STATUTORY RULES
1946. No. 179.
REGULATION UNDER THE CUSTOMS ACT 1901–1936.*
WHEREAS by section 112 of the Customs, Act 1901–1938 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 mate the following Regulation under the Customs Act 1901–1936.
Dated this eleventh day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
BEN. COURTICE
Minister of State for Trade and Customs.
Amendment of the Customs (Prohibited Exports) Regulations.†
The Third Schedule of the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following item:—
Third Schedule.
“72 | Iron and steel, scrap ….. | The intending exporter shall produce to the Collector of Customs a covering Approval issued by the Department of Works and Housing.”. |
* Notified in the Commonwealth Gazette on 12th December, 1946.
† 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 80; 1939, No. 170; 1940, No, 30; 1941, No. 130: 1942, No. 470; 1945, Nos. 87 and 149; and 1946, Nos. 19, 58, 90, 106, 120, 138 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7177.—Price 3d.
Overview
Statutory Rules 1946 No. 179, enacted under the Customs Act 1901–1936, was introduced to address the potential harm to the Commonwealth arising from the exportation of certain goods. This legislative instrument was enacted by the Governor-General in Council, following the advice of the Federal Executive Council, and is part of a series of regulations aimed at controlling and restricting the export of specified goods. The primary policy objective behind this regulation is to ensure that the exportation of iron and steel scrap, which could be detrimental to national interests, is subject to stringent controls and requires approval from the Department of Works and Housing. This measure was taken to safeguard the Commonwealth’s resources and maintain economic stability during a time of post-war reconstruction and resource management.
Scope and Application
This regulation, made under the Customs Act 1901–1936, pertains to the prohibition of exporting certain goods deemed harmful to the Commonwealth. Specifically, it introduces a new prohibition on the exportation of scrap iron and steel, except when an approval has been issued by the Department of Works and Housing. The regulation applies to all persons and entities intending to export scrap iron and steel from Australia, requiring them to obtain the necessary approval from the specified department before proceeding with the export. This regulation extends to the entire Commonwealth of Australia, thereby encompassing all states and territories under federal jurisdiction. The regulation operates within the broader framework of the Customs Act 1901–1936 and is subject to further modification or clarification through subordinate instruments. Any amendments or additions to the list of prohibited exports would also be governed by this legislative instrument, ensuring a consistent and controlled approach to export restrictions.
Key Provisions
The main operative sections of this legislation, as outlined in the Customs (Prohibited Exports) Regulations, pertain to the addition of a new item to the Third Schedule of the Regulations (Third Schedule). Specifically, this regulation adds scrap iron and steel to the list of goods whose exportation is prohibited, except as provided in the Regulation (Third Schedule, item 72). To export scrap iron and steel, an intending exporter must obtain a covering approval issued by the Department of Works and Housing, which must be presented to the Collector of Customs (Third Schedule, item 72).
This Act imposes specific obligations on parties wishing to export scrap iron and steel. Primarily, these parties must secure a covering approval from the Department of Works and Housing before attempting to export the goods. This approval process ensures that the exportation of scrap iron and steel does not harm the Commonwealth. Once the approval is obtained, the intending exporter must present this approval to the Collector of Customs to facilitate the export process. Failure to comply with these requirements could result in the prohibition of the export and potential legal consequences.
Breaches of this regulation can lead to both civil and criminal consequences. While the specific civil consequences are not detailed within the text, it is clear that failure to comply with the requirements to obtain the necessary approval or present it to the Collector of Customs could result in penalties. The exact nature of these penalties is not specified within the provided text, but they could include fines or other financial penalties. Additionally, there may be criminal penalties imposed for more severe breaches, although the specific maximum penalties are not detailed within the provided excerpt. However, the severity of these penalties would be determined by the relevant authorities and could potentially include imprisonment.