EXPLANATORY STATEMENT
Statutory Rules 1986 No 89
Customs (Prohibited Exports) Regulations (Amendment)
Issued by Authority of the Minister of State for Industry, Technology and Commerce
Earlier this year, the Government was informed that a lithographic stone used to print a rare colonial era Western Australian postage stamp might be sold overseas, which would effectively frustrate attempts by both the Commonwealth Government and the Government of Western Australia to obtain the stone for public exhibition in Australia.
As lithographic stones were generally used for the production of postage stamps during the colonial and early post-Federation periods of Australia, the Government has decided to impose an export control on lithographic stones that were used in the production of postage stamps in Australia, to assist Commonwealth and State bodies in their efforts to obtain and exhibit these historically significant philatelic objects in public collections in Australia.
The regulations provide for this export control as follows:
(a) Regulation 1 is a technical drafting amendment, which replaces references to the Department of Home Affairs and Environment in Regulation 13A of the Customs (Prohibited Exports) Regulations with references to Arts, Heritage and Environment, to reflect the name change of that Department.
(b) Regulation 2 amends the Twelfth Schedule to the Customs (Prohibited Exports) Regulations by adding a new item to the list of those goods the exportation of which is prohibited, unless the approval of the Minister for Arts, Heritage and Environment (or an authorised person) to the exportation of the goods is produced to a Collector. The new item relates to:
• lithographic stones that were used in the production of postage stamps in Australia.
The Minister for Home Affairs and Environment agrees with the proposed regulations.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No 89, issued by authority of the Minister of State for Industry, Technology and Commerce, was enacted to address the risk of a historically significant lithographic stone, used in the production of a rare Western Australian postage stamp from the colonial era, being sold overseas. This would have deprived both the Commonwealth and the Government of Western Australia of the opportunity to acquire the stone for public exhibition in Australia. The policy objective of the amendment is to impose an export control on lithographic stones used in the production of postage stamps in Australia to preserve these significant philatelic objects within the country’s public collections. The regulations amend the Customs (Prohibited Exports) Regulations to include a new item in the Twelfth Schedule, prohibiting the export of specified lithographic stones unless approved by the Minister for Arts, Heritage and Environment or an authorised person.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No 89 applies to entities or individuals seeking to export lithographic stones used in the production of postage stamps in Australia. This amendment targets the preservation of historically significant philatelic objects for public exhibition within Australia, specifically responding to the potential export of a lithographic stone used to print a rare Western Australian postage stamp. The Act is applicable across the Commonwealth of Australia, with the geographic reach encompassing the entire nation. It does not specify exclusions or exemptions beyond the conditions under which approval for export can be granted by the Minister for Arts, Heritage and Environment or an authorised person. The application of the Act can be further extended or restricted through subordinate instruments, allowing for adjustments in the scope and specifics of the export control measures. This regulatory action ensures that the cultural heritage associated with Australian postage stamps is preserved and accessible for public display within the country.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) Statutory Rules 1986 No 89 establish an export control for lithographic stones used in the production of postage stamps in Australia. The main operative sections of these regulations are Regulation 1, which serves as a technical amendment to reflect the change in the department's name from the Department of Home Affairs and Environment to Arts, Heritage and Environment (section 1), and Regulation 2, which adds a new item to the Twelfth Schedule, prohibiting the export of specific lithographic stones unless approved by the Minister for Arts, Heritage and Environment or an authorised person (section 2). The intent behind these regulations is to prevent the sale of historically significant philatelic objects overseas, ensuring they are available for public exhibition in Australia.
The obligations imposed by these regulations primarily concern the parties or entities involved in the export of lithographic stones used in Australian postage stamp production. Those intending to export such stones must first obtain approval from the Minister for Arts, Heritage and Environment or an authorised person. This approval process ensures that the stones, which hold historical significance, remain in Australia for public exhibition and research. The regulations also require that anyone attempting to export these items must present the relevant approval documentation to a Collector upon request.
The regulations include provisions for breaches and associated penalties. While the specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that any unauthorised export of lithographic stones used in the production of Australian postage stamps would be subject to enforcement actions. Typically, breaches of export controls can result in the confiscation of the goods, fines, or other legal consequences as prescribed by the Customs Act 1901. The exact penalties would depend on the severity of the breach and the discretion of the court.