Customs (Prohibited Exports) Regulations (Amendment)

Legislation au C1938L00065 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1938. No. 65.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods the exportation of which would, in his opinion, be harmful to the Commonwealth:

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 the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas it is provided by section 17 of the Acts Interpretation Act 1901-1937 that the expression “the Governor-General” in any Act includes the person for the time being administering the Government, of the Commonwealth, acting with the advice of the Federal Executive Council:

And whereas I am of opinion that, except as provided by regulation 3 of the Regulations hereunder, the exportation of iron ore would, be harmful to the Commonwealth:

And whereas I am of the opinion that the exportation of iron ore to which the said regulation applies, except subject to the conditions and restrictions prescribed by the said regulation, would be harmful to the Commonwealth :

Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1936.

Dated this Twenty-Seventh day of June, 1938.

Administrator.

By His Excellency’s Command,

Acting Minister of State for Trade and Customs.

 

Amendment of the Customs (Prohibited Exports) Regulations. †

Commencement.

1. These Regulations shall come into operation on the first day of July, 1938.

Second Schedule.

2. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after item 2 the following item :—

“ 2a. │ Iron ore.”.

 

* Notified in the Commonwealth Gazette on    , 1938.

† 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; and 1938, No. 61.

3362.—13/23.6.1938.—Price 3d.


Exportation of certain iron ore may be permitted.

3. Notwithstanding anything in the last preceding regulation, where the Minister is satisfied—

(a) that any person or persons had, prior to the nineteenth day of May, 1938, entered into a contract or contracts to export iron ore from the Commonwealth;

(b) that part only of the iron ore which each such person was required to export, in pursuance of the contract, was exported prior to the first day of July, 1938; and

(c) that the remainder of the iron ore required to be exported in pursuance of all such contracts does not exceed 150,000 tons,

the Minister may permit the exportation of the remainder of the iron ore not later than the thirty-first day of December, 1938, provided that that remainder does not exceed 150,000 tons.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs (Prohibited Exports) Amendment Regulations 1938, established under the Customs Act 1901-1936, were enacted to address the potential economic harm to the Commonwealth resulting from the exportation of iron ore. The regulations were introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, as authorised by section 112 of the Customs Act. The primary objective of these regulations was to prohibit the exportation of iron ore, except under specific conditions set forth in regulation 3, to safeguard national economic interests during a period of strategic concern. These regulations came into effect on 1 July 1938, allowing the Minister to permit the export of up to 150,000 tons of iron ore under certain circumstances, such as where contracts had been entered into prior to a specified date, and part of the contracted iron ore had already been exported.

Scope and Application

The Regulations under the Customs Act 1901-1936 apply to the exportation of iron ore from the Commonwealth of Australia. These regulations, which came into effect on 1 July 1938, prohibit the export of iron ore, except under specific conditions set out in the regulations. The prohibition applies to any person or entity intending to export iron ore from Australia. This prohibition may be relaxed if the Minister is satisfied that the exporter had a pre-existing contract to export iron ore prior to 19 May 1938, and the remaining amount of iron ore to be exported does not exceed 150,000 tons, with the exportation to be completed by 31 December 1938. The regulations extend to the entire Commonwealth, with the authority to administer and enforce these provisions vested in the Minister, acting with the advice of the Federal Executive Council. There are no stated exclusions or exemptions within the text, and the application of these regulations may be further defined through subordinate instruments.

Key Provisions

The key provision of the Statutory Rules 1938, No. 65 is the amendment of the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1936, which adds iron ore to the list of prohibited exports (Regulation 2). This amendment means that, generally, the export of iron ore is now prohibited. However, there is an exception (Regulation 3) that allows the Minister to permit the export of iron ore under specific circumstances. These circumstances include situations where a contract for the export of iron ore was entered into before May 19, 1938, and only part of the iron ore was exported before July 1, 1938. If the remaining quantity of iron ore to be exported does not exceed 150,000 tons, the Minister may permit the export of the remaining iron ore before the end of December 31, 1938. Under these regulations, parties or entities that seek to export iron ore must first ensure compliance with the prohibition unless they meet the criteria outlined in Regulation 3. This means that if a person or entity has a contract to export iron ore that was entered into before May 19, 1938, and has exported only part of the contracted iron ore before July 1, 1938, they must apply to the Minister for permission to export the remaining iron ore. The application must demonstrate that the remaining quantity to be exported does not exceed 150,000 tons and that all other conditions specified in Regulation 3 are met. Failure to comply with these provisions could result in the unauthorised export of iron ore, which would be in breach of the regulations. For breaches of these regulations, the Customs Act 1901-1936 provides for various offences and penalties. Specifically, unauthorised exportation of prohibited goods, such as iron ore under these regulations, can result in criminal charges. The maximum penalties for such offences may include substantial fines and, in some cases, imprisonment. Additionally, any person or entity found to be in breach of these regulations may also be subject to civil penalties, such as compensation for any economic harm caused by the unauthorised exportation. The exact penalties depend on the severity of the breach and the provisions of the Customs Act.

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Area of Law
Customs & Trade Law
Instrument
Regulation
Concepts
Commencement Provisions
Prohibited Conduct
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