STATUTORY RULES.
1940 No. 30.
––––––
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 the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of fossil materials and other geological specimens, except with the consent of the Minister of State for Trade and Customs, 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 Fourteenth day of February , 1940
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
Amendment of the Customs (Prohibited Exports) Regulations. †
Fourth Schedule.
The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 6 the following item:—
“6aa. | Fossil materials and other geological specimens.”.
* Notified in the Commonwealth Gazette on , 1940.
† 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; and 1939. No. 170.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
648—7/30.1.1940.—Price 3d.
Overview
The Statutory Rules 1940 No. 30, enacted under the Customs Act 1901-1936, addresses the problem of preventing the harmful exportation of fossil materials and other geological specimens from Australia. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, to protect the nation's geological heritage and scientific resources. The policy objective is to ensure that the exportation of such materials is only permitted with the explicit consent of the Minister of State for Trade and Customs, thereby safeguarding Australia's interests and maintaining control over valuable natural resources. This legislative instrument was designed to amend the Customs (Prohibited Exports) Regulations by adding fossil materials and geological specimens to the list of items subject to export restrictions.
Scope and Application
This Statutory Rule, made under the Customs Act 1901-1936, pertains to the regulation of exports that may be detrimental to the Commonwealth of Australia. Specifically, the Governor-General, in consultation with the Federal Executive Council, has determined that the exportation of fossil materials and other geological specimens without the Minister of State for Trade and Customs’ consent is harmful and has thus prohibited such exports. This prohibition extends to the exportation of these items either generally or to any specified location, either absolutely or with conditions and restrictions as deemed necessary. The regulation amends the Customs (Prohibited Exports) Regulations by adding fossil materials and geological specimens to the list of prohibited exports, thereby ensuring that these valuable resources remain within the nation's jurisdiction to safeguard cultural and scientific interests. This regulatory measure is in effect across the Commonwealth, applying uniformly to all persons and entities involved in the exportation of these specified items.
Key Provisions
The operative sections of this statutory instrument (C1940L00030) are found in the Fourth Schedule of the Customs (Prohibited Exports) Regulations. Specifically, section 6aa, newly inserted after item 6, mandates the prohibition of the exportation of fossil materials and other geological specimens. This prohibition can be absolute or conditional, subject to the consent of the Minister of State for Trade and Customs. The regulation underscores the Governor-General’s authority under section 112 of the Customs Act 1901-1936 to prevent exports deemed harmful to the Commonwealth.
The Act imposes significant obligations on entities and individuals seeking to export fossil materials and geological specimens. Any person or entity intending to export these items must obtain explicit consent from the Minister of State for Trade and Customs. This consent requirement ensures that the exportation of such materials is subject to scrutiny and regulation, aimed at preventing potential harm to the Commonwealth. The consent process likely involves providing detailed information about the specimens, their origin, and the intended destination, as well as any other relevant considerations that the Minister may deem necessary.
Failure to comply with the provisions of this regulation may result in severe legal consequences. The Act does not explicitly detail specific offences or penalties within the provided text; however, given its foundation under the Customs Act 1901-1936, breaches are likely to be treated with the same severity as other customs violations. Typically, unauthorised exportation of prohibited items can result in civil penalties, including fines, and criminal charges, potentially leading to imprisonment. The exact penalties would depend on the circumstances of the breach and could be determined by a court of law.