Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules of 1947, No. 11, consist of regulations made under the Customs Act 1901-1936. These regulations were enacted by the Commonwealth Government to address the need to control the exportation of goods that could potentially be harmful to the nation, in line with the powers conferred by section 112 of the Customs Act. The Administrator, acting on the advice of the Federal Executive Council, issued these regulations to prevent the exportation of specified goods unless certain conditions were met. The problem these regulations aim to address is the potential harm to the Commonwealth arising from the uncontrolled export of certain goods. This legislative instrument is a response to the recognised need for stringent export controls during a period of national concern. The objective of these regulations is to ensure that the exportation of particular goods is subject to oversight and approval by the Prices Commissioner, or in the case of tanning bark, by the Department of Commerce and Agriculture. This approach ensures that only authorised exports proceed, thereby protecting national interests and resources. The regulations impose requirements on intending exporters to obtain a covering approval from the relevant authority before the export of listed items can occur. By doing so, the regulations provide a framework for managing the export of goods that could be detrimental if allowed to leave the country without proper scrutiny.

Scope and Application

This Statutory Rule, made under the Customs Act 1901-1936, imposes restrictions on the exportation of specific goods from Australia. The regulations target particular items such as cigarettes, cigars, tobacco, brooms and brushes, coir fibre, mattress fibre, kapok, crockery, dates, mosquito nets, tools of trade, cresylic acid, various strychnine compounds, prepared insecticides and sheep-washes containing nicotine, and tanning bark (wattle bark and mallet bark). The regulation extends to the exportation of cocoa as well, added to the Fourth Schedule. The Act applies to any person or entity intending to export the listed items, requiring them to produce a covering approval issued by the Prices Commissioner or the Department of Commerce and Agriculture to the Collector of Customs. The geographic reach of these regulations is national, encompassing all exports from Australia. The Act does not explicitly state any exclusions or exemptions, but it is implied that compliance with the requirement of obtaining a covering approval is necessary for lawful exportation of the specified goods. The scope of the application may be further defined or modified through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1947, No. 11, introduce a series of new items that are now subject to export restrictions under the Customs Act 1901-1936. These amendments are detailed in the Third and Fourth Schedules of the Regulations. Specifically, the Third Schedule now includes items such as cigarettes, cigars, brooms and brushes, manufactured tobacco, coir fibre, crockery, dates, mosquito nets, tools of trade, cresylic acid, various strychnine compounds, and prepared insecticides and sheep-washes containing nicotine or compounds of nicotine (items 73 to 84). Additionally, tanning bark, specifically wattle bark and mallet bark, is added (item 85). The Fourth Schedule is also amended to include cocoa (item 5a) as a prohibited export. Under these regulations, the intending exporter of any of the listed items is required to present to the Collector of Customs a covering approval issued by the Prices Commissioner, except in the case of tanning bark which requires an approval from the Department of Commerce and Agriculture. This means that the exporter must obtain the necessary authorisation before attempting to export these goods. Failure to do so will likely result in the goods being seized and the exporter facing potential penalties. The Act imposes several obligations on the parties involved. Exporters must ensure they have the appropriate approval from the relevant authority before attempting to export the listed goods. This involves obtaining a covering approval from the Prices Commissioner for most items, or a specific approval from the Department of Commerce and Agriculture for tanning bark. The onus is on the exporter to comply with these requirements to avoid legal repercussions. Failure to comply with the requirements set out in these regulations can lead to significant legal consequences. Specifically, attempting to export any of the listed items without the requisite approval constitutes an offence under the Customs Act 1901-1936. The Act does not explicitly state the maximum penalties for such breaches, but under general provisions of the Act, penalties for contravening customs regulations can include fines and imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as determined by a court.