STATUTORY RULES.
1937. No. 108.
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 First day of December, 1937.
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
Customs (Textile Imports) Regulations.
1. These Regulations may be cited as the Customs (Textile Imports) Regulations.
2. The importation of any goods specified in the first column of the Schedule to these Regulations shall be prohibited unless the conditions set out in the second column of that Schedule opposite to such goods respectively have been complied with or the Minister otherwise directs.
THE SCHEDULE.
Specification of Goods. | Conditions. |
(1) Piece goods the produce or manufacture of Japan, viz. :— (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) of the Customs Tariff 1933-1936. | (1) The piece 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) Such certificate shall be surrendered to the Collector. (3) The Collector shall be satisfied that the admission of the piece goods into the Commonwealth would not be contrary to any arrangement for the control of the export to the Commonwealth of Australia of Japanese cotton piece goods and Japanese artificial silk piece goods in respect of which this condition applies, or to any determination of the Minister in relation to the administration of that arrangement. |
* Notified in the Commonwealth Gazette on , 1937.
6611.—10/29.11.1937.—Price 3d.
The Schedule.—continued.
Specification of Goods. | Conditions. |
(2) Piece goods the produce or manufacture of Japan, viz. :— Calico for bag making admissible under Item 105 (a) (2) of the Customs Tariff 1933-1936. | (1) The calico 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) Such certificate shall be surrendered to the Collector. (3) The calico shall be used only for the purpose or purposes specified in any Departmental By-law made pursuant to Item 105 (a) (2). (4) The owner of the calico shall give security to the Collector in accordance with a form approved by the Collector that the calico will be so used. The amount of the security shall be such as the Collector fixes and shall be additional to the amount of the security required in connexion with any Departmental By-law made pursuant to Item 105 (a) (2). |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Customs (Textile Imports) Regulations 1937 were enacted to address the need for stringent control over the importation of certain textile goods from Japan, particularly those made from artificial silk and cotton, in order to prevent unfair trade practices and to ensure compliance with export control agreements. These regulations were introduced by the Federal Executive Council, acting under the authority of the Governor-General, in response to the Customs Act 1901-1936. The primary policy objective was to safeguard domestic industries by regulating the import of specified goods from Japan, ensuring they were accompanied by appropriate export control certificates and that their importation did not contravene any existing export control arrangements or ministerial determinations.
Scope and Application
The Customs (Textile Imports) Regulations 1937 are made under the Customs Act 1901-1936 and pertain specifically to the importation of certain textile goods from Japan. These regulations apply to the importation of piece goods of artificial silk or cotton, or those in admixture with other fibres, and specifically mention calico for bag making. The regulations apply to any person or entity attempting to import such goods into the Commonwealth of Australia, requiring compliance with specific conditions to ensure the legality of such imports. The regulations impose conditions such as the requirement for an Export Control Certificate issued by the Japanese Government or an authorized organisation, which must be surrendered to the Collector. Additionally, the regulations require the Collector to be satisfied that the admission of these goods does not contravene any agreements or ministerial determinations concerning the export control of Japanese textiles. Any deviation from these requirements can result in the prohibition of importation unless otherwise directed by the Minister. The regulations apply across the Commonwealth of Australia, thus covering all states and territories under federal jurisdiction.
Key Provisions
The Customs (Textile Imports) Regulations (C1937L00108) detail specific requirements for the importation of textile goods from Japan into Australia. According to Regulation 2, the importation of certain Japanese-made piece goods is prohibited unless particular conditions are met. These conditions are outlined in the Schedule, which specifies the type of goods and the necessary compliance measures. For instance, piece goods made of artificial silk or cotton, or those made of a mixture of these materials, must be accompanied by an Export Control Certificate issued by the Japanese Government or an authorized entity (Schedule, Specification of Goods, Conditions (1)). This certificate must then be surrendered to the Collector upon arrival in Australia.
The obligations imposed by these Regulations are quite specific and must be strictly adhered to. For example, the importer of piece goods must ensure that the items are accompanied by the required Export Control Certificate (Schedule, Specification of Goods, Conditions (1)). Furthermore, the Collector must verify that the importation of these goods does not contravene any existing agreements or Ministerial determinations regarding the export controls of Japanese textiles (Schedule, Specification of Goods, Conditions (3)). For calico intended for bag making, additional security must be provided to ensure it is used only for the specified purposes, as outlined in any relevant Departmental By-laws (Schedule, Specification of Goods, Conditions (4)).
Breaching the provisions of these Regulations can lead to serious consequences. The Regulations do not explicitly state the penalties for non-compliance, but violations of the Customs Act 1901-1936, under which these Regulations are made, can result in substantial fines and even imprisonment. Given the specific nature of the restrictions on textile imports, failure to comply with the conditions set out in the Schedule could be viewed as a significant infringement, potentially leading to enforcement actions by the Australian Customs Service.