STATUTORY RULES.
1942. No. 188.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939–1940.
Dated this twentieth day of April, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary)
Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Exemption of certain vessels from customs duty.
“53. Duties of Customs shall not be chargeable (whether under the Customs Tariff 1933–1939 or under any other Act) on any vessel specified in item 424(b) in the Schedule to the Customs Tariff 1933–1939.”.
* Notified in the Commonwealth Gazette on 21st April, 1942.
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 68, 72, 78, 90, 111, 125, 132, 147. 150. 153, 154, 157, 161, 172, 175 and 185.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2727.—Price 3d.
Overview
The Statutory Rules 1942 No. 188, made under the National Security Act 1939–1940, was introduced to address a specific wartime necessity. Enacted by the Governor-General in Council, these regulations aimed to streamline customs duties for certain vessels in support of national security efforts during World War II. The regulations were designed to exempt certain vessels from customs duty, reflecting a policy objective to facilitate the efficient movement of goods and resources required for the war effort. This legislative instrument underscores the wartime measures taken by the Commonwealth to support national security, ensuring that essential maritime operations were not hindered by administrative burdens.
Scope and Application
The Statutory Rules 1942, No. 188, made under the National Security Act 1939-1940, pertains to the amendment of the National Security (Supplementary) Regulations to exempt certain vessels from customs duty. This regulation applies to any vessel specified in item 424(b) in the Schedule to the Customs Tariff 1933-1939, thereby excluding such vessels from duties imposed under the Customs Tariff 1933-1939 or any other Act. The application of these regulations is nationwide, as they are made under a Commonwealth Act and thus operate within the jurisdiction of the Commonwealth of Australia. The regulation is precise in its application, only affecting the specified vessels and does not provide for any exclusions or exemptions beyond those vessels. The regulation's application is not extended or restricted by subordinate instruments in this instance.
Key Provisions
The main operative sections of this Statutory Rule pertain to the amendment of the National Security (Supplementary) Regulations, specifically adding a new regulation exempting certain vessels from customs duty (s. 1). The regulation states that duties of Customs shall not be chargeable on any vessel specified in item 424(b) in the Schedule to the Customs Tariff 1933–1939 (s. 1). This means that the government is exempting specified vessels from paying customs duties, thereby facilitating smoother trade and logistics operations for these vessels.
The obligations and requirements imposed by this Act pertain to the Customs service and potentially the owners or operators of the specified vessels. The Customs service is required to ensure that the specified vessels are not charged customs duties, while the vessel owners or operators need to ensure they are using vessels that fall under the exemption. The regulation explicitly states which vessels are exempt, which can be found in item 424(b) of the Schedule to the Customs Tariff 1933–1939. These obligations necessitate compliance and proper documentation to take advantage of the exemption.
Any breaches of the provisions contained within this Statutory Rule could lead to civil or criminal consequences. While the specific penalties are not detailed within the text, breaches of regulations related to customs duties can generally lead to fines, penalties, or even imprisonment depending on the severity and intent of the breach. The maximum penalties could vary, but typically, serious breaches of customs regulations can result in significant fines and lengthy imprisonment terms, reflecting the importance of compliance with such regulations.