STATUTORY RULES.
1938. No. 86.
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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 the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas it is provided by section 17 of the Acts Interpretation Act 1901-1937 that the expression “the Governor-General” in any Act includes the person for the time being administering the Government of the Commonwealth, acting with the advice of the Federal Executive Council:
And whereas I am of opinion that, except as provided by regulation 3 of the Regulations hereunder, the exportation of haematite (other than micaceous haematite) and magnetite would be harmful to the Commonwealth:
And whereas I am of opinion that the exportation of iron bearing minerals (other than those the exportation of which is absolutely prohibited), except with the consent of the Minister, would be harmful to the Commonwealth:
Now therefore I, the Administrator of the Government of 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-fourth day of August, 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
J. A. PERKINS
Acting Minister of State for Trade and Customs.
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Amendments of the Customs (Prohibited Exports) Regulations.†
Second Schedule.
1. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 2a and inserting in its stead the following item:—
“2a | Haematite (other than micaceous haematite) and magnetite.”. |
Fourth Schedule.
2. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 6 the following item:—
“6a | Iron-bearing minerals (other than those the exportation of which is absolutely prohibited under item 2a in the Second Schedule to these Regulations).”. |
Exportation of certain haematite or magnetite may be permitted.
3. Notwithstanding anything in regulation 1 of these Regulations, where the Minister is satisfied—
(a) that any person or persons had, prior to the nineteenth day of May, 1938, entered into a contract or contracts to export haematite (other than micaceous haematite) or magnetite from the Commonwealth;
(b) that part only of the haematite or magnetite which each such person was required to export, in pursuance of the contract, was exported prior to the first day of July, 1938; and
(c) that the remainder of the haematite or magnetite required to be exported in pursuance of all such contracts does not exceed 150,000 tons,
the Minister may permit the exportation of the remainder of the haematite or magnetite not later than the thirty-first day of December, 1938, provided that the remainder does not exceed 150,000 tons.
Repeal.
4. Regulation 3 of Statutory Rules 1938, No. 65, is repealed.
Overview
The Customs (Prohibited Exports) Amendment Regulations 1938 were enacted to address the need to control the export of certain iron-bearing minerals to protect national interests. The Customs Act 1901-1936 empowered the Governor-General to prohibit the export of goods deemed harmful to the Commonwealth. These regulations were made under the authority of the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary policy objective was to prevent the export of haematite (excluding micaceous haematite) and magnetite, as well as other iron-bearing minerals, unless specific conditions were met. The regulations also allowed for the export of certain quantities of these minerals if contracts had been established before a specified date, aiming to balance economic interests with national security concerns.
Scope and Application
The Regulations Under the Customs Act 1901-1936, specifically made under the authority of section 112 of the Act, apply to the exportation of certain iron-bearing minerals from the Commonwealth of Australia. These regulations prohibit the export of haematite (other than micaceous haematite) and magnetite, as well as other iron-bearing minerals, unless specific conditions are met. The prohibition applies to any exportation that would be harmful to the Commonwealth, either generally or to any specified place. The regulations extend to allowing the exportation of these minerals subject to any conditions or restrictions imposed by the Minister. This power to impose restrictions is exercised through subordinate legislation, where the Minister can permit the export of up to 150,000 tons of haematite or magnetite if certain criteria are satisfied, such as existing contracts prior to a specific date and partial exportation before another specified date. The application of these regulations is national in scope, affecting all persons and entities within the Commonwealth involved in the exportation of the specified minerals. The Regulations also include provisions for the repeal of previous regulations to ensure the current legislative framework remains up to date.
Key Provisions
The key operative sections of these regulations (Regulations 1 to 4) amend the Customs (Prohibited Exports) Regulations to prohibit the export of haematite (other than micaceous haematite) and magnetite, as well as iron-bearing minerals (other than those absolutely prohibited). However, these prohibitions do not apply to contracts made before 19 May 1938, where only part of the haematite or magnetite was exported before 1 July 1938, and the remaining quantity does not exceed 150,000 tons (Regulation 3). The Minister can then permit the exportation of the remainder of the haematite or magnetite by 31 December 1938 (Regulation 3). Regulation 4 repeals Regulation 3 of the previous Statutory Rules 1938, No. 65.
These regulations impose specific obligations on parties involved in the export of the aforementioned minerals. For instance, any person or persons who had entered into a contract to export haematite or magnetite prior to 19 May 1938 and have not yet exported the entire quantity as per the contract before 1 July 1938, must apply to the Minister for permission to export the remaining quantity (Regulation 3). The Minister’s approval is contingent upon the remaining quantity not exceeding 150,000 tons, and the export must be completed by 31 December 1938.
The regulations do not explicitly detail offences, penalties, or consequences for breach. However, by prohibiting the exportation of specified minerals, it is implied that unauthorised exports would be in breach of these regulations. Depending on the nature and severity of the breach, the Commonwealth could take appropriate legal action under the Customs Act 1901-1936 or other relevant legislation. The exact penalties would depend on the specific circumstances of the breach and the applicable laws at the time.