Customs (Prohibited Exports) Regulations (Amendment)

Legislation au C1950L00079 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1950. No. 79.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1949.*

WHEREAS by section 112 of the Customs Act 1901-1949 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 it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of goods generally, or to any specified place, and either absolutely or so as to allow the exportation of the goods subject to any condition or restriction :

And whereas I am of the opinion that the exportation of the goods specified in these Regulations, except as provided by the Customs (Prohibited Exports) Regulations as amended by the Regulations hereunder, 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 Regulations under the Customs Act 1901-1949.

Dated this eighth day of November, 1950.

W.J. McKell

Governor-General.

By His Excellencys Command,

Minister of State for Trade and Customs.

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Amendments of the Customs (Prohibited Exports) Regulations.†

Third Schedule.

1. The Third Schedule to the Customs (Prohibited Exports) Regulations is amended—

(a) by omitting from the third column of items 6, 7, 8 and 10 the words Department of Commerce (wherever occurring) and inserting in their stead the words Department of Commerce and Agriculture ;

(b) by omitting from the third column of items 61, 62, 71, 72, 92, 94, 98, 99, 100, 101, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 117, 118, 131, 132, 134, 135, 152 and 156 the words Post-war Reconstruction (wherever occurring) and inserting in their stead the words National Development ;

 

* Notified in the Commonwealth Gazette on , 1950.

† 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; 1938, Nos. 61, 65 and 86; 1939, No. 170; 1940, No. 30; 1941, No. 136; 1942, No. 479; 1945, Nos. 87 and 149; 1946, Nos. 10, 53, 90, 106, 126, 138, 166, 178 and 179; 1947, Nos. 11, 35, 54, 80, 82, 95, 105, 116, 138 and 153; 1948, Nos. 6, 50, 105 and 120; and 1949, Nos. 3, 8.16 and 113.

3382.—Price 3d. 9/18.9.1950.


(c) by omitting from the third column of items 48, 49, 52, 53, 55, 57, 63, 64, 65, 91, 116, 122, 139, 140, 141, 142, 147, 155 and 158 the words Supply and Development (wherever occurring) and inserting in their stead the words National Development ;

(d) by omitting from the third column of items 93a, 95, 96, 144, 160 and 161 the words Supply and Development (wherever occurring) and inserting in their stead the word Supply ;

(e) by omitting from the third column of item 133 the word Transport and inserting in its stead the words Fuel, Shipping and Transport ;

(ƒ) by omitting from the third column of item 56 the words Supply and Development and inserting in their stead the words the Interior ; and

(g) by omitting items 90, 154 and 157.

Fourth Schedule.

2. The Fourth Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting items 6C, 7A, 7E and 10B.

Seventh Schedule.

3. The Seventh Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting from the second column of item 1 the word sleepers and inserting in its stead the words sleepers, pole blocks and split fence posts .

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1950 No. 79, made under the Customs Act 1901-1949, addresses the need to control the exportation of certain goods that could potentially harm the Commonwealth. Enacted by the Governor-General in Council, these regulations allow the prohibition of the exportation of specified goods, either absolutely or subject to certain conditions or restrictions. The amendments made in these regulations reflect shifts in governmental priorities and departmental restructuring, updating references to reflect the new Department of Commerce and Agriculture and replacing terms such as "Post-war Reconstruction" with "National Development" to align with contemporary national objectives. These changes aim to ensure that the regulatory framework remains relevant and effective in achieving the policy objectives of protecting national interests and supporting strategic economic and developmental goals.

Scope and Application

The Statutory Rules 1950 No. 79, made under the Customs Act 1901-1949, pertain to the regulation of the exportation of goods that could potentially be detrimental to the Commonwealth of Australia. This legislation is applicable to any entity or individual involved in the export of goods listed under these regulations. The scope extends to prohibiting the exportation of specific goods either absolutely or under certain conditions and restrictions as deemed necessary by the Governor-General, in consultation with the Federal Executive Council. The regulations aim to safeguard national interests by controlling the outflow of certain strategic or sensitive commodities. The application of these regulations is nationwide, ensuring uniformity across the Commonwealth. However, the regulations do not explicitly outline exclusions or exemptions, implying that all listed goods are subject to the prohibition unless explicitly stated otherwise in subordinate instruments or amendments. The application of these regulations can be further defined or modified through subsequent subordinate legislation, as evidenced by the amendments listed in the schedules of the Statutory Rules.

Key Provisions

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1950 No. 79, include several significant changes that affect the exportation of specific goods. These amendments primarily involve replacing certain department names and terms within the existing regulations (Third Schedule). For instance, the document replaces "Department of Commerce" with "Department of Commerce and Agriculture" (item 1a), "Post-war Reconstruction" with "National Development" (items 1b and 1c), and "Supply and Development" with "National Development" and "Supply" in various items (items 1d and 1e). Furthermore, it modifies specific terms such as "Transport" to "Fuel, Shipping and Transport" (item 1f) and "Supply and Development" to "the Interior" (item 1g). These changes reflect adjustments to departmental responsibilities and terminology in alignment with national policy shifts. The Regulations impose several obligations on the parties and entities involved. Firstly, they require compliance with the updated departmental names and terms, ensuring that all references within the regulations accurately reflect current government structures and terminologies. This includes updating the Third Schedule to reflect changes in departmental responsibilities, which may affect how export permissions and restrictions are managed. Secondly, the Regulations mandate that any exports of goods listed in the amended schedules are subject to the conditions and restrictions specified therein. This means that exporters must ensure they adhere to the new departmental oversight and any newly imposed restrictions or conditions on the export of these goods. Breaches of these Regulations may result in significant consequences. The Customs Act 1901-1949, under which these Regulations are made, provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties can lead to imprisonment. The exact penalties depend on the nature and severity of the breach but could potentially include substantial fines or imprisonment terms. The specific maximum penalties are not detailed in the Statutory Rules but would be governed by the overarching Customs Act and any other relevant legislation. Compliance with these Regulations is therefore crucial to avoid legal repercussions.

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Customs Law
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