STATUTORY RULES.
1935. No. 4.
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REGULATIONS UNDER THE CUSTOMS ACT 1901-1934.*
WHEREAS by section 112 of the Customs Act 1901-1934 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 that the said power of prohibition shall extend to authorize the prohibition of goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of apples and pears would be harmful to the Commonwealth unless subject to the conditions and restrictions prescribed by the Customs (Prohibited Exports) Regulations, as amended by the following Regulations:—
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 1901-1934.
Dated this twenty-third day of January, 1935.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command,
for Minister of State for Trade and Customs.
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Amendment of the Customs (Prohibited Exports) Regulations.†
Commencement.
1. These Regulations shall come into operation on the twenty-fifth day of January, 1935.
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended by adding at the end of Item 1, in the third column, the following words:—
“The provisions of the Commerce (General Exports) Regulations shall be complied with in so far as those Regulations apply to apples and pears.”.
Fourth Schedule.
3. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting Item 2.
* Notified in the Commonwealth Gazette on 17th January, 1935.
† Statutory Rules 1935, No. 2.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
198.—9/22.1.1935.—Price 3d.
Overview
The Customs (Prohibited Exports) Regulations 1935 were enacted under the authority of the Customs Act 1901-1934 to address the potential harm that the exportation of apples and pears could cause to the Commonwealth. The Governor-General, acting on the advice of the Federal Executive Council, issued these regulations to prohibit the export of these goods unless certain conditions and restrictions were met. The primary policy objective was to protect the domestic market and ensure the availability of these fruits within Australia. These regulations came into effect on 25 January 1935, and they amended the Customs (Prohibited Exports) Regulations to incorporate provisions from the Commerce (General Exports) Regulations specifically for apples and pears, thereby aligning the export restrictions with broader trade regulations.
Scope and Application
The Regulations under the Customs Act 1901-1934, specifically the Customs (Prohibited Exports) Regulations, apply to the exportation of apples and pears from the Commonwealth of Australia. These regulations are designed to prevent the export of these goods without adhering to certain conditions and restrictions that are intended to mitigate any potential harm to the Commonwealth. The Regulations are made under the authority provided by section 112 of the Customs Act, which allows the Governor-General to prohibit the export of goods deemed harmful unless they are subject to prescribed conditions or restrictions. The scope of these Regulations is limited to exports of apples and pears, and they are subject to the broader provisions of the Commerce (General Exports) Regulations as amended. Any person or entity involved in the export of these fruits must comply with both sets of regulations, ensuring that they meet all specified requirements before exportation is permitted. The Regulations have a national reach, applying uniformly across the Commonwealth, and there are no stated exclusions or exemptions within the provided text. Any further specifications or amendments to the application of these Regulations may be introduced through subsequent subordinate instruments.
Key Provisions
The key operative sections of this legislative instrument are set out in the main body of the Regulations, which include amendments to the Customs (Prohibited Exports) Regulations. Specifically, Regulation 2 amends the Third Schedule by adding a provision that the Commerce (General Exports) Regulations must be complied with in relation to apples and pears (Regulation 2). Regulation 3 removes Item 2 from the Fourth Schedule. These amendments come into effect on 25 January 1935, as specified in Regulation 1.
Under the amended Customs (Prohibited Exports) Regulations, the parties or entities involved must comply with the Commerce (General Exports) Regulations as they apply to apples and pears. This means that any exports of apples and pears must adhere to the specific conditions and restrictions outlined in those regulations. The Regulations impose an obligation on exporters to ensure that their activities are consistent with these requirements to avoid any potential legal repercussions.
Failure to comply with the provisions of these Regulations can result in significant consequences. While the specific penalties are not detailed in the text, breaches of the Customs Act 1901-1934 or any subordinate legislation, such as these Regulations, can typically result in both civil and criminal penalties. Civil penalties can include fines and the recovery of costs associated with enforcement actions. Criminal penalties can include imprisonment, particularly if the breach is deemed to be deliberate or involves serious harm to the Commonwealth. The exact penalties would depend on the specific circumstances of the breach and would be determined in accordance with the applicable laws.