Customs (Prohibited Exports) Regulations (Amendment)

Legislation au C1951L00122 Regulations Not in force Legislative Instrument

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Statutory Rules 1951, No. 122.(o)

Third Schedule.

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

(a) by omitting items 31 and 32;

(b) by omitting item 37 and inserting in its stead the following item:—

“37

Rice and rice substitutes made from wheat

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(o) Made under the Customs Act 1901-1950 on 15th October, 1951; notified in Gazette 18th October, 1951.

(d) by omitting item 45 and inserting in its stead the following item:—

“45

Sulphate of ammonia and compounded fertilizers containing sulphate of ammonia

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(e) by omitting item 46;

(f) by omitting item 47 and inserting in its stead the following item:—

“47

Phosphate and superphosphate and fertilizers containing phosphate or superphosphate

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(g) by omitting items 61 and 62 and inserting in their stead the following items:—

“61	Zinc, and alloys containing zinc, in the form of bars, castings, ingots, ore, plates, scrap, sheets or strips	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“62	Zinc ash, zinc dross, zinc dust and zinc oxide	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development”;

(h) by omitting item 66 and inserting in its stead the following item:—

“66

Paris Green...............

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(i) by omitting item 69;

(j) by omitting item 72;

(k) by omitting items 87 and 88 and inserting in their stead the following items:—

“87	Seeds, namely, eucalyptus polybractae, linseed	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“88	Seeds, vegetable, namely, asparagus, French bean, red beet, silver beet, cabbage, carrot, cauliflower, cucumber, lettuce, marrow, onion, parsnip, garden pea, pumpkin, squash, rock melon, water melon	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(l) by omitting item 104 and inserting in its stead the following item:—

“104

Gums and resins, natural and synthetic

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development”;

(m) by omitting items 106 and 107 and inserting in their stead the following item:—

“107

Iron and steel (including cast iron, malleable iron and stainless steel) in the form of angles, bars, billets, castings, flats, gauze, hoops, pipes, plates, rods, scrap, sections, sheets (including corrugated sheets), spring steel, strips, wire (including barbed wire, galvanized wire, wire fabric and wire netting) and tubes

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development”;

(n) by omitting item 114;

(o) by omitting item 121 and inserting in its stead the following item:—

“121

Casein...................

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture”;

(p) by omitting item 124 and inserting in its stead the following item:—

“124

Aircraft (assembled or dismantled)

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Civil Aviation”;

(q) by omitting item 133 and inserting in its stead the following items:—

“133	Motor vehicles partly or wholly assembled	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Shipping and Transport
“133a	Spare and component parts and accessories for motor vehicles	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply”;

(r) by omitting items 144 and 155; and

(s) by adding after item 161 the following items:—

“162

Bauxite ...................

The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development

“163	Rubber in any form, goods consisting of or containing rubber, or goods manufactured or derived in whole or in part from rubber	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Supply
“164	Crude petroleum, diesel oil, fuel oil, kerosene, petrol and solar oil	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“165	Wool and goods consisting of or containing wool, or manufactured or derived in whole or in part from wool	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“166	Aureomycin ................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health
“167	Chloramphenicol (Chloromycetin)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health
“168	Streptomycin and Dihydrostreptomycin	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health
“169	Phenothiazine and preparations containing phenothiazine	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“170	Derivatives of para-aminobenzene sulphonamide, namely:—	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health
	Phthalylsulphathiazole
	Succinylsulphathiazole
	Sulphacctamide
	Sulphadiazine
	Sulphadimidine
	Sulphaguanidine
	Sulphamerazine
	Sulphanilamide
	Sulphapyridine
	Sulphathiazole
“171	Penicillin in any form	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health
“172	Raw and processed pituitary glands, and parts of pituitary glands, of pigs, sheep and cattle, and extracts of, and preparations containing, pituitary glands of those animals	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Health

“173	Bolts, namely, barrel, chain, cupboard, pad, socket, tower	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“174	Castor oil..................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“175	Chromium oxide`.............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“176	Coconut oil.................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“177	Copra.....................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“178	Crude or partly refined mineral sand containing cassiterite, ilmenite, monazite, rutile or zircon	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“179	Door bells..................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“180	Fencing posts made of iron and steel (including stainless steel)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“181	Hasps and staples.............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“182	Hides and skins..............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“183	Hooks, namely, cabin, cleat, cup, hat and coat, picture, wardrobe	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“184	Ilmenite ore and concentrates	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development

“185	Insecticidal powders other than cube, derris, pyrethrum and rotenone	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“186	Iron and steel (including stainless steel) bolts, nuts and rivets	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“187	Kyanite...................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“188	Leather, and goods of the following kinds consisting of or containing, or substantially consisting of or containing, leather, namely, bags, baskets, bands (including picking bands), belts and belting, boxes, cases, footwear, harness, roller skins, saddlery, straps (including picking straps), trunks and washers	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“189	Linoleum..................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“190	Linseed oil.................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“191	Lithopone..................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“192	Margarine..................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“193	Metal baths and sinks..........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“194	Metal chain and metal chain cables	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“195	Metal cistern pulls............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development

“196	Metal coppers...............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“197	Metal cylinder containers.......	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“198	Metal fittings and appliances of the following kinds for use on or with cupboards, doors, drawers, gates, windows and shutters, namely, blind and sash rollers, catches, casement and sash fasteners, casement stays, cupboard buttons, door knockers, escutcheons, finger plates, handles, knobs, latches, locksets, pulls, sash balances, sash lifts, sash sheaves and springs	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“199	Metal hinges................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“200	Metal shelf brackets...........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“201	Metal towel rails and metal fittings for towel rails	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“202	Monazite ore and concentrates....	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“203	Nails and clout tacks made of iron and steel (including stainless steel)	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“204	Naphthalene................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“205	Phthalic anhydride............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development

“206	Plywood made from rotary cut or sliced veneers	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of the Interior
“207	Pulleys, namely, awning, axle, lazy, sash, upright	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“208	Rutile ore and concentrates	The intending exporter shal produce to the Collector of Customs a covering approval issued by the Department of National Development
“209	Screws....................	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“210	Timber (dressed or undressed) including logs, poles, piles and railway sleepers	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of the Interior
“211	Titanium dioxide .............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“212	Titanium oxide white..........	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“213	Titanium white...............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“214	Wood flour.................	The intending exporter shall produce, to the Collector of Customs a covering approval issued by the Department of National Development
“215	Zircon ore and concentrates......	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of National Development
“216	Sulphuric acid...............	The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture
“217	Iron pyrites ore and concentrates and pyrrhotite ore and concentrates	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—

(a) by inserting after item 5c the following item:—

“5d	Diamonds.”;

(b) by omitting item Gab and inserting in its stead the following item:—

“6ab

Hops.”;

“6ae	Mineral lubricating oil.”;

(d) by omitting from item 7b the words “and goods manufactured wholly or partly from paper”;

(f) by omitting item 9a; and

(g) by inserting after item 10a the following item:—

“10b

Tea.”.

Overview

Statutory Rules 1951, No. 122, made under the Customs Act 1901-1950, amends the Customs (Prohibited Exports) Regulations by modifying the lists of items that require approval for export. The amendments were enacted on 15th October 1951 and notified in the Gazette on 18th October 1951. These changes were introduced to address the need for more detailed regulations on the export of certain goods, ensuring that appropriate approvals are sought from relevant government departments before exportation. The policy objective is to maintain control over the export of specific items that may have national security implications, economic value, or require health and safety oversight. This was enacted by the Parliament of Australia to refine and update the existing regulatory framework governing exports.

Scope and Application

Statutory Rules 1951, No. 122, under the Customs Act 1901-1950, regulates the export of specific goods by requiring intending exporters to obtain a covering approval from relevant Australian government departments. This legislative instrument applies to entities or individuals seeking to export certain goods listed in the amended Third and Fourth Schedules of the Customs (Prohibited Exports) Regulations. The amendments detail a range of products, including agricultural products like rice and seeds, industrial materials such as zinc and iron, and pharmaceuticals like penicillin and phenothiazine. The geographic reach of this legislation is national, governing exports throughout Australia. The amendments specify that exporters must present a covering approval issued by the relevant department, such as the Department of Commerce and Agriculture or the Department of National Development, depending on the category of goods. Subordinate instruments may further define the scope and application of this legislation, but the primary focus remains on the requirement for covering approvals for the specified exports.

Key Provisions

The Customs (Prohibited Exports) Regulations 1951, particularly as amended by Statutory Rules 1951, No. 122, introduce several changes to the list of items that require a covering approval from the relevant government department before export. The main operative sections of these amendments include the insertion of new items and the amendment of existing ones in the Third and Fourth Schedules of the Regulations. For instance, under the Third Schedule, new items such as rice and rice substitutes made from wheat (item 37), sulphate of ammonia and compounded fertilizers containing sulphate of ammonia (item 45), and phosphate and superphosphate and fertilizers containing phosphate or superphosphate (item 47) now require a covering approval from the Department of Commerce and Agriculture. Similarly, items like zinc, alloys containing zinc, and various other metals and metal products (items 61-62, 107, 173-217) necessitate approval from the Department of National Development. Agricultural products and pharmaceuticals also feature prominently, with items such as seeds, gums and resins, penicillin, and various chemicals requiring approval from the Department of Commerce and Agriculture and the Department of Health. These amendments impose specific obligations on intending exporters. They must ensure that they obtain the necessary covering approval from the relevant department before attempting to export the listed items. This involves a process of application and review by the department, which may include assessments of the intended use and destination of the exports to ensure compliance with Australian export control policies and international obligations. Failure to secure the required approval before export can result in the seizure of the goods by Customs and potential legal consequences. The Regulations also establish potential penalties and consequences for breaches. While the specific penalties are not detailed in the excerpt, breaches of customs regulations generally can lead to civil and criminal penalties under Australian law. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which such breaches are treated. The precise penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations at the time of the offence.

Area of Law: Customs & International Trade
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Licensing & Registration; Regulatory Standards

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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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