Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1946 No. 106, enacted under the Customs Act 1901-1936, was introduced to address the need to control the exportation of specific goods that were deemed harmful to the Commonwealth. This legislative instrument was created by the Governor-General in accordance with the advice of the Federal Executive Council. The primary objective of this regulation was to prohibit the exportation of certain goods without the consent of the Minister of State for Trade and Customs, thereby protecting national interests and resources. The regulation specifically targets lead and its various forms, including manufactures, pig, and scrap, by requiring exporters to obtain a covering approval from the Department of Supply and Shipping before any exportation can occur.

Scope and Application

This statutory rule, made under the Customs Act 1901-1936, outlines specific regulations concerning the export of certain goods that the Governor-General deems harmful to the Commonwealth. The Act applies to any individual or entity intending to export lead, whether in the form of manufactured products, pig, or scrap, from Australia. The scope of the regulation is national, applying across the Commonwealth, and its intent is to control and restrict the export of these materials unless they have received the necessary approval from the Department of Supply and Shipping. The regulation is applicable to all exports, whether to specific places or generally, and can be modified or extended through subordinate instruments. This means that the Governor-General retains the flexibility to adjust the regulations as needed, reflecting the dynamic nature of trade and national interests. The regulation does not specify any exclusions or exemptions, thus ensuring that all exports of the mentioned goods are subject to the approval process.

Key Provisions

The primary operative sections of this legislation, specifically under the Customs (Prohibited Exports) Regulations, concern the prohibition of the export of lead, its manufactures, pig, and scrap forms, unless approved by the Department of Supply and Shipping. This regulation is designed to control the export of lead products which could potentially be detrimental to the Commonwealth. Section 52 details that any person intending to export lead manufactures must present a covering approval issued by the Department of Supply and Shipping to the Collector of Customs. Similarly, section 53 mandates that lead in its pig form, and section 54 concerning lead scrap, also require a covering approval from the same department before exportation can occur. The obligations imposed by this legislation on parties and entities primarily involve obtaining the necessary approvals from the Department of Supply and Shipping before attempting to export the specified lead products. This process ensures that the export of these materials is closely monitored and controlled, thus protecting national interests. The intending exporter must ensure that they have the required documentation and approvals in place before any export activities commence, thereby adhering to the regulatory requirements. Should there be a breach of these regulations, there are significant legal consequences. The penalties for non-compliance with the export prohibitions outlined in these sections can include both criminal and civil penalties. The exact penalties may vary depending on the nature and severity of the breach, but in general, individuals or entities found to be in violation of these export prohibitions could face fines, imprisonment, or both. The specific maximum penalties are not detailed in the text provided, but typically, such breaches could attract substantial fines and potential imprisonment terms as stipulated under the relevant sections of the Customs Act 1901-1936.