Trade Agreement (Brazil) Act 1939

Legislation au C1939A00083 Not in force Act

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TRADE AGREEMENT (BRAZIL).

 

No. 83 of 1939.

An Act to approve an Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Brazil.

[Assented to 15th December, 1939.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Trade Agreement (Brazil) Act 1939.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Approval of Agreement.

3. The Agreement entered into between His Majesty’s Government in the Commonwealth of Australia and the Government of the Republic of Brazil (as set. out in the Note from the High Commissioner for the Commonwealth of Australia in the United Kingdom to the Ambassador for the Republic of Brazil, a copy of which Note is set forth in the Schedule to this Act, and in the Note from the Ambassador for the Republic of Brazil to the High Commissioner for the Commonwealth of Australia in the United Kingdom, a copy and a translation of which Note are set forth in that Schedule) is hereby approved


THE SCHEDULE.

 

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF BRAZIL.

No. 1.

Mr. S. M. Bruce to Senhor R. Regis de Oliveira.

Commonwealth of Australia.

Australia House,

London, W.C. 2,

19th July, 1939.

My Dear Ambassador,

I have the honour to inform you that the Government of the Commonwealth of Australia, desiring to provide for the maintenance, on a basis of reciprocity, of commercial relations between the Republic of Brazil and the Commonwealth of Australia, is prepared to enter into an agreement with the Government of the Republic of Brazil in the following terms:—

(1) Articles the produce or manufacture of Brazil on importation into Australia shall receive treatment not less favourable than that accorded to like articles the produce or manufacture of any other foreign country.

(2) Articles the produce or manufacture of Australia, on importation into Brazil shall receive treatment not less favourable than that accorded to like articles the produce or manufacture of any other foreign country.

(3) It shall be understood that the foregoing provisions shall not entitle:

(i) The Brazilian Government to claim the benefit of any treatment, preference or privilege which may at any time be granted in the Commonwealth of Australia exclusively to territories under the sovereignty of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India or under His Majesty’s suserainty, protection or mandate.

(ii) The Government of the Commonwealth of Australia to claim the benefits of any advantages that are or may be accorded by Brazil to adjacent countries in order to facilitate frontier traffic, or to advantages granted in virtue of a customs union which has already been, or may hereafter be, concluded.

I shall be obliged if you will be good enough to inform me whether the Government of the Republic of Brazil would agree to the above proposals. In that case I would suggest that the present note and your note in reply be regarded as constituting an agreement between the two Governments having effect from a date to be fixed by mutual agreement and terminable upon three calendar months notice by either Government.

I have the honour to renew to your Excellency my assurance of my highest consideration.

S. M. BRUCE.

His Excellency Senhor Raul Regis

de Oliveira, G.C.V.O., G.B.E.

 

No. 2.

Senhor R. Regis de Oliveira to Mr. S. M. Bruce.

Embaixada Dos Estados Unidos Do Brasil.

Londres, em 19 de Julho de 1939.

No. 16.

Senhor Alto Comissário,

Com referência à sua Nota desta data, em que Vossa Excelência me dá a conhecer o desejo do Govêrno da Austrália de concluir com o do Brasil um acôrdo que regule as relações comerciais entre os nossos dois paises, tenho a honra de lhe informar que o meu Govêrno está disposto a celebrar um acôrdo com o da Austrália nos seguintes termos:

1) Os artigos produzidos ou manufaturados no Brasil, importados na Austrália, receberão tratamento não menos favorável do que o que fôr concedido aos artigos produzidos ou manufaturados de qualquer outro pais estrangeiro:

2) Os artigos produzidos ou manufaturados na Austrália, importados no Brasil, receberão tratamento não menos favorável do que o que fôr concedido aos artigos produzidos ou manufaturados de qualquer outro pais estrangeiro;


The Schedule—continued.

3) Fica convencionado que as disposições acima não facultam:

a) ao Govêrno brasileiro pretender o benefício de qualquer tratamento preferencial ou privilegio que em todo o tempo seja concedido pela Austrália exclusivamente aos territórios sob a soberania de Sua Majestade o Rei da Grã-Bretanha, Irlanda e os Domínios Britânicos de Além Mar, Imperador da India, ou sob a suserania, proteção ou mandato de Sua Majestade;

b) ao Govêrno da Australia pretender as vantagens concedidas ou que venham a ser concedidas pelo Brasil aos paises visinhos com o objecto de facilitar o tráfico de fronteiras, ou as vantagens consequentes de alguma união aduaneira que venha a ser concluida.

De acôrdo com a sugestão contida no último páragrafo da Nota de Vossa Excelência, a presente troca de Notas será tida como constituindo um acôrdo entre os dois Govêrnos, a entrar em vigor a partir de data a ser fixada mutuamente, podendo ser terminado após notificação prévia de três meses por qualquer das partes contratantes.

Tenho a honra de reiterar a Vossa Excelência os protestos da minha mais alta consideração.

R. REGIS de OLIVEIRA.

A Sua Excelência

The Right Honourable S. M. Bruce, C.H., M.C.,

Alto Comissário de Sua Majestade Britânica para a Australia, Londres.

 

(Translation.)

Embassy of the United States of Brazil.

London, 19th July 1939.

Sir,

With reference to your Excellency’s Note of to-day’s date relating to the desire of the Government of Australia to conclude with the Brazilian Government an agreement regulating commercial relations between our two countries, I have the honour to inform you that my Government is prepared to conclude an agreement with the Australian Government in the following terms:—

(1) Articles produced or manufactured in Brazil, imported into Australia, will receive treatment not less favourable than that accorded to articles produced or manufactured in any other foreign country;

(2) Articles produced or manufactured in Australia, imported into Brazil, will receive treatment not less favourable than that accorded to articles produced or manufactured in any other foreign country;

(3) It is agreed that the above provisions do not entitle:

(a) the Brazilian Government to claim the benefit of any preferential treatment or privilege which may at any time be granted by Australia exclusively to territories under the sovereignty of His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, or under His Majesty’s suzerainty, protection or mandate;

(b) the Australian Government to claim the advantages accorded or that may be accorded by Brazil to adjacent countries in order to facilitate frontier traffic, or the advantages resulting from any customs union that may be concluded.

In accordance with the suggestion contained in the last paragraph of your Excellency’s Note, the present exchange of Notes shall be held to constitute an agreement between the two Governments having effect as from a date to be fixed by mutual agreement and terminable on three months’ prior notice by either of the contracting parties.

I have the honour to renew to Your Excellency the assurance of my highest consideration.

R. REGIS de OLIVEIRA.

His Excellency

the Right Honourable S. M. Bruce, C.H., M.C.,

His Brittanic Majesty’s High Commissioner for the

Commonwealth of Australia,

London.

Overview

The Trade Agreement (Brazil) Act 1939 was enacted to approve an Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Brazil, facilitating reciprocal trade relations between the two nations. The Act was passed by the Parliament of Australia and received Royal Assent on 15th December 1939. The primary purpose of the Act was to establish a framework for fair and reciprocal trade practices, ensuring that goods produced or manufactured in either country would receive equivalent treatment when imported into the other, thereby fostering economic cooperation and stability between Australia and Brazil. The policy objective was to enhance bilateral trade relations through mutual understanding and equitable terms, promoting mutual economic interests without granting preferential treatment to other territories or countries.

Scope and Application

The Trade Agreement (Brazil) Act 1939 is an Act of the Commonwealth of Australia that aims to formalise and approve a trade agreement between Australia and Brazil. This legislation applies to the entities and industries involved in trade between the two countries, ensuring that goods produced or manufactured in either country receive non-discriminatory treatment in the importing country. The Act is applicable on a national level within Australia, as it is a Commonwealth Act. It does not specify particular exclusions or thresholds but rather sets the terms for the reciprocal treatment of goods. The Act allows for its provisions to be extended or restricted through subordinate instruments, as deemed necessary by the governments of the respective countries. The Act is designed to facilitate and regulate the commercial relations between Australia and Brazil by ensuring fair trade practices and mutual benefits in the exchange of goods.

Key Provisions

The Trade Agreement (Brazil) Act 1939 (sections 1 to 3) is a legislative act that approves a trade agreement between the Australian and Brazilian governments. The act allows for the approval of the terms set forth in the exchange of notes between the Australian and Brazilian governments, which are detailed in the Schedule attached to the act. The act itself is relatively brief, consisting mainly of the title, the commencement clause, and the approval clause, with the detailed terms of the agreement provided in the Schedule. Under this act, the Australian government is required to ensure that products originating from Brazil receive treatment that is not less favourable than that given to similar products from any other foreign country when imported into Australia (Schedule, point 1). Conversely, Brazilian authorities must ensure that Australian-made products receive equal treatment to those from other countries when imported into Brazil (Schedule, point 2). It is important to note that neither party is entitled to preferential treatment that may be granted to territories under British sovereignty or to advantages Brazil may offer to neighbouring countries for facilitating frontier traffic or customs unions (Schedule, point 3). The obligations imposed by this act are primarily on the Australian and Brazilian governments to implement the terms of the trade agreement as set out in the Schedule. This includes ensuring that the specified products receive equal treatment in terms of tariffs, import restrictions, and other trade barriers. Both governments must also refrain from providing preferential treatment that could undermine the agreement’s intent to promote equal trade conditions. There are no explicit offences or penalties mentioned in the Trade Agreement (Brazil) Act 1939. However, breaches of the agreement’s terms could potentially lead to trade disputes, which may be resolved through diplomatic channels or international trade forums. The act itself does not prescribe specific penalties but relies on the broader legal and diplomatic mechanisms to address any violations or non-compliance with the agreement terms.

Legal classification tags

Area of Law
International Trade Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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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.