Trade Agreement (Newfoundland) Act 1939

Legislation au C1939A00049 Not in force Act

Legislation content

TRADE AGREEMENT (NEWFOUNDLAND).

 

No. 49 of 1939.

An Act to approve an Agreement between the Government of the Commonwealth of Australia and the Government of Newfoundland in relation to Duties of Customs.

[Assented to 11th 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 (Newfoundland) 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 Newfoundland (as set out in the Note from the High Commissioner for the United Kingdom in the Commonwealth of Australia to the Prime Minister of the Commonwealth of Australia, and the Note from the Prime Minister of the Commonwealth of Australia to the High Commissioner for the United Kingdom in the Commonwealth of Australia, copies of which are set forth in the Schedule to this Act) is hereby approved.

 

THE SCHEDULE.

 

EXCHANGE OF NOTES IN RELATION TO THE AGREEMENT ENTERED INTO BETWEEN THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA AND THE GOVERNMENT OF NEWFOUNDLAND.

 

No. 1.

High Commissioner for the United Kingdom in the Commonwealth of Australia to the Prime Minister of the Commonwealth of Australia.

 

Office of the High Commissioner for

the United Kingdom,

Canberra,

3rd November, 1939.

Sir,

Acting on behalf of the Government of Newfoundland, I have the honour to inform you that the Government of Newfoundland have intimated that they are prepared to enter into an Agreement with His Majesty’s Government in the Commonwealth of Australia in the following terms:—

(1) The undermentioned goods, the produce or manufacture of Australia, on importation into Newfoundland, shall be accorded exclusive tariff preferences to the extent indicated—

Butter......................

1 cent per lb.

Canned Fruits.................

10 per cent. ad valorem.


The Schedule—continued.

(2) News-printing paper, not glazed mill-glazed or coated, viz.:—

(a) In rolls not less than 10 inches in width, and

(b) In sheets not less than 20 inches by 25 inches or its equivalent, the produce or manufacture of Newfoundland, on importation into Australia, shall be accorded the benefits of the British Preferential Tariff in force at the time of entry of such goods for home consumption.

I shall be obliged if you will inform me whether His Majesty’s Government in the Commonwealth of Australia would agree to the abovementioned proposals. If so, I 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 arrangement and terminable upon six calendar months’ notice by either Government.

I have the honour to be,

Sir,

Your obedient servant,

Geoffrey Whiskard.

For and on behalf of the Government

of Newfoundland.

The Right Hon. R. G. Menzies, K.C., M.P.,

Prime Minister of the Commonwealth of Australia,

Canberra, A.C.T.

No. 2.

The Prime Minister of the Commonwealth of Australia to the High Commissioner for the United Kingdom in the Commonwealth of Australia.

 

Commonwealth of Australia,

Prime Minister,

Melbourne, Vic.

7th November, 1939.

Sir,

I desire to acknowledge the receipt of your Note of 3rd November, 1939, and to inform you that His Majesty’s Government in the Commonwealth of Australia is willing to enter into an Agreement with the Government of Newfoundland in the terms set forth therein, viz.:—

(1) The undermentioned goods, the produce or manufacture of Australia, on importation into Newfoundland, shall be accorded exclusive tariff preferences to the extent indicated—

Butter...............

1 cent per lb.

Canned Fruits..........

10 per cent. ad valorem.

(2) News-printing paper, not glazed mill-glazed or coated, viz.:—

(a) In rolls not less than 10 inches in width, and

(b) In sheets not less than 20 inches by 25 inches or its equivalent, the produce or manufacture of Newfoundland, on importation into Australia, shall be accorded the benefits of the British Preferential Tariff in force at the time of entry of such goods for home consumption.

In accordance with the suggestion contained in the last paragraph of your Note under reply, the present exchange of Notes will be regarded as constituting an Agreement between the two Governments having effect from a date to be fixed by mutual arrangement and terminable upon six calendar months’ notice by either Government.

I remain,

Yours faithfully,

Robert G. Menzies.

Prime Minister.

Sir Geoffrey Whiskard, K.C.M.G., C.B.,

High Commissioner for the United Kingdom

in the Commonwealth of Australia,

Canberra, A.C.T.

Overview

The Trade Agreement (Newfoundland) Act 1939 was enacted by the Australian Parliament to approve an Agreement between the Government of the Commonwealth of Australia and the Government of Newfoundland concerning customs duties. This Act was introduced to formalise a trade agreement that would provide tariff preferences for specific goods traded between Australia and Newfoundland. The primary objective of this Act, as indicated in the text, was to facilitate trade by offering exclusive tariff preferences for certain Australian products entering Newfoundland and for certain Newfoundland products entering Australia, thereby encouraging economic exchange between the two territories. The Act was assented to on 11th December 1939, and its provisions came into operation on a date fixed by proclamation.

Scope and Application

The Trade Agreement (Newfoundland) Act 1939 is a Commonwealth Act that serves to approve an Agreement between the Government of the Commonwealth of Australia and the Government of Newfoundland concerning customs duties. This Act applies to the specific goods mentioned in the agreement, namely butter and canned fruits produced or manufactured in Australia, and news-printing paper produced or manufactured in Newfoundland. The Act outlines preferential tariff rates for these goods when imported into the respective territories of the parties to the Agreement. The Act's jurisdiction is federal, applying across the Commonwealth of Australia, and its territorial scope is limited to the exchange of these particular goods between Australia and Newfoundland. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is understood that the agreement pertains only to the specified goods and the preferential tariffs outlined. The Act may be subject to modifications or extensions through subordinate instruments, though none are specified within the text of this particular Act.

Key Provisions

The Trade Agreement (Newfoundland) Act 1939 (C1939A00049) outlines the approval of an agreement between the Australian Commonwealth Government and the Government of Newfoundland. The main sections of the Act (sections 1-3) provide the short title (section 1), the commencement date to be fixed by Proclamation (section 2), and the approval of the agreement itself (section 3). This Act essentially serves as a formal endorsement of the trade agreement detailed in the exchange of notes between the two governments. Under the obligations imposed by the Act (section 3), the Australian Government agrees to provide tariff preferences for specific Australian goods imported into Newfoundland, such as butter and canned fruits, while the Newfoundland Government agrees to offer preferential treatment to certain types of news-printing paper imported into Australia. These obligations are clearly set out in the exchange of notes which are included in the Schedule of the Act. As for the consequences of breaching the provisions of this Act, it is important to note that the Act does not explicitly state any offences, penalties, or specific consequences for breach. However, any failure to comply with the terms of the approved agreement could potentially lead to diplomatic or trade-related repercussions between the two governments. It is also worth noting that breaches of international trade agreements can sometimes have broader legal and economic consequences, depending on the nature and extent of the breach.

Legal classification tags

Area of Law
International Trade Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Prohibited Conduct

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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.