Statutory Rules
1973 No. 102
REGULATION UNDER THE CUSTOMS ACT 1901-1971*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1971.
Dated this fifth day of June, 1973.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd) LIONEL MURPHY
Minister of State for Customs & Excise.
—–––––
AMENDMENT OF THE CUSTOMS (PROHIBITED EXPORTS) REGULATIONS†
Second Schedule—Part I.
Part I of the Second Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 5 the following item—
* Notified in the Commonwealth Gazette on 1973 .
† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963, Nos. 129 and 130; 1964, 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 and 74
“5a. Coin made, or appearing, whether by reason of the date on the coin or otherwise, to have been made, whether in Australia or elsewhere, before the date of commencement of the Customs Act 1901, namely, 4th October, 1901, and a facsimile or imitation of, and a dummy representing, such a coin.”.
Overview
The Statutory Rules 1973 No. 102, made under the Customs Act 1901-1971, address the need to regulate the export of historical coins and their facsimiles, imitations, and dummies. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations aim to preserve and protect Australia's historical heritage by preventing the illicit export of culturally significant items. The Customs (Prohibited Exports) Regulations were amended to include a new item prohibiting the export of coins made before 4 October 1901, or those appearing to be from that period, along with any facsimiles, imitations, or dummies of such coins. This regulatory measure underscores the policy objective of safeguarding Australia's historical and cultural assets by controlling the unauthorised removal of these valuable items from the country.
Scope and Application
The Statutory Rules 1973 No. 102, made under the Customs Act 1901-1971, amends the Customs (Prohibited Exports) Regulations by prohibiting the export of coins made before the commencement of the Customs Act 1901, specifically dated 4th October 1901, as well as any facsimiles, imitations, or dummies representing such coins. This regulation applies to any person or entity attempting to export these specified coins from Australia. The geographic reach of this regulation is national, as it pertains to exports from Australian territory. The amendment does not explicitly mention any exclusions or exemptions, suggesting that all such coins and related items are subject to the prohibition unless otherwise specified through subordinate instruments. The regulation underscores the Commonwealth's authority over the control of exports, ensuring that historical or replica coins of significant age are retained within Australian borders.
Key Provisions
The main operative sections of this regulation, found in Part I of the Second Schedule, introduce a new item (item 5a) into the Customs (Prohibited Exports) Regulations. This new item, added after item 5, specifically addresses the prohibition on exporting coins that are made or appear to have been made before the commencement of the Customs Act 1901 on 4 October 1901. This includes actual coins, facsimiles, imitations, and dummy representations of such coins.
This regulation imposes a clear obligation on entities and individuals to refrain from exporting coins that fit the description outlined in item 5a. This means that any coin that appears to be older than the commencement date of the Customs Act 1901, regardless of whether it was made in Australia or elsewhere, cannot be exported without proper authorisation. The regulation extends this prohibition to include any facsimile, imitation, or dummy that could be mistaken for an authentic pre-1901 coin.
Failure to comply with this regulation can result in significant consequences. While the regulation itself does not explicitly state the penalties for breaches, under the broader Customs Act 1901, unauthorised export activities can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined based on the specific circumstances of each case, but the potential for significant financial and legal repercussions underscores the importance of adhering to the regulation.
In summary, this regulation adds a new layer of restriction on the export of historical coins, ensuring that items that appear to predate the commencement of the Customs Act 1901 are not exported without proper authorisation. The obligations placed on exporters are clear and stringent, and non-compliance can lead to serious legal and financial penalties.