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 twentieth day of August, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
Amendment of the Customs (Prohibited Exports) Regulations.†
Third Schedule.
The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—
“127 | Agricultural machinery, namely, tractors; drills, grain and fertilizer cultivator; drills, seed, for cereal crops; harvesters, header; reaper threshers; reapers and binders; hay balers; rakes, side delivery; mowers; and spare parts of those machines | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
128 | Cattle, beef and dairy....................... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
129 | Cowpeas............................... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture |
130 | Ovaltine............................... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Commonwealth Prices Commissioner |
131 | Urea, urea moulding powders and urea glue........ | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Ministry 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, 58, 90, 106, 126, 138, 166, 178 and 179; and 1947, Nos. 11, 35, 54, 80, 82 and
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4220.—Price 3d. 9/28.7.1947.
Overview
The Customs (Prohibited Exports) Regulations 1947, made under the authority of the Customs Act 1901-1936, address the need to regulate the export of certain goods deemed harmful to the Commonwealth. Enacted by the Governor-General in Council, these regulations specifically target the export of agricultural machinery, cattle, cowpeas, urea, and Ovaltine, with the overarching policy objective to safeguard national interests and maintain strategic resource control during a period of post-war reconstruction. The regulations mandate that intending exporters obtain necessary approvals from designated authorities, such as the Department of Commerce and Agriculture or the Ministry of Post-war Reconstruction, before proceeding with exports. This legislative instrument underscores the Commonwealth's commitment to managing its resources prudently and ensuring that critical supplies remain available domestically.
Scope and Application
The Customs (Prohibited Exports) Regulations under the Customs Act 1901-1936 governs the export of certain specified goods from Australia to prevent any potential harm to the Commonwealth. These regulations apply to the export of goods listed in the Third Schedule of the Regulations, including agricultural machinery, cattle, cowpeas, urea, and Ovaltine. The scope of this legislation extends to both individuals and entities intending to export these items and covers the industries involved in the production and export of these goods. The geographic reach of these regulations is national, applying to the entire Commonwealth of Australia. The Regulations require intending exporters to obtain a covering approval from the relevant authority, such as the Department of Commerce and Agriculture or the Ministry of Post-war Reconstruction, before exporting the listed goods. This regulation may be further extended or restricted through subordinate instruments.
Key Provisions
This legislative instrument, made under the Customs Act 1901-1936, introduces regulations that prohibit the export of certain goods unless specific conditions are met. The primary sections (127-131) list items that cannot be exported without the necessary approvals. For instance, exporting agricultural machinery such as tractors, drills, harvesters, and related spare parts (Section 127) requires a covering approval from the Department of Commerce and Agriculture. Similarly, exporting cattle, beef, and dairy products (Section 128), cowpeas (Section 130), and urea-based products (Section 131) also mandates an approval from the relevant authority. The export of Ovaltine (Section 130), however, requires approval from the Commonwealth Prices Commissioner.
The regulations impose specific obligations on intending exporters to obtain the necessary approvals before attempting to export these goods. Exporters must ensure that they have the covering approval from the appropriate authority before presenting their goods to the Collector of Customs. Failure to comply with these requirements can result in the seizure of the goods and potential legal consequences.
The legislation does not explicitly state the penalties for non-compliance, but it implies that failure to secure the necessary approvals could lead to significant consequences. While the exact penalties are not detailed in the text, it is reasonable to infer that breaches of these regulations could result in civil or criminal penalties, including fines or imprisonment, depending on the severity and intent behind the violation. The specific penalties would likely be determined by the broader Customs Act 1901-1936 and any related case law or subsequent regulations.