STATUTORY RULES
1975 No. 19
REGULATION UNDER THE CUSTOMS ACT 1901-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1974.
Dated this nineteenth day of February, 1975.
John R. Kerr
Governor-General.
By His Excellency’s Command,
(SGD.) KEP. ENDERBY
Minister of State for Customs and Excise.
—–––––
AMENDMENT OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS†
Second Schedule.
The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting in Part 1 after
* Notified in the Australian Government Gazette on 20 February 1975.
† 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; 1968, Nos. 46, 83, 101, 153, 160 and 162; 1969, Nos. 11, 21, 22 and 219; 1970, Nos. 34, 68, 89, 106 and 121; 1972, No. 210; 1973, Nos. 4, 7, 39, 74, 102, 138, 218 and 248; and 1974, Nos. 46, 157, 178 and 250.
item 5a the following items:-
“5B | Contemporaneous records or accounts (including books, diaries, newspapers, maps, sketches, paintings, photographs, manuscripts and other documents) of events or occurrences connected with - (a) the discovery; (b) the early settlement; or (c) exploration, of Australia |
5c | Goods (including compasses and other navigational instruments, watches, diaries, maps, manuscripts and other documents) that are or were, or are represented to be or to have been, owned or used by a person associated with - (a) the discovery; (b) the early settlement; or (c) exploration, of Australia”. |
Overview
The Statutory Rules 1975 No. 19, made under the Customs Act 1901-1974, represent an amendment to the Customs (Prohibited Exports) Regulations. Enacted in 1975 by the Governor-General of Australia, acting with the advice of the Executive Council, these regulations address the need to protect Australia's historical heritage by restricting the export of specific items connected to the nation's discovery, early settlement, and exploration. This legislative instrument aims to ensure that valuable historical records and artefacts remain within Australia to preserve and promote the nation's cultural and historical legacy.
Scope and Application
The Statutory Rules 1975 No. 19, made under the Customs Act 1901-1974, specifically amend the Customs (Prohibited Exports) Regulations to include new items in the list of prohibited exports. This regulation applies to any person or entity attempting to export the specified items out of Australia. The amended regulation now includes contemporary records or accounts of Australia's discovery, early settlement, or exploration, as well as goods that were owned or used by individuals associated with these historical events. These items are of cultural significance and are protected under Australian law to prevent their removal from the country. The geographic reach of this regulation is national, applying to all states and territories within Australia. There are no stated exclusions or exemptions in this particular regulation, meaning that all specified items are subject to the prohibition on export. The application of the Act is further extended or restricted through subordinate instruments, which can provide additional detail or clarification on the implementation of these regulations.
Key Provisions
The main operative sections of the regulation, as seen in the Second Schedule, specifically add new items to the list of prohibited exports under the Customs (Prohibited Exports) Regulations (sections 5B and 5C). These additions pertain to contemporaneous records or accounts, and goods associated with the discovery, early settlement, or exploration of Australia. Section 5B targets records or accounts, including books, diaries, maps, sketches, paintings, photographs, manuscripts, and other documents that detail events or occurrences related to the discovery, early settlement, or exploration of Australia. Section 5C pertains to goods such as compasses, navigational instruments, watches, diaries, maps, manuscripts, and other documents that are or were owned or used by a person associated with the discovery, early settlement, or exploration of Australia.
The obligations imposed by these sections are primarily on individuals and entities involved in the exportation of goods. They must ensure that the items they intend to export do not fall under the newly prohibited categories. This includes conducting thorough checks and maintaining accurate records to demonstrate compliance with the regulation. The onus is on exporters to verify that their goods do not include items that document or are associated with significant historical events in Australia's early history.
Breaching these regulations can lead to significant consequences. Under the Customs Act 1901-1974, any person who contravenes the provisions of these regulations may be subject to penalties. The exact penalties can vary, but they often include fines and, in severe cases, potential criminal charges. The maximum penalties are not explicitly stated in the provided text but are generally detailed in the primary act and can be substantial, reflecting the importance of preserving Australia's historical heritage.