STATUTORY RULES.
1948. No. .
REGULATIONS UNDER THE CUSTOMS ACT 1901-1947.*
WHEREAS by section 112 of the Customs Act 1901-1947 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 goods generally, or to any specified place, and either absolutely or so as to allow the exportation of the goods subject to any condition or restriction :
And whereas I am of the opinion that the exportation of the goods specified in these Regulations, except as provided in these Regulations, would be harmful to the Commonwealth :
Now, therefore, 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 1901-1947.
Dated this
day of , 1948.
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
Amendments of the Customs (Prohibited Exports) Regulations.
Third Schedule.
1.The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end thereof the following items”-
“ 134 | Fittings for pipes and tubes | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Post-war Reconstruction. |
135 | Fittings for electrical conduit | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture. |
136 | Poultry, frozen | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture. |
137 | Seeds, tare, and tick bean | The intending exporter shall produce to the Collector of Customs a covering approval issued by the Department of Commerce and Agriculture.”. |
* Notified in the Commonwealth Gazette on 1948
†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; 1938, Nos. 61, 65 and 86; 1939, No 170; 1940 No. 30; 1941, No. 186; 1942, No. 479; 1945, Nos. 87 and 149; 1946, nos. 10, 53, 90, 106, 126, 138, 166, 178 and 179; and 1947, Nos. 11, 35, 54, 80, 82, 95, 105, 116, 138 and 153.
1457.—Price 3D. 10/8.3.1948.
Fourth Schedule:
2.The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by inserting after Item 5B the following item:-
“ 5c. Coal and coke.”.
By Authority: L. F .Johnston, Commonwealth Government Printer, Canberra.
Overview
The Customs (Prohibited Exports) Regulations 1948 were enacted by the Governor-General in Council under section 112 of the Customs Act 1901-1947, aiming to address the need for stringent control over the exportation of certain goods that could be detrimental to the Commonwealth. This legislative instrument allows for the prohibition of exports that are deemed harmful, either absolutely or under specific conditions, thus aligning with the overarching policy objective of safeguarding national interests and resources during a period of post-war reconstruction and economic recovery. The Regulations specifically target a range of goods, including fittings for pipes and tubes, fittings for electrical conduit, frozen poultry, seeds, tare, and tick bean, as well as coal and coke, each requiring a covering approval from relevant government departments before exportation is permitted.
Scope and Application
The Regulations Under the Customs Act 1901-1947 provide a framework for prohibiting the export of certain goods that could be deemed harmful to the Commonwealth. This legislation applies to any person or entity intending to export the specified items without the requisite approval from the relevant government departments. The geographic scope of these regulations is national, extending across all territories within the Commonwealth of Australia. The Act mandates that exporters of specified items, such as fittings for pipes and tubes, fittings for electrical conduit, frozen poultry, seeds, tare, tick bean, and coal and coke, must obtain a covering approval from designated departments, such as the Department of Post-war Reconstruction or the Department of Commerce and Agriculture, before proceeding with exportation. The regulations also provide for the possibility of conditional or restricted exportation, which can be determined by subordinate instruments. These Regulations do not explicitly state any exclusions or exemptions but operate under the authority granted by the Customs Act 1901-1947, which allows for broad discretion in implementing export prohibitions as deemed necessary by the Governor-General.
Key Provisions
The Statutory Rules of 1948, No. 1457, amends the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1947 by adding new items to the Third and Fourth Schedules of the Regulations. The Third Schedule is updated with the addition of items 134 to 137, which include fittings for pipes and tubes, fittings for electrical conduit, frozen poultry, and seeds, tare, and tick bean (item 134 to 137 respectively). For these items to be exported, an intending exporter must produce to the Collector of Customs a covering approval issued by the relevant department, namely the Department of Post-war Reconstruction for item 134, and the Department of Commerce and Agriculture for items 135 to 137. The Fourth Schedule is also updated by inserting a new item 5c, which adds coal and coke to the list of prohibited exports.
The Regulations impose specific obligations on intending exporters. For the items listed in the amended schedules, intending exporters must obtain a covering approval from the relevant department before they can export the goods. This requirement ensures that the exportation of these goods is in compliance with the provisions of the Customs Act and the Regulations. The obligation to secure a covering approval is designed to control and regulate the export of certain goods that are deemed harmful to the Commonwealth.
Failure to comply with the Regulations may result in significant legal consequences. The Act does not specify particular offences or penalties within the text, but under the Customs Act 1901-1947, any unauthorised exportation of prohibited goods could lead to criminal charges. The potential penalties for contravening the Customs Act include fines and imprisonment, reflecting the seriousness with which the prohibition of certain exports is treated. Given the context of post-war reconstruction and the strategic importance of certain materials, the penalties for breaching these Regulations could be severe, underscoring the necessity for strict compliance with the stipulated requirements.