STATUTORY RULES.
1947. No. .
REGULATIONS 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 these Regulations, except as provided in these Regulations, 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 Regulations under the Customs Act 1901-1936.
Dated this Twenty-fifth day of June, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
(SGD.) BEN COURTICE
Minister of State for Trade and Customs.
Amendments of Customs (Prohibited Exports) Regulations.†
Second Schedule.
1. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 4.
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items:—
“92 | Caustic soda .. | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing. |
93 | Jute, raw, and goods manufactured wholly or partly from jute | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping. |
* 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 1949; 1946, Nos. 10, 53, 90, 106, 126, 138, 166, 178 and 179; and 1947, Nos. 11, 35 and 54.
2778.—Price 3d. 10/22.5.1947.
94 | Soda ash.......... | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing. |
95 | Tinplate and goods and containers (whether containing goods or not) manufactured wholly or partly from tinplate | The intending exporter— (a) where the tinplate is in sheets, shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping; and (b) where the tinplate was manufactured in the United States of America, shall, if so requested by the Collector of Customs, produce to the Collector a covering approval issued by the Commonwealth Prices Commissioner.’’. |
Fourth Schedule.
3. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 7a the following items:—
“7b | Paper, printing, writing and wrapping and goods manufactured wholly or partly from paper, except when exported with goods as wrapping, packing or containers for the goods in accordance with the usual commercial practice. |
7c | Paperboards and goods manufactured wholly or partly from paperboards, except when exported with goods as wrapping, packing or containers for the goods in accordance with the usual commercial practice. |
7d | Preventives of conception, whether medicinal or otherwise, and any literature or advertising matter relating thereto.”. |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Customs (Prohibited Exports) Regulations 1947 were enacted under the Customs Act 1901-1936 to address the need for control over the exportation of specific goods deemed harmful to the Commonwealth. The regulations were made by the Governor-General in Council under the authority granted by section 112 of the Customs Act, which allows the Governor-General to prohibit the exportation of goods that could be harmful. The primary objective of these regulations is to ensure that certain goods, including caustic soda, jute, soda ash, tinplate, paper, paperboards, and preventives of conception, are only exported if they meet specified conditions or have received the necessary approvals from relevant departments. This legislative instrument aims to maintain the security and economic stability of Australia by controlling the export of strategic materials and goods.
Scope and Application
The Customs (Prohibited Exports) Regulations, under the Customs Act 1901-1936, apply to individuals and entities intending to export specified goods from Australia. The Act applies to the entire Commonwealth of Australia and governs the exportation of certain goods deemed harmful to the nation if exported without restriction. The legislation provides for the prohibition of exports of specific goods such as caustic soda, raw jute and its manufactured products, soda ash, tinplate and its manufactured goods, paper, paperboards, and contraceptives, unless certain conditions are met. For example, the export of caustic soda and soda ash requires a covering approval from the Department of Works and Housing, while raw jute and its manufactured goods require an approval from the Department of Supply and Shipping. Additionally, the export of paper, paperboards, and contraceptives is restricted unless they are exported as wrapping, packing, or containers for other goods following commercial practices. The Governor-General’s power to prohibit exports is exercised through subordinate instruments, which can further extend or restrict the application of the Act by specifying additional conditions or exceptions.
Key Provisions
The Customs (Prohibited Exports) Regulations 1947 under the Customs Act 1901-1936 establish specific items that are prohibited from being exported from Australia unless certain conditions are met. These items include caustic soda (item 92), raw jute and goods manufactured from jute (item 93), soda ash (item 94), tinplate and goods made from tinplate (item 95), and paper, paperboards, and contraceptives (items 7b, 7c, and 7d). For these items, intending exporters must obtain a covering approval from the relevant government department before exportation is permitted. For caustic soda and soda ash, the Department of Works and Housing must issue the approval, while for raw jute and goods made from jute, the Department of Supply and Shipping is responsible. For tinplate, the Department of Supply and Shipping issues the approval unless the tinplate was manufactured in the United States of America, in which case the Commonwealth Prices Commissioner must issue the approval upon request. Paper, paperboards, and contraceptives are subject to additional restrictions, such as being prohibited unless exported with other goods as wrapping, packing, or containers in accordance with usual commercial practice.
The Act imposes specific obligations on parties seeking to export the listed items. Primarily, intending exporters must ensure they obtain the required covering approvals from the relevant authorities. For caustic soda and soda ash, the Department of Works and Housing must issue the approval, which likely involves a review process to ensure compliance with any export restrictions or conditions. For raw jute and goods made from jute, the Department of Supply and Shipping must issue the approval, which may include assessing whether the export aligns with national interests or security. For tinplate, the Department of Supply and Shipping issues the approval unless it was manufactured in the United States of America, in which case the Commonwealth Prices Commissioner must issue the approval if requested by the Collector of Customs. This process ensures that exports of strategic materials are controlled and monitored. For paper, paperboards, and contraceptives, the Act imposes conditions such as prohibiting exports unless they are used as wrapping, packing, or containers for other goods, aligning with commercial practices.
Failure to comply with the requirements of the Customs (Prohibited Exports) Regulations 1947 may result in legal consequences. The Act does not specify particular offences or penalties within the text provided, but breaches of customs regulations generally attract penalties under the Customs Act 1901-1936. Offences related to the unauthorised export of prohibited items could result in criminal charges, with potential penalties including fines and imprisonment. Additionally, civil penalties may apply for non-compliance, which could include financial penalties and the seizure of goods. The exact penalties would depend on the specific circumstances of the breach and any applicable laws or regulations at the time.