Customs (Prohibited Exports) Regulations (Amendment)

Legislation au C1951L00043 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1951. No. 43.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1950.*

WHEREAS by section 112 of the Customs Act 1901-1950 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods being arms, explosives, military stores, or naval stores, or goods which, in his opinion, are capable of being used as or in the manufacture of arms, explosives, military stores, or naval stores, or for any purpose of war :

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 goods specified in Part II. of the First Schedule to the Customs (Prohibited Exports) Regulations, as amended by these Regulations, are capable of being used for purposes of war :

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 1901-1950.

Dated this sixteenth

day of May , 1951.

W.J.McKELL

Governor-General.

By His Excellency's Command,

(Sgd,) NEIL O'SULLIVAN

Minister of State for Trade and Customs.

amendments of the customs (prohibited exports) regulations.†

1. Regulation 4 of the Customs (Prohibited Exports) Regulations is repealed and the following regulation inserted in its stead :—

Export of arms, &c., prohibited except with consent of the Minister.

" 4.—(1.) The exportation of—

(a) the arms, explosives, military stores, and naval stores specified in Part I. of the First Schedule ; and

(b) the goods, being goods which in the opinion of the Governor-General are capable of being used for purposes of war, specified in Part II. of that Schedule,

*Notified in the Commonwealth Gazette on , 1951.

† 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, Nov. 11, 35, 54, 80, 82, 93, 105, 116, 138 and 153 ; 1948, Nos. 6, 50, 105 and 120 ; 1949, Nos. 3, 8, 16 and 113 ; and 1950, No. 79.

1224.—price 3d. 9/5.3.1951.


shall be prohibited, unless the consent in writing of the Minister to the exportation of the goods has first been obtained.

" (2.) The provisions of this regulation and of the First Schedule are in addition to and not in derogation of any other law relating to the exportation of the goods specified in that Schedule.".

First Schedule.

2. The First Schedule to the Customs (Prohibited Exports) Regulations is repealed and the following schedule inserted in its stead:

THE FIRST SCHEDULE.

part i.

Arms, Explosives, Military Stores and Naval Stores the Exportation of which, is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.

Kind or Description of Goods.

1

Ammunition and cartridges.

2

Appliances and equipment designed or adapted for use with any arms, explosives and military or naval stores specified in this Part.

3

Armour plate designed for warlike purposes.

4

Assault bridges.

5

Barrage balloons.

6

Bayonets.

7

Boats designed or adapted for any purpose of war, including assault, landing and storm boats.

8

Cannon, guns, howitzers, mortars and other ordnance.

9

Catapults and other equipment for launching aircraft from warships.

10

Deceptive warfare appliances and equipment (including dazzle and decoy devices) and equipment designed or adapted for the making of smoke screens.

11

Explosives and incendiary materials.

12

Factory and tool equipment designed or adapted for the production and maintenance of the goods specified in this Part.

13

Firearms.

14

Fire control and sighting and aiming appliances and equipment including predictors, plotting apparatus, gun sights, bomb sights, fuse setters and equipment for the calibration of guns.

15

Flame throwers.

16

Fuses, detonators and other appliances designed or adapted for operating or exploding any arms or explosives specified in this Part.

17

Gases or liquids designed for the purpose of killing or incapacitating persons and decontamination appliances and equipment.

18

Grenades, bombs, torpedoes, mines and depth charges, whether charged or not, and appliances and equipment designed or adapted for detecting, removing or destroying those arms and explosives.

19

Gun mountings and gun frames, gun turrets, " blisters ", bomb racks, torpedo carriers, torpedo tubes and bomb and torpedo release appliances and equipment.

20

Personal appliances and equipment designed or adapted for the use of members of a military or naval force.

21

Projectiles and missiles designed for any purpose of war.

22

Radar equipment designed or adapted for any purpose of war.

23

Rocket projectors, and appliances and equipment designed or adapted for launching or controlling rockets and self-propelling or guided missiles.

24

Spare and component parts of or for any of the arms, explosives and military and naval stores specified in this Part.

25

Telecommunication and cypher appliances and equipment designed or adapted for any purpose of war.

26

Towed target equipment and camera guns.

27

Vehicles designed or adapted for any purpose of war, including amphibious vehicles, tanks and armoured cars.


The First Schedule.—continued.

Part Ii.

Goods which, in the Opinion of the Governor-General, are Capable of being Used for Purposes of War, and the Exportation of which is Prohibited unless the Consent of the Minister has first been Obtained.

Item No.

Kind or Description of Goods.

1

Aircraft (assembled or dismantled), aircraft engines, and spare and component parts of aircraft and aircraft engines

2

Animal and vegetable oils ; fats and waxes.

3

Bitumen and bituminous products.

4

Chemicals.

5

Clothing and blankets and materials from which those goods are manufactured.

6

Drugs, and medicinal and pharmaceutical goods.

7

Electrical and wireless telegraphic appliances and equipment, and spare and component parts of those goods.

8

Foodstuffs.

9

Glass and glassware other than glassware for domestic use.

10

Industrial paints and varnishes and materials from which those goods are manufactured.

11

Machinery and tools (including electrical machinery and tools) and spare and component parts for those goods.

12

Minerals, ores and mineral concentrates and bars, blocks and ingots of metal.

13

Motor vehicles, spare and component parts and accessories for motor vehicles and substances used for or in connexion with the propulsion and operation of motor vehicles.

14

Optical, surgical, medical and scientific instruments and appliances and photographic goods and equipment of all kinds.

15

Petroleum and petroleum and shale products.

16

Rubber and synthetic rubber, materials used for the processing of rubber and synthetic rubber and goods manufactured from rubber and synthetic rubber.

17

Welding electrodes and welding rods.

By Authority : l. f. johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs (Prohibited Exports) Regulations, enacted in 1951, were introduced to address the need for stringent controls over the exportation of goods that could potentially be used for war purposes. These regulations were made under the authority of the Customs Act 1901-1950, with the Governor-General in Council exercising the power to prohibit the export of certain goods. The primary policy objective of these regulations was to prevent the export of arms, explosives, military stores, naval stores, and other goods that could be used for purposes of war, thereby contributing to national security and compliance with international obligations. By requiring written consent from the Minister for the export of specified goods, the regulations aimed to ensure that exports did not inadvertently contribute to conflict or the proliferation of military capabilities.

Scope and Application

The Customs (Prohibited Exports) Regulations, 1951, govern the exportation of goods that are deemed to be of strategic importance and potentially usable for war purposes. These regulations apply to all individuals, entities, and industries within the Commonwealth of Australia, specifically targeting the exportation of arms, explosives, military stores, naval stores, and other goods that may be used for warlike purposes. The scope of the Act encompasses a broad range of items, from ammunition and firearms to chemicals and machinery, as detailed in the First Schedule. The Act requires the written consent of the Minister before the exportation of these specified goods can occur, thereby extending federal control over the trade of such sensitive materials. The regulations are enforced nationally across Australia, with the authority to prohibit exports either generally or to specific destinations. Notably, the Act does not explicitly state any exclusions or exemptions, implying a stringent approach to the export controls it establishes. The application of these regulations may be further extended or refined through subordinate instruments, allowing for adjustments to the list of prohibited goods or the conditions under which exports may be approved.

Key Provisions

The Customs (Prohibited Exports) Regulations under the Customs Act 1901-1950 outline the specific goods that are prohibited from being exported from Australia unless consent is obtained from the Minister. Regulation 4 (section 1) specifies that the export of arms, explosives, military stores, naval stores, and other goods capable of being used for war purposes is prohibited unless written consent from the Minister is secured. This regulation applies to the items listed in Part I and Part II of the First Schedule, which includes items such as ammunition, aircraft, chemicals, and various machinery and equipment. The Regulations impose clear obligations on entities and individuals attempting to export the specified goods. These parties must obtain prior written consent from the Minister before any export can take place. Failure to comply with this requirement could result in the goods being seized and the individuals or entities facing legal consequences. The obligations extend to ensuring that all necessary documentation and approvals are obtained and maintained, demonstrating compliance with the Act and the Regulations. The Regulations also detail the consequences for breaches. Any individual or entity that violates the prohibition on exporting the specified goods without the Minister's consent may face criminal charges. Under the Customs Act, such offences can result in penalties, including fines and imprisonment. The exact penalties are not specified in the Regulations themselves but are typically outlined in the primary Act or associated legislation. It is important for parties involved in the export of these goods to be fully aware of these obligations and potential penalties to avoid any legal repercussions.

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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.