STATUTORY RULES.
1938. No. 72.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*
I, THE ADMINISTRATOR of the Government of 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 Fourteenth day of July, 1938.
Administrator.
By His Excellency’s Command,
Acting Minister of State for Trade and Customs.
Amendments of the Customs (Prohibited Imports) Regulations. †
Second Schedule.
1. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 15 the following item:—
“ 15a | Piece goods specified in item 9a or 9b in the Third Schedule to these Regulations in respect of which the conditions and restrictions respectively so specified have not been complied with ” |
Third Schedule.
2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 9 the following items :—
“ 9a | Piece goods the produce or manufacture of Japan, namely :— | 1. The goods shall be accompanied by an Export Control Certificate (in accordance with a form approved by the Minister) issued by the Japanese Government or by an organization authorized by the Japanese Government 2. The certificate shall be surrendered to the Collector 3. The Collector shall be satisfied that the admission of the goods into the Commonwealth would not be contrary to any arrangement for the control of the export to the Commonwealth of the goods or to any determination of the Minister in relation to the administration of that arrangement. |
|
(a) piece goods of artificial silk or of artificial silk in admixture with other fibres ; (b) piece goods of cotton, or of cotton in admixture with other fibres, except calico for bag making admissible under item 105 (a) (2) in the Schedule to the Customs Tariff 1933-1938 ; and (c) piece goods of staple fibre, or of staple fibre in admixture with other fibres |
* Notified in the Commonwealth Gazette on July, 1938.
† Statutory Rules 1934, No. 132, as amended by Statutory Rules 1935, No. 19; 1936, Nos. 18, 38, 59, 69, 86, 92, 97, 104, 130, 162 and 166; 1937, No. 2 ; and 1938. Nos. 7, 40, and 49.
3623.—8/5.7.1938.—Price 3d.
“ 9b | Piece goods the produce or manufacture of Japan, namely, calico for bag making admissible under item 105 (a) (2) in the Schedule to the Customs Tariff 1933-1938 | 1. The goods shall be accompanied by an Export Control Certificate (in accordance with a form approved by the Minister) issued by the Japanese Government or by an organization authorized by the Japanese Government 2. The certificate shall be surrendered to the Collector 3. The goods shall be used only for the purpose or purposes specified in any Departmental By-law made in pursuance of item l05 (a) (2) in the Schedule to the Customs Tariff 1933-1938 4. The owner of the goods shall give security to the Collector in accordance with a form approved by the Collector that the goods will be so used. The amount of the security shall be such as the Collector fixes and shall be in addition to the amount of the security required in connexion with any Departmental By-law made in pursuance of item 105 (a) (2) in the Schedule to the Customs Tariff 1933—1938 ”. |
|
|
Repeal.
3. The Customs (Textile Imports) Regulations (being Statutory Rules 1937, No. 108) are repealed.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1938, No. 72, made under the Customs Act 1901-1936, amends the Customs (Prohibited Imports) Regulations to introduce new conditions for the importation of certain piece goods from Japan, addressing the need for stringent control and monitoring of textile imports. This legislative instrument was enacted by the Commonwealth of Australia, with the Administrator making the regulations with the advice of the Federal Executive Council. The policy objective is to ensure that the importation of specified textiles complies with export control certificates and is subject to the satisfaction of the Collector regarding any export control agreements or ministerial determinations.
The regulations, which amend the Customs (Prohibited Imports) Regulations, introduce specific requirements for piece goods from Japan, including the need for an Export Control Certificate and compliance with usage restrictions. These amendments aim to enhance the administration of import controls, particularly in relation to textiles, ensuring adherence to any existing agreements or ministerial decisions. The Third Schedule outlines the types of piece goods subject to these conditions and the necessity for the Collector to verify compliance with any applicable export control measures. Additionally, the regulations repeal the Customs (Textile Imports) Regulations 1937, integrating the new provisions into the broader framework of customs regulations.
Scope and Application
These Regulations, made under the Customs Act 1901-1936, amend the Customs (Prohibited Imports) Regulations to impose specific conditions on the importation of certain piece goods from Japan. The Regulations apply to entities and individuals seeking to import these goods into the Commonwealth of Australia. The scope includes piece goods such as artificial silk, cotton, and staple fibre, and requires compliance with detailed conditions such as the submission of an Export Control Certificate from the Japanese Government and adherence to specified uses or restrictions as outlined in departmental by-laws. The Regulations also stipulate that the Collector must be satisfied that the importation does not contravene any export control arrangements or ministerial determinations. Notably, these Regulations repeal the Customs (Textile Imports) Regulations, consolidating the requirements under a streamlined framework. The applicability of these Regulations is national, governing imports across the entire Commonwealth, with no stated exclusions or exemptions within the text. Subordinate instruments may further extend or detail specific implementation aspects of these Regulations.
Key Provisions
The Regulations under the Customs Act 1901-1936, specifically amending the Customs (Prohibited Imports) Regulations, introduce several key provisions. Section 1 of the Second Schedule inserts a new item 15a, which prohibits the importation of piece goods specified in items 9a or 9b in the Third Schedule unless the conditions and restrictions specified in those items have been met. This addition aims to ensure that imports comply with certain conditions and restrictions regarding the origin and use of specified goods.
Section 2 of the Regulations further details the conditions and restrictions for specific types of piece goods. These include goods produced or manufactured in Japan, such as artificial silk or silk in admixture with other fibres, cotton or cotton in admixture with other fibres (excluding calico for bag making), staple fibre or staple fibre in admixture with other fibres, and calico for bag making. For these goods, an Export Control Certificate issued by the Japanese Government or an authorized organisation is required. Additionally, the Collector must be satisfied that the admission of the goods into the Commonwealth does not contravene any export control arrangements or ministerial determinations.
These Regulations impose several obligations on the parties involved. Importers must ensure that any specified piece goods are accompanied by the required Export Control Certificate. Furthermore, for certain goods such as calico for bag making, the owner must provide security to the Collector that the goods will be used only for the specified purposes outlined in any relevant Departmental By-law. This security amount is determined by the Collector and may be in addition to any other required security under applicable by-laws.
Failure to comply with the provisions of these Regulations can result in various penalties and legal consequences. Importers who fail to provide the necessary Export Control Certificate or who do not comply with the specified conditions and restrictions could face civil or criminal penalties. The exact penalties are not explicitly stated in the Regulations, but they could include fines, confiscation of the goods, or other administrative actions as determined by the relevant authorities. Additionally, any breach of the security requirements could lead to the forfeiture of the security provided and potential legal action against the importer.