Exports (Grain) Regulations (Amendment)

Legislation au C1968L00121 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1968 No. 121

 

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 third day of October , 1968.

CASEY

Governor-General.

By His Excellency’s Command

Sgd. J. D. Anthony

Minister of State for Primary Industry for and on behalf of the Minister of State for Customs and Excise.

 

Amendments of the Exports (Grain) Regulations†

Circumstances in which the export of grain is prohibited.

1. Regulation 7 of the Exports (Grain) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraphs:—

“(a) unless the exporter holds an export permit granted under regulation 8 of these Regulations in respect of the grain;

(aa) unless the grain has been loaded in the presence of an officer;”.

2. Regulation 8 of the Exports (Grain) Regulations is repealed and the following regulations are inserted in its stead:—

Application for export permit.

“8.—(1.) An application for an export permit shall be in accordance with Form 1.

“(2.) The application shall be in duplicate and, unless the officer with whom the application is lodged otherwise approves, shall be lodged at least three clear working days before the day on which it is proposed to commence the loading of the grain.

“(3.) An export permit shall be in accordance with Form 1a and Shall be written on both copies of the application made by the exporter.

“(4.) One copy of the application bearing the export permit shall be delivered to the exporter.

“(5.) An application for an export permit shall only be refused if, on inspection by an officer, it is found that the grain is infested with insect pests or it is otherwise in a condition that renders it unfit for export.”.

Export permit.

“8a. Where an export permit is issued in respect of grain, the exporter shall deliver the export permit to the officer of Customs performing duty in relation to the ship by which the grain is to be exported.”.

 

* Notified in the Commonwealth Gazette on , 1968.

† Statutory Rules 1963, No. 10, as amended by Statutory Rules 1963, No. 144; and 1966, No. 44.

18774/68—Price 5c 10/9.7.1968


3. After regulation 15 of the Exports (Grain) Regulations, the following regulations are inserted:—

Cancellation of export permit.

“16. Where the grain in respect of which an export permit has been granted has, after the grant of the permit, become infested with insect pests or otherwise become unfit for export, an officer may cancel the export permit, and, if a certificate has been issued under regulation 14 of these Regulations, the officer may cancel that certificate.

Surrender of cancelled export permit.

“17. Where an export permit or certificate has been cancelled under the last preceding regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or the certificate, as the case may be, to the officer.

Penalty: One hundred dollars.”.

Schedule.

4. The Schedule to the Exports (Grain) Regulations is amended by omitting Form 1 and inserting in its stead the following forms:—

Form 1

Regulation 8.

Commonwealth of Australia

Exports (Grain) Regulations

APPLICATION FOR EXPORT PERMIT

To the Regional Officer,

Department of Primary Industry,

(State).

........................................................19..........

Application is hereby made for an export permit in respect of the grain described below.

Name of Exporter................................................................Address.........................................................

...........................................................

Port from which grain is to be exported..................................................................................................... Name of Ship........................................................Loading Berth............................................................. Estimated time for commencement of loading a.m./p.m. on......../......../........

Destination of Grain........................................................Type of Grain................................................... Season of Production................................................ Quantity in tons Bagged.........................................

Bulk.............................................

The grain is stored in the port at................................................................................................................

The grain has not been subjected to any treatment within the last preceding 28 days.

or

The grain was subjected to the following treatment within the last preceding 28 days—

…………………………………………

(Signature of Exporter)

 

Form 1a

Regulation 16.

Commonwealth of Australia

Exports (Grain) Regulations

EXPORT PERMIT

To the Collector of Customs, No.....................................................

(State).

Permission is hereby granted, under the Exports (Grain) Regulations, for the export of the grain described above.

………………………………………………..

Officer of the Department of Primary Industry.

 

By Authority; A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1968 No. 121, titled "Regulations under the Customs Act 1901–1968," were enacted by the Governor-General in the Commonwealth of Australia, acting on advice from the Federal Executive Council. These regulations were introduced to amend the Exports (Grain) Regulations and address the need for a more structured and controlled process for exporting grain. This was to ensure compliance with quality and infestation standards, thereby maintaining the integrity and value of Australian grain exports. The policy objective of these amendments is to regulate the export of grain more stringently, ensuring that only grain meeting the required standards is exported, thus protecting the reputation of Australian grain in the international market. The regulations mandate that an export permit is necessary for grain exports and introduce procedures for the application, issuance, and cancellation of such permits, along with penalties for non-compliance.

Scope and Application

The Statutory Rules 1968 No. 121, made under the Customs Act 1901–1968, pertain to the regulation of grain exports within Australia. These regulations apply to all entities and individuals seeking to export grain, requiring them to adhere to the outlined permit and inspection processes. The scope of the Act is federal, with its jurisdiction extending across the Commonwealth of Australia. It specifies the conditions under which the export of grain is permissible, including the requirement for an export permit and the need for the grain to be inspected and loaded in the presence of an officer. The regulations also detail the process for applying for and obtaining an export permit, including the forms to be used and the timing of applications. Furthermore, the regulations provide for the cancellation of export permits if the grain becomes infested or unfit for export after the permit has been granted. Any exporter found in breach of these regulations may be subject to penalties, reinforcing the importance of compliance with the outlined procedures.

Key Provisions

The main operative sections of these Regulations, made under the Customs Act 1901-1968, introduce specific requirements and processes for the export of grain from Australia. Regulation 7 now stipulates that the export of grain is prohibited unless an export permit has been granted and the grain has been loaded in the presence of an officer (reg. 7(a) and (aa)). Regulation 8 details the application process for an export permit, requiring the submission of a form in duplicate at least three clear working days before loading, and outlines the conditions under which an application may be refused (reg. 8(1)-(5)). Regulation 8a mandates that once an export permit is issued, it must be delivered to the Customs officer responsible for the ship (reg. 8a). New regulations 16 and 17 address the cancellation of export permits and the subsequent surrender of these permits or certificates by the exporter (regs. 16 and 17). These Regulations impose several obligations on exporters of grain. Exporters must ensure they hold a valid export permit before exporting grain (reg. 7(a)), and they must apply for this permit in accordance with the specified forms and timelines (reg. 8). They are also required to deliver the export permit to the relevant Customs officer (reg. 8a) and surrender any cancelled permits or certificates upon request (reg. 17). Furthermore, exporters must ensure that their grain is not infested with pests or unfit for export, as failure to comply can result in the refusal of an export permit application (reg. 8(5)). Failure to comply with these Regulations can lead to civil and criminal consequences. Regulation 16 allows for the cancellation of an export permit if the grain becomes infested or unfit for export after the permit has been granted. Regulation 17 mandates the surrender of any cancelled permits or certificates, with a penalty of one hundred dollars for non-compliance (reg. 17). These penalties underscore the importance of adhering to the stipulated processes and conditions for the export of grain.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.