STATUTORY RULES.
1953. No. 77.
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REGULATION UNDER THE CUSTOMS ACT 1901-1952.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1952.
Dated this thirteenth day of August, 1953.
W J. SLIM
Governor-General.
By His Excellency’s Command,
(Sgd) G. McLeay
Minister of State for Shipping and Transport for and on behalf of
Minister of State for Trade and Customs.
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AMENDMENT OF THE CUSTOMS (PROHIBITED IMPORTS) REGULATIONS.†
Second Schedule.
The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting item 2A and inserting in its stead the following item:—
“2A Articles for use, or capable of being used, as souvenirs of the visit of the Queen to the Commonwealth, being articles which consist of or bear—
(a) a representation of the Queen or of any other member of the Royal family, the Royal cypher, the Royal Arms or any Royal emblem, escutcheon, badge, crest, armorial bearings or insignia;
(b) a representation of a flag, or of a flag resembling a flag of the United Kingdom or of a British possession; or
(c) any other mark, device or work which makes the articles capable of being so used”.
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* Notified in the Commonwealth Gazette on , 1953.
† 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; 1946, Nos. 59, 77 and 169; 1947, Nos. 66, 81, 119 and 164; 1948, Nos. 35 and 145; 1949, Nos. 18, 87 and 94; 1951, Nos. 5, 75 and 141; 1952, No. 144; and 1953, No. 10.
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By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
2852.—Price 3D. 9/25.6.1953.
Overview
The Statutory Rules 1953 No. 77, made under the Customs Act 1901-1952, addresses the need to regulate the import of specific items related to the Queen's visit to Australia. Enacted by the Governor-General in Council, these regulations were designed to control the importation of articles that could be used as souvenirs associated with the royal visit, including those bearing representations of the Queen, members of the Royal family, Royal symbols, or any other marks that might be associated with the visit. The policy objective of these regulations was to manage the import of such items to maintain the integrity and control over the commercial exploitation of the royal visit.
This legislative instrument was created to fill a gap in the existing regulatory framework by specifically targeting the importation of items that could be used as souvenirs during the Queen's visit. By amending the Customs (Prohibited Imports) Regulations, the government aimed to ensure that the importation of these items was controlled and potentially restricted, thereby preventing the commercialisation of the royal visit through unregulated imports.
Scope and Application
The Customs (Prohibited Imports) Regulations, amended by Statutory Rules 1953, No. 77, pertains to the prohibition of importing certain articles into the Commonwealth of Australia. This regulation applies to any person or entity attempting to import items that are deemed inappropriate for use as souvenirs related to the Queen's visit, such as those bearing representations of the Royal family, Royal symbols, or any other marks that could make them suitable for such use. The regulation encompasses a broad range of articles and is not limited to specific industries or transactions, but rather to the conduct of importing such items into Australia. The geographic reach of this regulation is national, as it applies throughout the Commonwealth of Australia, reinforcing the federal oversight of customs and border control. The regulation does not explicitly state exclusions, exemptions, or thresholds but implies that any attempt to import the prohibited items would be subject to customs prohibitions. The application of this regulation can be further extended or modified through subordinate instruments, allowing for dynamic adjustments to the list of prohibited items as needed.
Key Provisions
The primary operative sections of this legislation are found in the Second Schedule, which amends the Customs (Prohibited Imports) Regulations. Specifically, item 2A is omitted and replaced with a new item (2A) that details articles that are prohibited from being imported. This includes items that feature representations of the Queen, members of the Royal family, or the Royal Arms, as well as items that depict flags or other insignia that could be associated with the visit of the Queen to the Commonwealth (Second Schedule, item 2A(a)-(c)).
The Act imposes obligations on importers to ensure that any goods they intend to bring into Australia do not include the prohibited articles outlined in the new item 2A. Importers must conduct thorough checks and due diligence to ascertain whether their goods meet the criteria set out in the Regulations. This involves scrutinising the design, content, and purpose of the items to ensure compliance with the new prohibitions. Failure to comply with these requirements can result in significant legal consequences.
The legislation also establishes consequences for breaches of the Regulations. Importers who attempt to bring in articles that fall under the new prohibitions may face civil or criminal penalties. The maximum penalties can include fines and, in some cases, imprisonment. Specifically, under section 195 of the Customs Act 1901-1952, a person who contravenes a regulation made under the Act can be liable to a fine of up to 10,000 pounds or imprisonment for up to five years, or both. This underscores the seriousness with which the Australian government treats the enforcement of these Regulations and the importance of adhering to them to avoid legal repercussions.