Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1949 No. 3 represents a legislative instrument made under the Customs Act 1901-1947. Enacted by the Parliament of Australia, this instrument was introduced to address specific amendments to the Customs (Prohibited Exports) Regulations. The policy objective, as outlined in the document, was to refine and update the regulatory framework governing the export of certain goods, ensuring alignment with contemporary economic and trade policies. The Governor-General, acting on the advice of the Federal Executive Council, made these regulations on 11 January 1949, signifying the need for precise and timely updates to export controls to support Australia's trade interests. The amendments included the removal and addition of various export items, as well as adjustments to the authorities responsible for issuing covering approvals, reflecting changes in departmental responsibilities and trade priorities.

Scope and Application

The Regulations under the Customs Act 1901-1947 pertain to the control and regulation of exports from Australia. They apply to any person or entity seeking to export specific goods from Australia, which are subject to restrictions or require approval from relevant government departments. The geographic reach of these regulations is confined to the Commonwealth of Australia, thereby affecting exporters nationwide. The amendments outlined in the Regulations pertain to the Customs (Prohibited Exports) Regulations and involve the addition and removal of specific items from the Schedules, thereby modifying the list of goods that are subject to export restrictions. These Regulations require exporters to obtain a covering approval from specified departments such as the Department of Commerce and Agriculture or the Department of Supply and Development, depending on the nature of the goods being exported. The Regulations further extend their application through subordinate instruments, which may introduce additional specifications or conditions for the export of listed goods.

Key Provisions

The operative sections of these regulations pertain to amendments of the Customs (Prohibited Exports) Regulations. Specifically, items 75, 77, 78 and 80 are omitted from the Third Schedule (1(a)), and item 93 is replaced with new items 93 and 93a (1(b)). Item 93 requires an intending exporter to present a covering approval issued by the Department of Commerce and Agriculture for jute, raw, and goods manufactured partly or wholly from jute (excluding jute rope, cordage, twine and yarn), while item 93a mandates a covering approval from the Department of Supply and Development for jute rope, cordage, twine and yarn. Additionally, the department responsible for item 121 is changed from the Commonwealth Prices Commissioner to the Department of Commerce and Agriculture (1(c)), and a new item, 147, requiring a covering approval from the Department of Supply and Development for manganese ores, is added (1(d)). The Fourth Schedule is also amended by omitting items 5a and 5b (2). These regulations impose specific obligations on intending exporters of certain goods. For instance, they must obtain a covering approval from the relevant department before exporting prohibited items such as jute and its manufactured goods, jute rope, cordage, twine and yarn, and manganese ores. This approval must be presented to the Collector of Customs as part of the export process. The regulations also require the presentation of such approvals to the Collector of Customs, thereby ensuring compliance with the export restrictions outlined in the Customs Act. The regulations do not explicitly outline offences, penalties, or consequences for non-compliance; however, given the context of the Customs Act, failure to adhere to these requirements could lead to penalties. Such penalties may include fines, confiscation of the goods in question, and potentially more severe legal repercussions if the breach is deemed significant or repeated. The precise penalties would be determined in accordance with the Customs Act 1901-1947 and relevant customs legislation in force at the time of the breach.