STATUTORY RULES.
1921. No. 97.
———
REGULATIONS UNDER THE CUSTOMS ACT 1901-1920.
I, THE Deputy of 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 1901-1920, to come into operation forthwith.
Dated this ninth day of May, 1921.
STRADBROKE,
Deputy of the Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
_________
Amendments of the Customs Regulations as Amended to this Date.
After regulation 100 of the Customs Regulations the following regulations are inserted:—
Reserve on wool permitted to be exported.
“100a.— (1.) The reserve to be notified by the company known as the British Australian Wool Realization Association Limited to the Minister for the purposes of the proclamation dated the ninth day of May, 1921, relating to the export of wool, as being the reserve on wool of each type, shall be determined by that company, in accordance with the principles upon which the reserves on wool were determined by the Central Wool Committee in respect of wool of the season of 1919-1920, and shall be such a reserve as will, with the reserves similarly determined in respect of all other types of Australian wool, produce an average reserve of eightpence per pound for an average Australian wool clip.
“(2.) In this regulation the Central Wool Committee means the body of that name constituted under the War Precautions (Wool) Regulations 1916.
“(3.) For the purposes of this regulation the average of the Australian wool clips for the seasons 1917-1918, 1918-1919, and 1919-1920 shall be deemed to be an average Australian wool clip.
Declaration of exporter of wool.
“100b. Every person desiring to export wool from the Commonwealth during the continuance of the proclamation dated the ninth day of May, 1921, relating to the export of wool, shall, prior to the shipment of the wool, supply to the Collector at the port of shipment—
(a) in the case of wool purchased in Australia on or after the date of the proclamation (not being wool on consignment for sale overseas), a statutory declaration, or other evidence to the satisfaction of the Collector, that the wool was purchased by the person on whose behalf it is being exported, at a price not lower than the reserve agreed upon as the official reserve in respect of wool of that type; and
(b) in the case of wool consigned for sale overseas, an undertaking or security, to the satisfaction of the Minister, that the wool will not be sold, either publicly or privately, at a price lower than an amount which represents the equivalent of the reserve agreed upon as the official reserve in respect of wool of that type, plus the freight and other charges on the wool from the port of shipment in Australia to the place of sale overseas.
Penalty: Fifty pounds.
Penalty for sale below amount provided for in undertaking.
“100c. If any wool in respect of which an undertaking has been given in pursuance of the last preceding regulation is sold at a price lower than the amount provided for in the undertaking, the person who gave the undertaking shall be guilty of an offence
Penalty: Fifty pounds.”
________________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1921 No. 97, made under the Customs Act 1901-1920, were introduced to address the need for regulating the export of wool during a period of significant economic and market volatility, particularly in the wake of the First World War. Enacted by the Deputy of the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations aimed to stabilise the wool market by establishing a reserve price for wool exports. The policy objective was to ensure that wool was not exported below a certain price, thereby protecting Australian wool producers from the adverse effects of market fluctuations and maintaining fair prices for their produce. This was achieved by requiring exporters to declare the purchase price of wool and provide guarantees that the wool would not be sold below the reserve price, with penalties for non-compliance.
Scope and Application
The Statutory Rules 1921 No. 97, made under the Customs Act 1901-1920, applies to any person or entity involved in the export of wool from Australia. This includes exporters who must comply with the stipulations set forth in the regulations, particularly those concerning the reserves on wool and the mandatory declarations or undertakings they must provide. These regulations have a national reach, applying across the Commonwealth of Australia. Notably, the regulations include specific provisions that establish the reserve on wool to be determined by the British Australian Wool Realization Association Limited, ensuring an average reserve of eightpence per pound for an average Australian wool clip. Additionally, they require exporters to furnish statutory declarations or undertakings to the Collector at the port of shipment, ensuring that wool is not sold below the agreed reserve price, including the freight and other charges. Penalties are imposed for non-compliance, including fines of fifty pounds for failing to adhere to the declared reserve prices or for selling wool below the stipulated amount.
Key Provisions
The primary provisions of these regulations are found in regulations 100a, 100b, and 100c (1921). Regulation 100a sets out the method by which the British Australian Wool Realization Association Limited will determine the reserve on wool, which is to be set at a level that will produce an average reserve of eight pence per pound for an average Australian wool clip. This reserve is to be calculated according to the principles used by the Central Wool Committee in respect of wool of the 1919-1920 season. Regulation 100b outlines the declaration requirements for those wishing to export wool. Specifically, it mandates that any person exporting wool must provide a statutory declaration or other evidence that the wool was purchased at a price not lower than the reserve agreed upon for that type of wool. If the wool is consigned for sale overseas, an undertaking or security must be provided to the Minister that it will not be sold below the reserve price, adjusted for freight and other charges from the Australian port to the overseas place of sale. Regulation 100c imposes a penalty for those who breach the conditions of their undertaking, with a fine of fifty pounds for each instance of such a breach.
Under these regulations, the British Australian Wool Realization Association Limited is obligated to determine the reserve on wool according to the specified principles and notify the Minister. Exporters of wool must comply with the declaration requirements, providing either a statutory declaration or an undertaking, as appropriate. These obligations are designed to ensure that wool is not sold below a certain reserve price, thereby protecting the interests of Australian wool producers.
The regulations also establish clear consequences for non-compliance. Regulation 100b imposes a penalty of fifty pounds for failure to provide the required declaration or undertaking. Furthermore, Regulation 100c introduces a penalty of fifty pounds for each instance where wool is sold at a price lower than the amount specified in the undertaking. These penalties serve as a deterrent against non-compliance and ensure adherence to the reserve pricing mechanisms established by the regulations.