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 twenty-second day of October, 1947.
W J. McKell
Governor-General.
By His Excellency’s Command,
(Sgd.) BEN COURTICE
Minister of State for Trade and Customs.
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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 item:—
“132. | Phenol formaldehyde moulding powder | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Post-war Reconstruction.”. |
* 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, 166, 178 and 179; and 1947, Nos. 11, 35, 54, 80, 82, 95, 105 and 116.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5946.—Price 3d. 9/22.9.1947.
Overview
Statutory Rules 1947 No. 15, enacted under the Customs Act 1901-1936, addresses the need to regulate the export of certain goods deemed potentially harmful to the Commonwealth. The legislation was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, and aims to restrict the export of specified goods, in this case phenol formaldehyde moulding powder, to safeguard national interests. The regulation requires exporters of this material to obtain a covering approval from the Department of Post-war Reconstruction before exportation can proceed, thus ensuring that such exports are conducted under controlled conditions that mitigate potential risks.
Scope and Application
The Customs (Prohibited Exports) Regulations, made under the Customs Act 1901-1936, apply to any individual or entity intending to export goods from Australia, particularly focusing on the exportation of phenol formaldehyde moulding powder. This regulation aims to control the exportation of specific goods that may be harmful to the Commonwealth if exported without proper oversight. The regulation is applicable across the Commonwealth of Australia and extends to all ports and places where the Customs Act operates. This includes both interstate and international export activities. The regulation stipulates that any export of phenol formaldehyde moulding powder must be accompanied by a covering approval issued by the Department of Post-war Reconstruction, thereby ensuring that such exports are subject to stringent controls. There are no stated exclusions or exemptions within the regulation itself; however, the scope of application may be further defined or extended through subsequent subordinate instruments.
Key Provisions
The Customs (Prohibited Exports) Regulations (item 132) stipulate that the export of phenol formaldehyde moulding powder is prohibited, unless the intending exporter has obtained a covering approval from the Department of Post-war Reconstruction (item 132). This regulation is part of a broader framework designed to control the export of certain goods deemed harmful to the Commonwealth. The regulation was introduced to ensure that exports of phenol formaldehyde moulding powder, a material with potential dual-use applications, are subject to appropriate oversight and control to safeguard national interests.
Entities intending to export phenol formaldehyde moulding powder must secure a covering approval from the Department of Post-war Reconstruction before attempting to export the goods. This requirement underscores the importance of ensuring that exports of potentially sensitive materials are subject to scrutiny to prevent misuse. The obligation to obtain this approval is a critical step in the export process and must be fulfilled prior to any attempt to export the specified goods.
Failure to comply with the requirements of this regulation can result in significant legal consequences. Under the Customs Act 1901-1936, unauthorised exportation of prohibited goods may lead to penalties. The specific penalties are not detailed in the regulation itself but would typically include fines and potential imprisonment for those found in breach of the Act. The severity of the penalties may vary based on the nature and extent of the violation, and it is imperative for intending exporters to adhere strictly to the regulatory requirements to avoid these consequences.