Customs (Prohibited Exports) Regulations (Amendment)

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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.†

Third Schedule.

1. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended—

(a) by inserting in the second column of item 71, after the word “salts,”, the word “scrap,”;

(b) by omitting items 73, 74, 76, 79 and 82; and

* 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. 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, 54 and

3272.—Price 3d. 8/23.5.1947.

“96	Bristles and manufactured goods incorporating bristles	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping.
97	Caneite...............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of the Interior.
98	Fibro-cement...........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
99	Cement, Portland.........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
100	Earthenware, namely, pipes and fittings, sanitary ware, roofing tiles	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
101	Electrical materials, namely, bare and covered electrical wires and cables	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
102	Fibres, namely, sisal and Indian coir	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping.
103	Glass, clear and obscure	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
104	Gums and resins, natural and synthetic, for the preparation of paints	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
105	Gypsum, rock and calcined	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
106	Iron, cast and malleable	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
107	Iron and steel (including stainless steel), namely, plates (including black iron and galvanized plates); sheets (including black iron, galvanized and corrugated galvanized sheets); castings; second-hand billets, bars, angles, flats and sections	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
108	Joinery (including all mouldings, made-up doors and windows, door frames, door jambs, box frames and sashes)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of the Interior.
109	Masonite..............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of the Interior.
110	Oils, drying (for paints and lacquers)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
111	Paints and lacquers (oil, water and synthetic)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
112	Pigments and colours......	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.

113	Plaster, fibrous..........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
114	Rods, steel (including engineers’ rounds and reinforcing)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
115	Seeds of the castor oil plant	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
116	Solder, bars and strips	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping.
117	Thinners and solvents (for paints and lacquers)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
118	Wallboards, gypsum.......	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Works and Housing.
119	Prepared cooking mixtures containing animal or vegetable fat	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture.
120	Sodium sulphide.........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture.
121	Casein, lactic and rennet, and manufactures of rennet casein, namely, rods and sheets	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Commonwealth Prices Commissioner.
122	Mica.................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping.
123	Honey, and mixtures and spreads containing honey	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture.”.

Fourth Schedule.

2. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 5a the following item:—

“5b	Cocoa-bean products, namely, couverture, cocoa butter and neatwork.”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs (Prohibited Exports) Regulations 1947 were enacted under the Customs Act 1901-1936, allowing the Governor-General to prohibit the exportation of goods deemed harmful to the Commonwealth. This legislative instrument was introduced to address the need for controlling the export of specific goods that could negatively impact national interests or security. Enacted by the Governor-General in Council, the Regulations aimed to provide the executive authority with the flexibility to respond to changing circumstances by prohibiting or restricting the export of certain goods. The Regulations updated the list of prohibited and conditionally exportable goods, reflecting evolving economic and strategic priorities of the time.

Scope and Application

The Customs (Prohibited Exports) Regulations 1947, made under the Customs Act 1901-1936, govern the exportation of specific goods that are deemed harmful to the Commonwealth. This legislation applies to any person or entity intending to export the listed goods unless they comply with the specified conditions or restrictions. The regulation impacts various industries, including manufacturing, construction, and agriculture, by prohibiting the exportation of certain materials and products without appropriate approvals from relevant government departments. The geographic scope of these regulations is national, applying across the Commonwealth of Australia. Specific exclusions or exemptions are not detailed in the provided excerpt, but the necessity for a covering approval suggests that certain exports may be allowed under specific circumstances. The application of these regulations may be extended or restricted through subordinate instruments, such as further amendments or specific departmental approvals.

Key Provisions

The key sections of these Regulations under the Customs Act 1901-1936 pertain to the prohibition of the export of specific goods that could be deemed harmful to the Commonwealth (Section 1). The Third Schedule of the Customs (Prohibited Exports) Regulations has been amended to include additional goods that require a covering approval from specified government departments before exportation can occur (Section 1(a)–(c)). Specifically, items such as bristles, caneite, fibro-cement, cement, earthenware, electrical materials, fibres, glass, gums and resins, gypsum, iron, iron and steel, joinery, masonite, oils, paints and lacquers, pigments and colours, plaster, rods, seeds of the castor oil plant, solder, thinners and solvents, wallboards, prepared cooking mixtures, sodium sulphide, casein, mica, honey, and cocoa-bean products are now subject to these requirements (Section 1(c), items 96–123, and Fourth Schedule item 5b). These Regulations impose obligations on intending exporters to obtain a covering approval from the relevant government department before attempting to export the listed goods. Each item in the amended Third Schedule specifies the department that must issue the approval. For instance, items such as fibro-cement, cement, earthenware, electrical materials, and others require an approval from the Department of Works and Housing (Section 1(c), items 96–123). Other items, such as bristles, fibres, mica, and honey, require an approval from the Department of Supply and Shipping, while casein requires approval from the Commonwealth Prices Commissioner (Section 1(c), items 96–123). Failure to comply with these Regulations by obtaining the necessary covering approval before exporting the listed goods can result in civil or criminal penalties. While the specific penalties are not detailed in the provided text, it is understood that breaches of customs regulations can lead to significant fines, confiscation of goods, and potential imprisonment under the relevant legislation. The severity of penalties can vary based on the nature and extent of the breach, and it is advisable for intending exporters to ensure strict compliance to avoid such consequences.

Area of Law: Customs Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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