STATUTORY RULES.
1956. No. 82.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1954.*
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 1901-1954.
Dated this twentieth
day of November, 1956.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Exports) Regulations.†
1. After regulation 13a of the Customs (Prohibited Exports) Regulations the following regulation is inserted:—
Prohibition against export except with approval of Department of Trade.
“13b. The exportation from Australia of the goods specified in the Thirteenth Schedule is prohibited unless an approval in writing to the exportation of the goods issued by the Department of Trade is produced to the Collector.”.
Ninth Schedule.
2. The Ninth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting items 6, 9 and 12.
Thirteenth Schedule.
3. After the Twelfth Schedule to the Customs (Prohibited Exports) Regulations the following Schedule is added:—
Thirteenth Schedule. Reg. 13b.
GOODS THE EXPORTATION OF WHICH IS PROHIBITED UNLESS THE APPROVAL OF THE DEPARTMENT OF TRADE IS PRODUCED TO THE COLLECTOR.
Item No. | Description of Goods. |
1 | Iron and steel (including cast iron and malleable iron), and alloys of iron and steel in any form, whether finished or unfinished, including— |
(a) angles, beams, channels, columns, girders, joists, pillars, piling, tees and other sections, bars, rods, billets, blooms, ingots and slabs; |
(b) fencing posts and droppers; |
(c) hoops and strips, coated or uncoated; |
(d) pig iron; |
(e) pipes and tubes, coated or uncoated; |
* Notified in the Commonwealth Gazette, on , 1956.
† Statutory Rules 1953, No. 85, as amended by Statutory Rules 1954, Nos. 76 and 98; and 1956, No. 58.
6685/56.—Price 3d. 9/15.11.1956.
Thirteenth Schedule—continued.
Item No. | Description of Goods. |
1—cont’d. | Iron and steel, &$$c.—continued. |
(f) pit props and stays; |
(g) plates, coated or uncoated; |
(h) pressings, stampings and spinnings, other than finished articles; |
(i) rails, and manufactured goods the main components of which are rails or parts of rails; accessories for rails, including chains, crossings, dog spikes, fishplates, bolts for fishplates, points, sleepers, soleplates and switches; |
(j) scrap, including manufactured goods which are no longer capable of effective use for the purpose for which they were manufactured or which an officer authorized by the Minister of State for Trade to issue certificates for the purposes of this item has certified to be, in his opinion, goods which, if not exported, would be $$unlikley to be used except as scrap; |
(k) sheet bar; |
(i) sheets, coated or uncoated; |
(m) spring steel; |
(n) telegraph and telephone posts, including cross-arms; |
(o) used, deteriorated or obsolete goods of the following kinds, namely, axles, bogies, boilers, compressors, cranes, die blocks, engines and engine blocks, lathes, presses, pumps, tyres and wheels; |
(p) wire, coated or uncoated, including barbed wire, wire fabric, fencing wire, gauze and wire netting; and |
(q) wire rods |
2 | Portland cement |
3 | Wires and cables for the conduction of electricity |
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1956 No. 82, enacted under the Customs Act 1901-1954, was introduced to address the need for tighter controls on the export of certain materials and goods from Australia. This legislative instrument was created by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it is intended to amend the Customs (Prohibited Exports) Regulations. The primary policy objective of these amendments is to ensure that the export of specific goods is subject to approval by the Department of Trade, thereby reinforcing Australia's regulatory framework for controlling the outflow of strategic materials and ensuring compliance with national and international trade policies.
Scope and Application
The Regulations under the Customs Act 1901-1954, specifically the Customs (Prohibited Exports) Regulations, govern the export of certain goods from Australia. These regulations apply to any person or entity attempting to export the specified goods listed in the Thirteenth Schedule without the requisite approval from the Department of Trade. This includes individuals, companies, and other entities engaged in the export of iron and steel products, Portland cement, and wires and cables for the conduction of electricity. The regulations extend across the entire Commonwealth of Australia, enforcing the export prohibitions at all border collection points. The scope of these regulations is defined by the detailed list of goods in the Thirteenth Schedule, which includes a wide range of items from various industrial sectors. The regulations provide a clear framework for the enforcement of export controls, ensuring compliance with national security and economic policies by requiring explicit approval from the Department of Trade for specified goods to leave the country. Any deviations from these regulations could result in penalties or confiscation of the goods at the point of export.
Key Provisions
The key operative sections of the Statutory Rules 1956, No. 82, made under the Customs Act 1901-1954, primarily concern the amendments to the Customs (Prohibited Exports) Regulations. Specifically, section 1 introduces a new regulation (13b) that prohibits the export of certain goods from Australia unless written approval from the Department of Trade is presented to the Collector (section 1). Section 2 removes certain items from the Ninth Schedule, and section 3 adds a Thirteenth Schedule detailing the goods whose export is prohibited unless approved by the Department of Trade (section 3).
These regulations impose clear obligations on parties or entities involved in the export of the specified goods. Exporters must ensure that they obtain written approval from the Department of Trade before exporting any goods listed in the Thirteenth Schedule (section 1). Additionally, the removal of certain items from the Ninth Schedule (section 2) may affect the scope of previously restricted exports, necessitating updated compliance measures.
Failure to comply with these regulations can result in significant legal consequences. The Act does not explicitly state the penalties for non-compliance, but under the broader Customs Act 1901-1954, unauthorised exports can lead to fines and potential criminal charges. The severity of penalties may depend on the value of the goods and the intent behind the export, with potential maximum penalties including substantial fines and imprisonment.