STATUTORY RULES.
1947. No. .
REGULATION 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 goods generally, or to any specified place, and either absolutely or so as to allow the exportation of the goods subject to any condition or restriction:
And whereas I am of the opinion that the exportation of the goods specified in this Regulation, except as provided in this Regulation, would be harmful to the Commonwealth:
Now, therefore, 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 1901-1936.
Dated this SEVENTH day of MAY , 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
(Sgd.) BEN COURTICE
Minister of State for Trade and Customs.
Amendment of the Customs (Prohibited Exports) Regulations.†
The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—
Third Schedule
“89 | Glycerine......... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
90 | Threads, cotton, and sewing cottons | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
91 | Beryllium metal, ores and concentrates | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping”. |
* Notified in the Commonwealth Gazette on , 1947.
† Statutory Rules 1935, No. 2, as amended by Statutory Rules 1935, Nos. 4, 103 and 115; 1936, Nos. 27, 87, 103 and 141; 1937, No. 73; 1938, Nos. 61, 65 and 86; 1939, No. 170; 1940, No. 30; 1941, No. 136; 1942, No. 479; 1945, Nos. 87 and 149; 1946, Nos. 10, 53, 90, 106, 126, 138, 160, 178 and 179; and 1947, Nos. 11 and 35.
By Authority. L. F. Johnston, Commonwealth Government Printer, Canberra.
1531.—Price 3d. 10/25.3.1947.
Overview
The Statutory Rules of 1947, No. 54, represent a legislative instrument under the Customs Act 1901-1936, enacted to address the need for controlling the exportation of certain goods deemed harmful to the Commonwealth. This regulation was promulgated by the Governor-General, acting on the advice of the Federal Executive Council, aiming to provide a structured framework for prohibiting or restricting the export of specified goods to safeguard national interests. The policy objective of these regulations is to ensure that the exportation of particular items such as glycerine, cotton threads and sewing cottons, and beryllium metal, ores, and concentrates is tightly controlled, thereby protecting the Commonwealth's economic and strategic resources.
Scope and Application
The Customs (Prohibited Exports) Regulations, as amended under the Customs Act 1901-1936, govern the exportation of certain goods that the Governor-General deems harmful to the Commonwealth. These regulations apply to any person or entity intending to export specified goods from Australia, including glycerine, cotton threads and sewing cottons, as well as beryllium metal, ores, and concentrates. The regulation mandates that the intending exporter must obtain a covering approval from the relevant department—Department of Commerce and Agriculture for glycerine and cotton threads, and Department of Supply and Shipping for beryllium metal, ores, and concentrates—before exporting these items. The geographic reach of these regulations is nationwide, encompassing the entire Commonwealth of Australia, and they apply to any export activity conducted within this jurisdiction. Subordinate instruments may further extend or restrict the application of these regulations, providing additional details or specific conditions under which the export of these items may be allowed.
Key Provisions
This statutory rule, made under the Customs Act 1901-1936, introduces new prohibitions on the export of certain goods, namely glycerine, cotton threads and sewing cottons, and beryllium metal, ores and concentrates, unless specific conditions are met. These new provisions are incorporated into the Third Schedule of the Customs (Prohibited Exports) Regulations (paragraphs 89 to 91). The rule stipulates that intending exporters of these goods must obtain a covering approval from the relevant government department before exporting these items. In this case, the Department of Commerce and Agriculture must approve the export of glycerine and cotton threads and sewing cottons, while the Department of Supply and Shipping must approve the export of beryllium metal, ores, and concentrates (paragraph 89 to 91).
The Act imposes certain obligations on the parties involved. Primarily, it requires any person or entity intending to export the specified goods to seek and obtain the appropriate approval from the relevant government department. For glycerine and cotton threads and sewing cottons, this means approaching the Department of Commerce and Agriculture, while for beryllium metal, ores, and concentrates, the Department of Supply and Shipping must be contacted. The approval process is integral to the regulation, as without it, the export of these goods is prohibited (paragraphs 89 to 91).
Failure to comply with these regulations can result in serious legal consequences. The Act does not explicitly detail the penalties for non-compliance; however, under the broader Customs Act 1901-1936, unauthorised exports can lead to civil or criminal penalties. Civil penalties may include fines, and in more severe cases, criminal charges can result, with penalties including imprisonment. The exact penalties would depend on the specific circumstances of the breach and would be determined in accordance with the provisions of the Customs Act 1901-1936.