Sanctions (Prohibited Exports) Regulations

Legislation au C1935L00116 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1935. No. 116.

 

REGULATIONS UNDER THE SANCTIONS ACT 1935.*

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 Sanctions Act 1935.

Dated this fifteenth day of November, 1935

(SGD.) ISAAC A. ISAACS

 

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs acting for and on behalf of the Treasurer.

 

Sanctions (Prohibited Exports) Regulations.

Short title.

1. These Regulations may be cited as the Sanctions (Prohibited Exports) Regulations.

Commencement.

2. These Regulations shall take effect on and from the eighteenth day of November, 1935.

Prohibition of exportation of certain goods.

3.—(1.) The exportation to Italy, or to any other country for re-exportation to Italy, of the goods specified in the Schedule to these Regulations is prohibited, unless the consent in writing of the Minister for Trade and Customs to the exportation of the goods has first been obtained.

(2.) The exporter of any goods of the kinds specified in the Schedule to these Regulations shall, if required by the Minister, produce evidence to the Minister’s satisfaction that the goods have not reached Italy, and, if the exporter fails to do so, the shall be deemed to have exported the goods in contravention of these Regulations, unless he satisfies the Minister that he did not consent to or connive at the goods reaching Italy:

Provided that it shall be a good defence in any proceedings against the exporter in respect of the exportation of such goods if he proves to the satisfaction of the Court that he did not consent to or connive at the goods reaching Italy.

 

* Notified in the Commonwealth Gazette on  , 1935.

5313.—50/14.11.1935.—Price 3d.


(3.) No goods the exportation of which to Italy is prohibited by these Regulations shall be shipped or delivered as stores on a vessel or aircraft proceeding to Italy, unless the Collector of Customs of the State in which the goods are to be shipped or delivered is satisfied that the goods are required for use or consumption on that vessel or aircraft.

(4.) Any person who exports goods, or ships or delivers goods, in contravention of these Regulations shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for six months.

THE SCHEDULE.

GOODS THE EXPORTATION OF WHICH TO ITALY IS PROHIBITED.

1. Arms, ammunition and implements of war, including—

(a) (i) rifles and carbines and their barrels;

(ii) machine guns, automatic rifles and machine pistols of all calibres, and their barrels;

(iii) guns, howitzers and mortars of all calibres, and their mountings, barrels and recoil mechanisms;

(iv) ammunition for the arms enumerated under sub-paragraphs (i) and (ii) of this paragraph, filled and unfilled projectiles for the arms enumerated under sub-paragraph (iii) of this paragraph, and prepared propellant charges for those arms;

(v) grenades, bombs, torpedoes, and mines, filled or unfilled, and apparatus for their use or discharge; and

(vi) tanks, armoured vehicles and armoured trains, and armour plate of all kinds;

(b) vessels of war of all kinds, including aircraft carriers and submarines;

(c) (i) aircraft assembled or dismantled, both heavier and lighter than air, and their propellers or air screws, fuselages, aerial gun mounts and frames, hulls, tail units and undercarriage units; and

(ii) aircraft engines;

(d) revolvers and automatic pistols of weight in excess of 1 pound 6 ounces (630 grammes) and ammunition therefor;

(e) (i) flame throwers and all other projectors used for chemical or incendiary warfare;

(ii) mustard gas, lewisite, ethyldichlorarsine, methyldichlorarsine and all other products destined for chemical or incendiary warfare; and

(iii) powder for war purposes and explosives.

2. Horses, mules, donkeys, camels and all other transport animals.

3. Rubber.

4. (i) Bauxite aluminum and alumina (aluminum oxide), iron ore and scrap iron; chromium, manganese, nickel, titanium, tungsten, vanadium, their ores and ferro alloys, and also ferro molybdenum, ferro silicon, ferro silicon manganese and ferro silicon manganese aluminium; tin and tin ore; and

(ii) all crude forms of the minerals and metals mentioned in the last preceding sub-paragraph, and their ores, scrap and alloys.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Sanctions (Prohibited Exports) Regulations, 1935, were introduced under the Sanctions Act 1935 to establish specific controls over the exportation of certain goods to Italy. This legislation was enacted by the Governor-General in Council and came into effect on 18 November 1935. The primary objective of these regulations was to address the escalating tensions in Europe by preventing the supply of war materials and strategic resources to Italy. This was achieved through the prohibition of the exportation of specified goods unless prior written consent from the Minister for Trade and Customs was obtained. The policy objective was to restrict the flow of materials that could potentially be used for military purposes, thereby supporting international sanctions efforts during a period of global unrest.

Scope and Application

The Sanctions (Prohibited Exports) Regulations 1935, made under the Sanctions Act 1935, provide a regulatory framework for prohibiting the exportation of specific goods to Italy, or any other country for re-exportation to Italy, without the written consent of the Minister for Trade and Customs. These regulations apply to any person who seeks to export the listed goods, which include arms, ammunition, implements of war, transport animals, rubber, and various minerals and metals. The regulations specify that it is an offence to export or ship these goods to Italy, and violations carry a penalty of a fine of one hundred pounds or imprisonment for six months. The regulations also extend to the delivery of such goods as stores on vessels or aircraft proceeding to Italy, with certain exceptions for goods required for use or consumption on the vessel or aircraft. The scope of these regulations is national, applying across the Commonwealth of Australia, with enforcement overseen by the Minister for Trade and Customs and the Collector of Customs in the respective states. The Regulations do not specify any exclusions or exemptions, and the application of the regulations can be extended or modified through subordinate instruments as necessary.

Key Provisions

The main operative sections of the Sanctions (Prohibited Exports) Regulations include the prohibition of exporting certain goods to Italy or any other country for re-exportation to Italy without written consent from the Minister for Trade and Customs (section 3). The regulations also state that no such prohibited goods shall be shipped or delivered as stores on a vessel or aircraft proceeding to Italy, unless the Collector of Customs is satisfied that the goods are required for use or consumption on that vessel or aircraft (section 3). Furthermore, the regulations specify that the exportation of goods, or shipping or delivering them in contravention of these regulations, constitutes an offence (section 4). The Act imposes several obligations on parties or entities it governs. Exporters of goods listed in the Schedule must obtain written consent from the Minister for Trade and Customs before exporting those goods to Italy or any other country for re-exportation to Italy (section 3(1)). Exporters must also provide evidence to the Minister's satisfaction that the goods have not reached Italy if required (section 3(2)). Collectors of Customs must ensure that prohibited goods are not shipped or delivered as stores on vessels or aircraft proceeding to Italy unless they are required for use or consumption on that vessel or aircraft (section 3(3)). Additionally, any person who exports, ships, or delivers goods in contravention of these regulations must adhere to the outlined procedures and provide evidence of compliance if challenged. The Act outlines specific penalties and consequences for breaches of the regulations. Any person who exports, ships, or delivers goods in contravention of these regulations is guilty of an offence and faces a penalty of one hundred pounds or imprisonment for six months (section 4). This penalty is intended to deter non-compliance and ensure adherence to the regulations, thereby upholding the sanctions in place. The specified penalties underscore the seriousness of violating the regulations and the importance of compliance in enforcing the intended sanctions.

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