STATUTORY RULES.
1949. No. .
REGULATION UNDER THE CUSTOMS ACT 1901-1947.*
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 1901-1947.
Dated this ninth day of March, 1949.
W. J. McKell
Governor-General.
By His Excellency's Command,
(Sgd.) BEN COURTICE
Minister of State for Trade and Customs.
Amendment of the Customs (Prohibited Exports) Regulations. †
Seventh Schedule.
The Seventh Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following item:-
“2. | Liqueurs | United Kingdom | 1. The alcoholic strength of a liqueur shall be determined by distillation and shall be not less than the alcoholic strength set out opposite the name of that liqueur in the following table:— |
| Proof Spirit |
| | | Advocaat ............... | 30 per centum |
Cherry Brandy ............ | 43 per centum |
Apricot Brandy, Blackberry Brandy, Crême de Café, Crême de Cassia, Crême de Cocao, Crême de Menthe, Maraschino and Peach Brandy | 50 per centum |
Curaçoa, White or Orange..... | 55 per centum |
Kummel................ | 60 per centum |
Benedictine, Chartreuse, Cointreau, Grand Marnier and similar types of liqueurs | 65 per centum |
All other liqueurs........... | 50 per centum |
|
2. Notwithstanding the provisions of the last preceding paragraph, the Minister may, in his discretion, allow such margin of tolerance in respect of the minimum alcoholic strength of a liqueur as he thinks fit”. |
* Notified in the Commonwealth Gazette on , 1949.
† 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, 53, 90, 106, 126, 138, 166, 178 and 179 ; 1947, Nos. 11, 35, 54, 80, 82, 95, 105, 116, 138 and 153 ; and 1948, Nos. 6, 50, 105 and 120.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6155.—Price 3D. 9/16.2.1949.
Overview
The Customs (Prohibited Exports) Regulations 1949, enacted by the Commonwealth of Australia, aims to amend the existing regulations concerning the export of specific alcoholic beverages from Australia, particularly liqueurs. This regulation was introduced to address the need for more stringent controls on the export of alcohol, ensuring that the products meet certain quality and strength standards before leaving the country. The regulation was made under the authority of the Customs Act 1901-1947 and was issued by the Governor-General in Council, following the advice of the relevant Minister. The policy objective behind this regulation is to maintain the integrity and quality of Australian exports by setting minimum alcoholic strength requirements for various types of liqueurs, thereby protecting the reputation of Australian products in the international market.
Scope and Application
This statutory instrument pertains to the Customs (Prohibited Exports) Regulations, specifically amending the Seventh Schedule by adding regulations concerning the alcoholic strength of liqueurs exported from the United Kingdom. The regulation applies to the entities and individuals involved in the export of liqueurs, ensuring that these products meet the specified alcoholic strength standards. The geographic scope of this regulation is national, as it is made under the Customs Act 1901-1947, thereby applying across the Commonwealth of Australia. It is noteworthy that the regulation does not explicitly state any exclusions or exemptions, implying that all liqueurs exported under the defined conditions must comply with the prescribed alcoholic strength levels. Additionally, the regulation allows the Minister to exercise discretion in allowing a margin of tolerance for the minimum alcoholic strength, thus providing some flexibility in its enforcement.
Key Provisions
The main operative sections of this Statutory Rule, specifically amending the Customs (Prohibited Exports) Regulations, pertain to the addition of a new item in the Seventh Schedule (1). This addition sets out specific requirements for the alcoholic strength of liqueurs when exported from the United Kingdom. According to the amendment, the alcoholic strength of a liqueur must be determined by distillation and must not be less than the minimum percentages specified for each type of liqueur (1(1)). For example, Advocaat must have an alcoholic strength of at least 30 per centum, while Cherry Brandy must be at least 43 per centum. The Minister is also given discretion to allow a margin of tolerance in respect of the minimum alcoholic strength of a liqueur as they see fit (1(2)).
The obligations imposed by this legislation primarily affect entities or individuals involved in the export of liqueurs from the United Kingdom. They must ensure that the alcoholic strength of the exported liqueurs meets the specified minimum percentages as outlined in the amendment. This includes adhering to the detailed requirements for various types of liqueurs, such as Advocaat, Cherry Brandy, and others. The Minister’s discretion to allow a margin of tolerance means that while the primary obligation is to meet the specified alcoholic strength, there may be instances where slight deviations are permissible, subject to the Minister's approval.
The regulation does not explicitly state offences, penalties, or civil/criminal consequences for breach within the provided text. However, generally, breaches of customs regulations can lead to penalties such as fines, confiscation of goods, and potential legal action. The severity of these penalties can depend on the nature and extent of the breach, and could include substantial financial penalties, depending on the specific provisions of the Customs Act 1901-1947 and any related legislation.