Customs (Prohibited Imports) Regulations (Amendment)

Overview

Statutory Rules 1937 No. 2, made under the Customs Act 1901-1936, was enacted to address the need for specific regulatory measures surrounding the importation of certain goods in relation to the Coronation of King George VI and Queen Elizabeth. This regulation was issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and published in the Commonwealth Gazette in January 1937. The primary objective of this legislation was to prohibit the importation of articles that could be used for, or in connection with, the celebration or commemoration of the Coronation, or as souvenirs thereof, unless they were produced or manufactured in the United Kingdom or a British possession. This was aimed at controlling and possibly monopolising the market for commemorative and celebratory items associated with the royal event within Australia.

Scope and Application

The Statutory Rules 1937 No. 2, made under the Customs Act 1901-1936, specifically targets articles that are produced or manufactured in any country other than the United Kingdom or a British possession, and are suitable for use or in connection with the celebration or commemoration of the Coronation of the King and Queen or as souvenirs thereof. These articles include those that bear representations of the King, Queen, or other members of the Royal Family, the Royal cypher, the Royal Arms, any Royal emblem, escutcheon, badge, crest, armorial bearings, insignia, or any other mark, device, or word that renders them suitable for such use. The regulation extends to goods to which, or to the coverings of which, there is applied a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive. This legislation applies to any person or entity importing such items into the Commonwealth of Australia, thereby imposing restrictions on the import of specific commemorative goods to prevent the unauthorized use of royal insignia and symbols associated with the coronation events. The regulation is part of a broader set of customs laws governing imports and exports in Australia and is subject to further amendments and clarifications through subordinate instruments.

Key Provisions

The key operative sections of this legislation (Regulations 2a and 13a) amend the Customs (Prohibited Imports) Regulations to prohibit the importation of certain articles associated with the Coronation of the King and Queen, or resembling the Royal Arms. Regulation 2a specifically targets items that are produced or manufactured outside the United Kingdom or a British possession and are intended for use in the celebration or commemoration of the Coronation, including items that depict members of the Royal Family, Royal emblems, insignia, or flags resembling those of the United Kingdom or a British possession. Regulation 13a broadens the scope to include goods with representations of the Royal Arms, or any representation so similar as to be likely to deceive. These regulations impose obligations on importers, customs officers, and potentially manufacturers and sellers to ensure that such items are not imported into Australia. Importers are required to declare the nature of the goods accurately and ensure they do not fall under the prohibited categories. Customs officers must enforce the regulations by inspecting and seizing goods that are deemed to violate the amended schedule. Additionally, manufacturers and sellers may be indirectly affected by these provisions if their products are subject to prohibition under these regulations. The legislation provides for potential civil and criminal consequences for breaches of these regulations. Importers who knowingly or negligently import prohibited items could face fines, penalties, and potential seizure of the goods. Customs officers may also be subject to disciplinary actions if they fail to enforce the regulations properly. The specific penalties are not detailed in the text but would typically include fines and other legal sanctions as prescribed by the Customs Act 1901-1936 or other relevant legislation.