Customs (Prohibited Exports) Regulations (Amendment)

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STATUTORY RULES

1968 No.

REGULATION UNDER THE CUSTOMS ACT 1901-1968.*

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 1901-1968.

Dated this nineteenth day of December, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd) Malcolm Scott

Minister of State for Customs and Excise.

Amendment of the Customs (Prohibited Exports) Regulations

Seventh Schedule.

The Seventh Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—

“ 11

Tin ores and concentrates

12

Refined tin in the form of ingots or in any other refinery form

13

Any of the following materials from which tin may be obtained, being materials resulting from the refining of tin, that is to say, residues, slag, dross, dust and other wastes ”.

* Notified in the Commonwealth Gazette on 23 December 1968.

† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 123; and 1968, Nos. 46, 83, 101 and 153.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

26842/68—Price 5c 10/13.12.1968

Overview

The Customs (Prohibited Exports) Amendment Regulations 1968 (Statutory Rules 1968 No. 153) were enacted to address the need for more stringent controls on the export of tin ores, refined tin, and related materials to prevent the depletion of national resources and maintain economic stability. This regulation was issued by the Governor-General of Australia, acting with the advice of the Federal Executive Council, under the authority of the Customs Act 1901-1968. The policy objective of these amendments was to safeguard Australia’s tin resources by prohibiting the export of specific tin-related materials, thereby ensuring that these critical resources remain within the country for domestic use and economic benefit.

Scope and Application

The Statutory Rules 1968 No. REGULATION UNDER THE CUSTOMS ACT 1901-1968 pertains to the regulation of prohibited exports, specifically amending the Customs (Prohibited Exports) Regulations by incorporating new items to the Seventh Schedule. These newly added items include tin ores and concentrates, refined tin in the form of ingots or any other refinery form, and various materials resulting from the refining of tin such as residues, slag, dross, dust, and other wastes. The regulation applies to individuals and entities involved in the export of these specified items, aiming to control and restrict the outflow of certain materials that are crucial for national security or economic stability. The geographic reach of this legislation is national, enforcing the prohibition across all states and territories of Australia. There are no stated exclusions or exemptions in the text provided, and the regulation extends its application through subordinate instruments to ensure comprehensive enforcement of the specified prohibitions.

Key Provisions

The main operative sections of this legislative instrument (Section 1) establish amendments to the Customs (Prohibited Exports) Regulations, specifically adding new items to the Seventh Schedule (Section 11 to Section 13). These new items pertain to the export of certain materials related to tin, including tin ores and concentrates (Section 11), refined tin in various forms such as ingots or other refinery forms (Section 12), and materials from which tin can be obtained, such as residues, slag, dross, dust, and other wastes resulting from the refining of tin (Section 13). This legislation imposes specific obligations and requirements on parties or entities involved in the export of these newly listed materials. It mandates that any attempt to export these materials must comply with the Customs Act 1901-1968, which includes obtaining the necessary permits or licenses and adhering to the regulations set forth in the Customs (Prohibited Exports) Regulations. This ensures that the export of tin ores, concentrates, refined tin, and related materials is controlled and monitored to prevent illicit trade or illegal export activities. Breach of these provisions may result in various legal consequences, both civil and criminal. Under the Customs Act 1901-1968, individuals or entities found guilty of violating the regulations may face fines and penalties. The maximum penalties for such offences can include substantial fines and, in more severe cases, imprisonment. These consequences underscore the importance of strict compliance with the regulations to avoid legal repercussions.

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