Statutory Rules
1974 No. 157
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 fifth day of September, 1974.
John R. Kerr
Governor-General.
By His Excellency's Command,
(Sgd) LIONEL MURPHY
Minister of State for Customs and Excise.
Amendments of The Customs (Prohibited Exports) Regulations†
Second Schedule.
The Second Schedule to the Customs (Prohibited Exports) Regulations is amended—
(a) by inserting after item 1 the following item:—
" 1a | Animals of the family delphinidae (dolphins), bones, flesh, oil and skin of animals of the family delphinidae; goods manufactured wholly or partly from the bones, flesh, oil and skin of animals of the family delphinidae "; and |
(b) by inserting after item 3b the following item:—
3f | Dugongs; bones, flesh, oil and skin of dugongs, goods manufactured wholly or partly from bones, flesh, oil and skin of dugongs ". |
* Notified in the Australian Government Gazette on 17 September 1974.
† Statutory Rules 1958, No 5, as amended by Statutory Rule, 1959. No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1961. 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; and 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248.
Printed by Authority by the Government Printer of Australia
11637/74—Price. 5c 10/17.5.1974
Overview
The Statutory Rules 1974 No. 157, issued under the authority of the Customs Act 1901-1974, represents a legislative response to the need for updated regulation on the export of certain marine animals and their derivatives. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, this regulation amends the Customs (Prohibited Exports) Regulations to specifically include dolphins and dugongs and their respective parts and products on the list of prohibited exports. This legislative instrument aims to address the gap in existing regulations concerning the export of these marine animals, ensuring that Australia's commitments to international conservation efforts are upheld and enforced. The amendment seeks to protect these species from exploitation and ensure that their populations are preserved for future generations.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1974 No. 157, apply to individuals, entities, and industries involved in the exportation of specified goods, particularly those that are prohibited from leaving Australia. These regulations fall under the purview of the Commonwealth and have a broad jurisdictional reach as they pertain to the customs and border protection policies of Australia. The primary focus of these regulations is to prohibit the export of certain animals, specifically dolphins and dugongs, as well as products derived from them, such as bones, flesh, oil, and skin. The inclusion of manufactured goods containing these materials further strengthens the enforcement of this prohibition. The regulations extend their application through subordinate instruments, which may provide additional details or clarifications regarding the scope and enforcement of the prohibited export list.
Key Provisions
This legislative instrument, Statutory Rules 1974 No. 157, amends the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1974. The key provisions of this regulation, outlined in the Second Schedule, introduce new items that are now prohibited from being exported from Australia. Specifically, the regulation adds two new items to the list of prohibited exports: dolphins of the family delphinidae and their derivatives (section 1a), and dugongs and their derivatives (section 3f). These amendments aim to protect endangered species and their products from illegal trade.
The obligations imposed by this regulation are primarily on exporters and those involved in the trade of these species. Exporters must ensure that they do not export the newly prohibited items, including any goods made from the bones, flesh, oil, or skin of dolphins or dugongs. This includes thorough checks and compliance with the updated list of prohibited exports to avoid any inadvertent breaches.
Violating these regulations can result in serious consequences. Under the Customs Act, anyone found guilty of exporting prohibited items may face both civil and criminal penalties. The maximum penalty for contravening these regulations can include substantial fines and, in severe cases, imprisonment. These penalties serve as a deterrent against illegal trade and reinforce the importance of protecting endangered species.