STATUTORY RULES
1946. No. 169.
REGULATIONS UNDER THE CUSTOMS ACT 1901–1936.*
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 1901–1936.
Dated this twenty-seventh day of November, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
BEN. COURTICE
Minister of State for Trade and Customs.
Amendments of the Customs (Prohibited Imports) regulation.†
The First Schedule.
1. The First Schedule to the Customs (Prohibited Imports) Regulations is amended—
(a) by omitting item 15; and
(b) by omitting from item 18 the word “weapons” and inserting in its stead the word “goods”.
The Third Schedule.
2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 5 the following item:—
“5a | Fireworks of the kinds, types and descriptions prohibited by the law of a State from importation into that State | The intending importer shall produce to the Collector of Customs an authority to import made under the law of the State by the appropriate State Authority.”. |
*Notified in the Commonwealth Gazette on 28th November, 1946.
† Statutory Rules 1934, No. 152, as amended to date. For previous Customs (Prohibited Imports) Regulations, see footnote † to Statutory Rules 1943, No. 11; and see also Statutory Rules 1945, Nos. 34 and 144; and 1946, Nos. 58 and 77.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6054.—Price 3d.
Overview
The Statutory Rules 1946 No. 169, made under the Customs Act 1901–1936, were enacted to refine the regulations concerning prohibited imports in Australia. This legislative instrument was developed by the Governor-General, acting on advice from the Federal Executive Council, and was aimed at updating and correcting the Customs (Prohibited Imports) Regulations to better align with contemporary legislative requirements and state laws. The primary objective of these regulations was to streamline the process for importing certain goods, particularly those related to state-specific prohibitions such as fireworks, while ensuring compliance with both federal and state laws. The introduction of these amendments sought to provide a more cohesive regulatory environment for the importation of goods, addressing any gaps or inconsistencies that may have existed in the previous framework.
Scope and Application
The Statutory Rules 1946 No. 169, which are regulations under the Customs Act 1901–1936, pertain to the regulation of prohibited imports into the Commonwealth of Australia. These regulations apply to all individuals, entities, and industries involved in the importation of goods into Australia, particularly those seeking to import items that are subject to prohibitions outlined in the Customs Act. The scope of the regulations includes a detailed list of prohibited items, which are amended through the schedules attached to the regulations. Geographically, these regulations exert their influence across the entire Commonwealth, aligning with national standards for the regulation of imports. Certain exclusions and exemptions may apply based on specific state laws, particularly in relation to the importation of fireworks as noted in the Third Schedule, where an intending importer must produce an authority to import issued under state law. The application and enforcement of these regulations may be further detailed or refined through subordinate instruments or additional legislative amendments.
Key Provisions
The key provisions of the Regulations under the Customs Act 1901–1936, as outlined in Statutory Rules 1946, No. 169, primarily involve amendments to the Customs (Prohibited Imports) Regulations. Specifically, section 1(a) of the First Schedule omits item 15 from the list of prohibited imports, while section 1(b) replaces the word “weapons” in item 18 with “goods”. This indicates that the scope of restricted imports has been expanded or altered in these specific instances. Furthermore, section 2 of the Third Schedule introduces a new item, 5a, which prohibits the importation of fireworks that are banned by state law in the relevant state. This amendment requires intending importers to obtain an authority to import from the appropriate state authority and present it to the Collector of Customs.
The obligations imposed by these regulations are primarily on intending importers who must now ensure compliance with both federal and state laws regarding prohibited imports. This involves obtaining the necessary state authority to import goods that would otherwise be restricted. The regulations place the onus on the importer to verify that the items they wish to bring into Australia do not contravene any state laws, and to secure the requisite documentation to do so legally. The Collector of Customs, as the regulatory authority, has the responsibility to verify the legitimacy of the import authority provided by the importer.
Breaches of these regulations can result in significant legal consequences. While the specific offences and penalties are not detailed within the text provided, it is reasonable to infer that failure to comply with the requirements for importing prohibited items could result in legal action under the Customs Act 1901–1936. Such actions could encompass civil penalties for non-compliance, and potentially criminal penalties if the breach is deemed severe enough. The maximum penalties for contravening customs regulations can include substantial fines and, in serious cases, imprisonment. The precise penalties would depend on the nature and extent of the breach, as well as any relevant precedents or guidelines set by the courts.