STATUTORY RULES
1968 No. 160
REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*
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 1901-1968.
Dated this nineteenth day of December, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
(Sgd) Malcolm Scott
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Exports) Regulations†
1. After regulation 5 of the Customs (Prohibited Exports) Regulations the following regulation is inserted:—
Prohibition against export of certain goods to Southern Rhodesia.
“ 6. The exportation of goods specified in the Fourth Schedule from Australia to Southern Rhodesia is prohibited unless the Minister has, by instrument in writing, consented to the exportation of the goods to Southern Rhodesia and the instrument is produced to the Collector.”.
Fourth Schedule.
2. The Customs (Prohibited Exports) Regulations are amended by inserting after the Third Schedule the following Schedule:—
FOURTH SCHEDULE Regulation 6.
Goods the Exportation of which to Southern Rhodesia is Prohibited unless the Consent in Writing of the Minister is Produced to the Collector.
Item No. | Description of Goods |
1 | Animal oils, fats and waxes |
2 | Articles manufactured wholly or partly from metal, rubber or non-metallic minerals; |
3 | Artificial resins and articles manufactured wholly or partly from artificial resins; plastic materials |
4 | Cereal grains and preparations |
5 | Chemical products and preparations |
6 | Clothing and clothing accessories |
7 | |
8 | Drugs; medicinal and pharmaceutical preparations |
9 | |
10 | Electrical machinery, apparatus and appliances |
11 | Fish (including crustaceans) and fish preparations (including preparations from crustaceans) |
12 | |
13 | |
* Notified in the Commonwealth Gazette on 23 December 1968.
† Statutory Rules 1958, No. 5, as amended by Statutory Rules 1959, No. 5; 1961, Nos. 16 and 112; 1963. Nos. 129 and 130; 1964, No. 144; 1965, No. 136; 1966, Nos. 70 and 75; 1967, Nos. 42, 59 and 123; and 1968, Nos. 46, 83, 101 and 153.
18749/68—Price 5c 10/12.12.1968
Customs (Prohibited Exports) Regulations
Fourth Schedule—continued
Item No. | Description of Goods |
14 | Iron and steel |
13 | Jewellery; goldsmiths and silversmiths wares |
16 | Leather |
17 | Machinery (except electrical machinery) ; implements and parts for such machinery |
18 | Meat |
19 | Metalliferous ores |
20 | Office stationery and supplies |
21 | Paper and articles manufactured wholly or partly from paper |
22 | Photographic and optical goods |
23 | Polishing preparations |
24 | Prepared foodstuffs |
25 | Printed matter |
26 | Scientific and medical instruments and equipment |
27 | Textile fabrics |
28 | Timber |
29 | Toys, games and sporting goods |
30 | Vehicles; parts and accessories for vehicles |
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra
Overview
The Customs (Prohibited Exports) Regulations 1968 were enacted to address the problem of unauthorised exports of goods from Australia to Southern Rhodesia. The Regulations were made under the authority of the Customs Act 1901-1968 by the Governor-General in Council, following advice from the Minister of State for Customs and Excise. The primary objective of these Regulations was to ensure that certain goods could not be exported to Southern Rhodesia without explicit written consent from the Minister. This was aimed at controlling and monitoring the export of specific items that might be deemed sensitive or subject to political or economic sanctions at the time. The Regulations introduced a new schedule detailing the types of goods that were prohibited from being exported to Southern Rhodesia unless approved by the Minister, thereby providing a framework for compliance and enforcement of the export restrictions.
Scope and Application
The Statutory Rules 1968 No. 160, made under the Customs Act 1901-1968, specifically address the prohibition of the export of certain goods from Australia to Southern Rhodesia, now known as Zimbabwe. These regulations apply to any person or entity intending to export the specified goods listed in the Fourth Schedule to Southern Rhodesia. The goods covered by this prohibition include a wide range of items such as animal oils, fats and waxes, manufactured articles, chemical products, clothing, dairy products, drugs, electrical machinery, and many other items essential for both commercial and everyday use. The regulations are designed to ensure compliance with international trade restrictions and policies by prohibiting such exports without explicit written consent from the Minister, which must be presented to the Collector. These regulations apply across the entire Commonwealth of Australia, ensuring a uniform approach to the enforcement of these trade restrictions nationwide. There are no stated exclusions or exemptions within the text of the regulations, and the scope of the prohibited exports is comprehensive as outlined in the Fourth Schedule. The application of these regulations can be further extended or modified through subordinate instruments, allowing for adjustments in response to changing international relations or trade policies.
Key Provisions
The primary operative sections of these regulations, specifically regulation 6 and the Fourth Schedule, establish a prohibition on the exportation of certain goods from Australia to Southern Rhodesia, unless the Minister has given written consent. This consent must be presented to the Collector. Regulation 6 (1) directly states the prohibition, while the Fourth Schedule (2) lists the specific categories of goods that are subject to this prohibition. The listed goods range from animal oils and fats to machinery and prepared foodstuffs, covering a broad spectrum of commodities.
These regulations impose several obligations on the parties involved. Exporters must ensure that any goods listed in the Fourth Schedule do not leave Australia for Southern Rhodesia without the required written consent from the Minister. The Collector, on the other hand, is obligated to verify that the necessary consent has been obtained and presented before allowing the export of these goods. Failure to comply with these requirements may result in legal repercussions.
The regulations do not explicitly outline offences, penalties, or consequences for breaches within the text provided. However, breaches of regulations under the Customs Act 1901-1968 generally attract significant penalties. The maximum penalties for contravening customs regulations can include fines and imprisonment, with the specific penalties depending on the severity and circumstances of the breach. The Customs Act and related legislation would need to be consulted for precise details regarding penalties.