EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1989 NO. 57
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
Section 112 of the Customs Act 1901 provides in part that “(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia. (2) The power conferred by sub-section (1) may be exercised - (a) by prohibiting the exportation of goods absolutely ...”
These Statutory Rules remove an obsolete export control on goods packed in a bag or sack which exceed ninety-one kilograms in weight.
This prohibition was originally introduced to protect labourers who were required to carry such sacks on their backs. Now, however, technological advances have resulted in the development of handling aids which have eliminated the need for the manual lifting of cargo. Additionally, industrial conditions have changed and the types of goods which were previously bagged are now shipped in bulk.
Accordingly, this prohibition, which is found in item 4 of the First Schedule to the Customs (Prohibited Exports) Regulations, is repealed. A similar repeal has also been effected to the corresponding item in the Customs (Prohibited Imports) Regulations (eg. item 14 of the Second Schedule).
As item 4 was the only remaining item in the First Schedule, Regulations 2 and 3 repeal Regulation 3 and the First Schedule to the Customs (Prohibited Exports) Regulations.
Regulation 1 is a machinery provision which provides that the Customs (Prohibited Exports) Regulations are the “Principal Regulations” for the purposes of these Statutory Rules.