Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1946 No. 126 is a legislative instrument enacted to address the need for tighter control over the exportation of certain goods that were deemed harmful to the Commonwealth of Australia during the period of World War II and its immediate aftermath. This regulation was introduced under the authority of the Customs Act 1901-1936, which empowers the Governor-General to prohibit the exportation of goods that could potentially harm the national interest. The regulation was made with the advice of the Federal Executive Council and the approval of the Minister of State for Trade and Customs, reflecting a policy objective to safeguard critical resources and materials necessary for national security and economic stability. The regulation specifically targets the exportation of items such as batteries suitable for use in motor vehicles, wooden separators for batteries, and tin ingots, requiring that any intending exporter obtain a covering approval from the Department of Supply and Shipping before proceeding with the export.

Scope and Application

This Statutory Rule 1946, No. 126 made under the Customs Act 1901-1936, aims to prohibit the exportation of certain goods which, if exported, would be deemed harmful to the Commonwealth. Specifically, the regulation extends to batteries suitable for use in motor vehicles, wooden separators for batteries, and tin ingots. These items are to be exported only with the consent of the Minister of State for Trade and Customs, contingent upon a covering approval issued by the Department of Supply and Shipping. The regulation applies to any person or entity intending to export these goods, and it operates nationally within Australia. The scope of the regulation is not limited to any particular industry but rather encompasses any individual or business seeking to export the specified goods. The rule applies across the Commonwealth and does not provide for exclusions, exemptions, or thresholds within its text, though the requirement for ministerial consent suggests a controlled application. The regulation’s application may be further extended or restricted through subordinate instruments, ensuring flexibility in its enforcement.

Key Provisions

This statutory rule, made under the Customs Act 1901-1936, introduces new regulations concerning the exportation of certain goods from Australia. Specifically, it adds three new items to the Third Schedule of the Customs (Prohibited Exports) Regulations (item 55: batteries suitable for use on motor vehicles; item 56: wooden separators for batteries; and item 57: tin ingots). These items are now subject to export prohibition unless a covering approval is obtained from the Department of Supply and Shipping, which must then be presented to the Collector of Customs (section 4011). The Act imposes a stringent requirement on intending exporters of these specified goods. They must obtain a covering approval from the Department of Supply and Shipping before attempting to export the goods. This approval must then be presented to the Collector of Customs as a condition of the export permit. This dual-layered approval process ensures that the exportation of these goods is closely monitored and regulated, preventing any unauthorised or potentially harmful export activities. Failure to comply with these requirements can lead to significant consequences. The Act does not explicitly state the penalties for non-compliance, but given the context of the Customs Act 1901-1936, it is likely that breaches would be treated as serious offences. Potential penalties could include fines, confiscation of the goods, and possibly criminal charges against the responsible parties. The severity of the penalties would depend on the specific nature and extent of the breach, as well as any aggravating factors present in the case.