Customs (Prohibited Exports) Regulations (Amendment)

Overview

Statutory Rules 1946 No. 138, enacted under the Customs Act 1901–1936, was introduced to address the need for stringent control over the exportation of certain goods that could potentially be detrimental to the Commonwealth. This legislative instrument was formulated by the Governor-General in Council, following the advice of the Minister of State for Trade and Customs, to ensure that the export of specified items was subject to strict regulatory oversight. The primary policy objective of these regulations was to safeguard national interests by preventing the uncontrolled export of essential commodities and materials, thus maintaining their availability for domestic use, particularly during times of national need such as war or economic uncertainty.

Scope and Application

This statutory rule, enacted under the Customs Act 1901–1936, pertains to the regulation of the exportation of specific goods from Australia, as determined by the Governor-General to be potentially harmful to the Commonwealth. The Act applies to individuals or entities seeking to export the specified goods, and it extends to any geographic location outside of Australia’s jurisdiction, with the possibility of absolute prohibition or conditional restriction on such exports. The regulation requires that intending exporters obtain a covering approval from specified government departments before exportation is permitted. These departments include the Department of Commerce and Agriculture for oatmeal, rolled oats, and crushed oats; the Department of Works and Housing for zinc dross and zinc dust; the Commonwealth Prices Branch for antimony concentrates and antimony ingots; and the Department of Supply and Shipping for non-ferrous metals, scrap. The regulation’s enforcement is overseen by the Collector of Customs, who must verify the approval documentation before allowing the exportation of the listed goods.

Key Provisions

The primary operative sections of this regulation under the Customs Act 1901–1936, as outlined in the Third Schedule, prohibit the exportation of certain goods unless a covering approval is obtained from the relevant government department. Specifically, the regulation now includes oatmeal (item 58), rolled oats (item 59), crushed oats (item 60), zinc dross (item 61), zinc dust (item 62), antimony concentrates (item 63), antimony ingots (item 64), and non-ferrous scrap metals (item 65) as prohibited exports (Third Schedule, paras (a) and (b)). To legally export these items, an intending exporter must present a covering approval issued by the Department of Commerce and Agriculture, the Department of Works and Housing, the Commonwealth Prices Branch, or the Department of Supply and Shipping, as appropriate (Third Schedule, paras (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii), and (b)(ix)). The Act imposes obligations on parties or entities seeking to export the listed goods, requiring them to obtain a covering approval from the relevant government department before attempting to export the goods. This approval process ensures that the exportation of these goods is controlled and monitored, and that any potential harm to the Commonwealth is mitigated (Third Schedule, paras (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii), and (b)(ix)). The Collector of Customs has the authority to verify the covering approval before allowing the exportation of the goods (Customs Act 1901–1936, s 112). The regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the Customs Act 1901–1936 generally provides for the imposition of fines and imprisonment for breaches of customs regulations, including the prohibition of exports. The maximum penalties for such breaches can be substantial, depending on the nature and severity of the offence (Customs Act 1901–1936, s 169). Failure to obtain the required covering approval before attempting to export the listed goods may result in the seizure of the goods, as well as potential fines and imprisonment for the offending party or entity (Customs Act 1901–1936, ss 112, 169).