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this prohibition, which is found in item 4 of the First Schedule to the Customs (Prohibited Exports) Regulations, is repealed.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.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1989 No. 57, enacted by the authority of the Minister of State for Science, Customs and Small Business, address an outdated export control established under the Customs Act 1901. The primary objective of this amendment is to remove a prohibition on the exportation of goods packed in bags or sacks exceeding ninety-one kilograms, which was originally instituted to safeguard labourers from the physical strain of manually carrying such heavy loads. With advancements in technology and changes in industrial practices, the need for this restriction has diminished, as modern handling aids and bulk shipping methods have effectively replaced manual labour. Consequently, the amendment repeals the relevant regulation, ensuring the Customs Act 1901 remains aligned with current industrial standards and technological capabilities.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1989 No. 57 amend the Customs (Prohibited Exports) Regulations, which were established under the Customs Act 1901, to repeal an obsolete export control. This control, which was previously implemented to protect labourers from the manual handling of goods packed in bags or sacks weighing over ninety-one kilograms, is now redundant due to technological advancements and changes in industrial practices. The amendment applies to any entity or individual involved in the exportation of goods from Australia, effectively removing the restriction on the exportation of goods packed in bags or sacks exceeding ninety-one kilograms in weight. This amendment has a national reach, applying across Australia as it is an amendment to Commonwealth legislation. There are no stated exclusions or exemptions in these rules, and the repeal of the regulation means that the only remaining aspect of the Customs (Prohibited Exports) Regulations is now rendered obsolete, leading to the repeal of the regulations themselves. The changes made by these rules are direct and do not extend or restrict application through subordinate instruments.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1989 No. 57 primarily amend the Customs (Prohibited Exports) Regulations by repealing an obsolete prohibition on the export of goods packed in bags or sacks exceeding ninety-one kilograms in weight (section 1). This prohibition was initially introduced to safeguard labourers who had to manually carry such heavy sacks, but it has since become redundant due to technological advancements and changes in industrial practices (section 1). The amendment involves repealing item 4 of the First Schedule to the Customs (Prohibited Exports) Regulations, which was the sole remaining item in that schedule, and subsequently repealing Regulations 2 and 3, as well as the First Schedule itself (section 2). Regulation 1 serves as a machinery provision, designating the Customs (Prohibited Exports) Regulations as the "Principal Regulations" for the purposes of these Statutory Rules (section 1).
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules impose no new obligations or requirements on parties or entities beyond what is outlined in the Customs Act 1901 and the Customs (Prohibited Exports) Regulations. Instead, the amendment effectively removes a specific regulatory restriction that was previously in place. The Customs Act 1901 allows the Governor-General to prohibit the exportation of goods by regulation, a power which these Statutory Rules utilise to remove the outdated prohibition on heavy bagged goods (section 112(1)-(2)). The obligation to comply with the updated regulations now means that parties are free to export goods packed in bags or sacks exceeding ninety-one kilograms in weight, provided they meet all other applicable customs and export requirements.
Breaches of the Customs Act 1901 or the Customs (Prohibited Exports) Regulations, including the now-repealed prohibition on heavy bagged goods, can lead to both civil and criminal consequences. The Act provides for a range of penalties for non-compliance with customs regulations, including fines and imprisonment. The maximum penalties can vary significantly depending on the nature and severity of the offence. For example, an offence under the Customs Act that carries a penalty of a fine not exceeding 10,000 penalty units or imprisonment for five years, or both, is considered a serious breach (section 227(1)(a)). Given that these Statutory Rules involve the repeal of a specific prohibition, any previous enforcement actions related to this repealed prohibition would no longer apply, but general compliance with the Customs Act and its regulations remains mandatory.