; and 1947, Nos. 11, 35, 54 and
By Authority: L. F. Johnston Commonwealth Government Printer, Canberra.
3342.—Price 3d. 8/27.5.1947.
Overview
The Statutory Rules 1947 No. 95, enacted under the Customs Act 1901-1936, was introduced to address the need for regulating the exportation of certain goods that could potentially harm the Commonwealth. This legislative instrument was made by the Governor-General in Council, acting on the advice of the Federal Executive Council, to implement specific prohibitions on the export of certain items. The regulations were designed to control the export of goods that might be detrimental to national security, economic interests, or public policy. The overarching policy objective was to ensure that the export of specified goods was subject to appropriate scrutiny and control, thereby safeguarding the Commonwealth's interests.
Scope and Application
The Customs (Prohibited Exports) Regulations made under the Customs Act 1901-1936 pertain to the prohibition of certain goods from being exported from Australia unless specific conditions are met. These regulations apply to any person or entity intending to export the listed items and require them to obtain a covering approval from the relevant government department before the export can proceed. The items specified in these regulations include aircraft, aircraft engines, spare parts of aircraft and aircraft engines, and neatsfoot oil. The regulations are applicable on a national level and the scope is set by the Governor-General in Council, with the authority derived from section 112 of the Customs Act 1901-1936. The regulations also allow for the amendment of schedules through subordinate instruments, thereby extending or restricting the application of the regulations as necessary.
Key Provisions
The main operative sections of these regulations are found in the Third Schedule, which amends the Customs (Prohibited Exports) Regulations to include new items subject to export restrictions. Section 124 of the Third Schedule now prohibits the export of aircraft, whether assembled or dismantled, along with aircraft engines and their spare parts, unless the intending exporter has a covering approval issued by the Department of Civil Aviation (Section 124). Similarly, Section 125 prohibits the export of neatsfoot oil unless the intending exporter has a covering approval issued by the Department of Commerce and Agriculture (Section 125). These sections establish a requirement for exporters to obtain specific approvals before attempting to export these goods.
The regulations impose specific obligations on intending exporters. For aircraft and their components, exporters must secure a covering approval from the Department of Civil Aviation (Section 124). This approval process likely involves compliance with aviation safety and export control regulations, ensuring that the export of these items does not compromise national security or safety. For neatsfoot oil, the obligation is to obtain a covering approval from the Department of Commerce and Agriculture (Section 125), which would ensure that the export of this item aligns with agricultural and trade policies.
Failure to comply with these regulations can result in significant consequences. While the specific offences, penalties, or consequences for breach are not detailed within the provided text, the general framework of the Customs Act 1901-1936 would typically apply. Under this framework, unauthorised exportation of prohibited goods could be subject to penalties, which might include fines or imprisonment, depending on the severity and intent of the breach. The precise penalties would be determined based on the specific provisions of the Customs Act and any related legislation.