STATUTORY RULES
1968 No. 161
REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*
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 1901-1968.
Dated this nineteenth day of December, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendments of tue Customs (Prohibited Imports) Regulations†
1. Regulation 4c of the Customs (Prohibited Imports) Regulations is repealed and the following regulation inserted in its stead:—
Importation of certain goods from Southern Rhodesia.
“ 4c.—(1). The importation into Australia of goods specified in the Sixth Schedule to these Regulations that were grown, produced or manufactured in Southern Rhodesia is prohibited unless the Minister has, by instrument in writing, consented to the importation of the goods.
“ (2.) Without limiting the application of the last preceding sub-regulation, goods shall be deemed to have been manufactured in Southern Rhodesia if the goods have been subjected to any form of processing or treatment in Southern Rhodesia.”.
Sixth Schedule.
2. The Customs (Prohibited Imports) Regulations arc amended by adding at the end thereof the following Schedule:—
SIXTH SCHEDULE Regulation 4c.
Goods the Importation of which from Southern Rhodesia is Prohibited unless the Consent in Writing of the Minister has been Granted.
Item No. | Description of Goods |
1 | Asbestos |
2 | Chromium ore, including chromite |
3 | Cigarette filter rods |
4 | Cinematograph film, exposed and developed |
5 | Cobalt and cobalt base alloys |
6 | Copper ore |
7 | Copper and articles containing copper, being goods falling within an item in Chapter 74 of the First Schedule to the Customs Tariff 1966-1968 |
* Notified in the Commonwealth Gazette on 23 October 1968.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 133, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; and 1968, Nos. 100 and 141.
18748/68—Price 5c 10/12.12.1968
Sixth Schedule—continued
Item No | Description of Goods |
8 | Essential oils |
9 | Ferro-alloys |
10 | Granite |
11 | Hides, skins and leather, being goods filling within an item in Chapter 41 of the First Schedule to the Customs Tariff 1966-1968 |
12 | Iron ore and pig iron |
13 | Jewellery; goldsmiths and silversmiths wares |
14 | Meat, food prepared from meat and food of which meat is an ingredient |
15 | Precious and semi-precious tones |
16 | Printed book, booklets, brochures, pamphlets and leaflets |
17 | Seeds of a kind used for owing |
18 | Tanning extracts of vegetable origin |
19 | Tea |
20 | Tobacco |
Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra.
Overview
The Statutory Rules 1968 No. 161, titled "Regulations Under the Customs Act 1901-1968," was enacted to address the need for specific regulations governing the importation of certain goods from Southern Rhodesia into Australia. This legislation was introduced to ensure that the importation of goods from Southern Rhodesia was controlled and restricted unless explicitly approved by the Minister. The enactment was made by the Governor-General in accordance with the advice of the Federal Executive Council, highlighting the legislative authority and the formal process involved in regulating international trade through the Customs Act. The policy objective appears to be to prevent the importation of goods from Southern Rhodesia, thereby enforcing a trade embargo or restriction as part of broader economic or political strategies.
Scope and Application
The Statutory Rules 1968 No. 161, which are Regulations under the Customs Act 1901-1968, specifically address the importation of certain goods from Southern Rhodesia into Australia. These regulations apply to individuals, businesses, and entities involved in the importation of goods listed in the Sixth Schedule, such as asbestos, chromium ore, and cobalt. The scope of the Act is national, as it pertains to the entire Commonwealth of Australia. Importation of the specified goods from Southern Rhodesia is prohibited unless the Minister of Customs and Excise has granted written consent. The regulations do not explicitly state any exclusions or exemptions, but the requirement for ministerial consent suggests a discretionary element in their application. The regulations may be extended or restricted through subordinate instruments, allowing for flexibility in response to changing circumstances or policy objectives.
Key Provisions
The key operative section of these Regulations, section 4c, prohibits the importation of certain goods from Southern Rhodesia into Australia unless written consent is obtained from the Minister (Regulation 4c(1)). This prohibition applies to goods listed in the Sixth Schedule, which include a variety of items such as asbestos, chromium ore, cobalt and cobalt base alloys, and tobacco (Sixth Schedule). The definition of what constitutes goods manufactured in Southern Rhodesia is broadened to include any goods subjected to processing or treatment within the region (Regulation 4c(2)).
The Regulations impose specific obligations on importers and other parties involved in the importation process. Importers must ensure that any goods intended for importation from Southern Rhodesia do not fall under the prohibited categories unless they have secured written consent from the Minister. This requirement places the onus on importers to verify the origin and nature of the goods and to obtain the necessary approvals before proceeding with the importation (Regulation 4c(1)).
Failure to comply with the prohibitions set out in these Regulations may result in legal consequences. While the specific penalties are not detailed in the provided excerpt, breaches of customs regulations generally carry significant penalties under the Customs Act 1901-1968. These penalties can include substantial fines and, in severe cases, criminal prosecution. The severity of the penalty will depend on the nature and extent of the breach, with potential maximum penalties potentially reaching up to several thousand dollars or imprisonment for serious violations (Customs Act 1901-1968). Importers and entities involved in the importation process must therefore adhere strictly to the Regulations to avoid these potential consequences.