STATUTORY RULES.
1944. No. 177.
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REGULATION UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—
(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or
(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of flour except subject to the conditions and restrictions prescribed by the Exports (Flour) Regulations, as amended by the following regulation, would be harmful to the Commonwealth:
Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this 29th day of November, 1944.
W. DUGAN
Administrator.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture acting for and on behalf of the Minister of State for Trade and Customs.
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Amendment of the Exports (Flour) Regulations.†
Export of certain flour prohibited.
Regulation 7 of the Exports (Flour) Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—
“(b) which, in the opinion of a person, or a person included in a class of persons, authorized by the Secretary, by instrument in writing published in the Gazette, to act under this paragraph, is unfit for export;”.
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1940, No. 216.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6831.—Price 3d. 10/7.11.1944.
Overview
Statutory Rules 1944 No. 177, under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, was enacted to address the need to regulate the export of goods that could be harmful to the Commonwealth, particularly flour, during a period of heightened scrutiny on the quality and safety of exported goods. This legislative instrument was introduced to provide the Governor-General with the authority to prohibit the export of goods that do not meet specified conditions of purity, soundness, or freedom from disease, thereby safeguarding national interests and maintaining the integrity of exported products. The regulation was made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the policy objective of ensuring that only flour deemed fit for export is allowed to leave the country.
Scope and Application
This legislative instrument amends the Exports (Flour) Regulations, which are made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933. The regulations apply to the export of flour and are designed to prevent the export of goods that are harmful to the Commonwealth or do not meet prescribed conditions of purity, soundness, or freedom from disease. Specifically, Regulation 7 is altered to provide that the export of certain flour is prohibited if it is deemed unfit for export by a person or a class of persons authorised by the Secretary. This regulation applies to any individual or entity involved in the export of flour within the Commonwealth of Australia. The geographic reach of these regulations is national, affecting all states and territories within Australia. The regulations do not specify any exclusions or exemptions, and their application is not extended or restricted through subordinate instruments. The primary objective is to ensure that the export of flour maintains the standards necessary to protect the health and economic interests of the Commonwealth.
Key Provisions
The main operative sections of the Statutory Rules 1944 No. 177 involve the prohibition of the export of certain goods, specifically flour, unless it meets prescribed conditions and restrictions (reg. 7). This regulation amends the Exports (Flour) Regulations by replacing the previous criteria for determining the unfitness of flour for export with a new provision. Now, it is up to a person or a class of persons authorized by the Secretary to determine if the flour is unfit for export, and this determination must be made in writing and published in the Gazette (reg. 7(b)).
The Act imposes specific obligations on the parties involved in the export of flour. Exporters must ensure that the flour meets the criteria set out in the regulation, which includes being deemed fit for export by an authorized person. The Secretary, who has the authority to designate individuals or classes of individuals to make these determinations, must also publish the names of these authorized persons in the Gazette. This ensures transparency and accountability in the decision-making process regarding the export of flour.
Failure to comply with the provisions of this regulation can result in legal consequences. While the specific penalties are not detailed within the regulation itself, under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, breaches of export prohibitions can lead to civil and criminal penalties. These may include fines and imprisonment, depending on the severity and intent behind the breach. The exact penalties would be determined in accordance with the relevant acts and the circumstances of the offence.