Customs (Prohibited Exports) Regulations (Amendment)

Overview

Statutory Rules 1947 No. 35, enacted by the Administrator of the Government of the Commonwealth of Australia, under the authority granted by section 112 of the Customs Act 1901-1936, addresses the need to control the export of certain goods that could be detrimental to the Commonwealth. This regulation was introduced to provide the Governor-General with the power to prohibit the exportation of specified goods unless they meet certain conditions or restrictions. The regulation aims to ensure that the exportation of goods such as barley, grain, fruit pulp, and various seeds is managed effectively to prevent any potential harm to the nation. The policy objective is to safeguard national interests by controlling the export of essential commodities and materials, ensuring their availability for domestic use and preventing any adverse effects on the economy or public welfare.

Scope and Application

This statutory regulation, issued under the Customs Act 1901-1936, applies to the exportation of specified goods that are deemed harmful to the Commonwealth unless certain conditions are met. The regulation is pertinent to individuals and entities intending to export barley, grain, processed barley, fruit pulp, and various seeds from Australia. Geographically, the regulation applies across the Commonwealth of Australia, as it is a federal measure. The regulation mandates that intending exporters of the specified goods must obtain a covering approval from relevant authorities, such as the Department of Commerce and Agriculture or the Prices Commissioner, before exporting these goods. This requirement ensures compliance with federal standards and safeguards national interests. The regulation also allows for the possibility of conditional exportation, which can be managed through subordinate instruments that might specify further conditions or restrictions.

Key Provisions

The main operative sections of this regulation under the Customs Act 1901-1936 specify the goods that are now subject to export prohibition, unless certain conditions are met (Schedule 3, item 11, 86, 87, 88). These sections detail that the exportation of barley, grain and its processed forms, fruit pulp of raspberry and blackcurrant, and various types of seeds will be subject to export prohibition unless an appropriate approval is obtained from the relevant authorities. Specifically, intending exporters of barley, grain and its processed forms must produce a covering approval issued by the Department of Commerce and Agriculture. For fruit pulp of raspberry and blackcurrant, a covering approval from the Prices Commissioner is required. Seeds of eucalyptus, polybractea, linseed, and lucerne, as well as vegetable seeds of french bean, garden pea, and cucumber, require a covering approval from the Department of Commerce and Agriculture. The obligations imposed by this regulation are primarily on intending exporters of the specified goods. These exporters must secure the necessary covering approvals from the relevant authorities before attempting to export the goods. This involves ensuring that they obtain the correct documentation from the Department of Commerce and Agriculture or the Prices Commissioner, as appropriate. Failure to comply with these requirements will result in the prohibition of the exportation of these goods, effectively preventing their movement out of the country. Breaching the provisions of this regulation can lead to significant consequences. The Customs Act 1901-1936 provides for both civil and criminal penalties for non-compliance with customs regulations. Civil penalties may include fines, and in severe cases, criminal penalties may apply. The exact penalties can vary depending on the nature and severity of the breach, but they can include substantial fines and, in some instances, imprisonment. The specifics of these penalties are detailed in the Customs Act itself, but the overarching aim is to enforce compliance and protect the interests of the Commonwealth.