STATUTORY RULES.
1939. No. 170
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REGULATION 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 I am of opinion that the exportation of fortified wine which the Minister of State for Trade and Customs declares to be of such a quality that its exportation would be harmful to the reputation of Australian wine in any country to which it was exported 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 Regulation under the Customs Act 1901-1936.
Dated this sixth day of December, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
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Amendment of the Customs (Prohibited Exports) Regulations.†
The Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting item 6 and inserting in its stead the following item:—
“6 Wine, fortified, which the Minister declares to be of such a quality that its exportation would be harmful to the reputation of Australian wine in any country to which it was exported.”.
* Notified in the Commonwealth Gazette on , 1939.
† 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, Nos. 61, 65 and 86.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6969.—8/21.11.1939.—Price 3d.
Overview
Statutory Rules 1939, No. 170, made under the Customs Act 1901-1936, was enacted to address the problem of exporting fortified wine of inferior quality that could harm Australia's wine reputation abroad. The regulation was introduced to prevent the exportation of such goods by prohibiting their export, thereby protecting the Commonwealth's interests. The Governor-General, in consultation with the Federal Executive Council, made these regulations to specifically target and control the exportation of substandard fortified wine as declared by the Minister of State for Trade and Customs. The policy objective of the regulation is to maintain the integrity and reputation of Australian wine on the international market, ensuring that only high-quality products represent Australian exports.
Scope and Application
The Statutory Rules of 1939, No. 170, under the Customs Act 1901-1936, extend to the prohibition of the exportation of fortified wine deemed harmful to the reputation of Australian wine. The Act applies to any individual, entity, or industry involved in the exportation of such wine and is of national scope, applying throughout the Commonwealth of Australia. The regulation specifically targets fortified wine that the Minister of State for Trade and Customs declares to be of insufficient quality, thereby posing a risk to Australia's wine reputation if exported. This regulation is part of a series of amendments to the Customs (Prohibited Exports) Regulations, which allows for further expansion or restriction of application through subordinate instruments as necessary. The stated exclusions pertain to fortified wine that meets the quality standards set by the Minister, thereby safeguarding the reputation of Australian wine exports.
Key Provisions
The regulation, numbered 1939 No. 170, amends the Customs (Prohibited Exports) Regulations under the Customs Act 1901-1936 by replacing the previous item 6 with a new provision concerning fortified wine (section 1). This amendment specifically targets fortified wine that the Minister of State for Trade and Customs deems to be of such a substandard quality that its exportation would tarnish the reputation of Australian wine internationally (section 1). The regulation's primary objective is to prevent the exportation of these particular wine products, thereby protecting the country's wine industry and its global reputation.
Under this regulation, any party or entity involved in the exportation of fortified wine must ensure that the products do not fall under the criteria set by the Minister. This means they must verify that the wine does not harm the reputation of Australian wine abroad. Entities involved in the production, packaging, and shipping of these products need to comply with the Minister’s declaration and take necessary actions to prevent the exportation of non-compliant fortified wine (section 1).
Failure to comply with this regulation can result in legal consequences. The regulation does not explicitly state the penalties for non-compliance, but breaches of the Customs Act 1901-1936 can lead to significant legal repercussions, including fines and potential criminal charges. The severity of penalties may depend on the specific nature of the breach, but the implications for those found in violation can be substantial. The overarching aim of these provisions is to maintain the integrity and reputation of Australian wine on the global market.