Trade Agreement (South Africa) Act 1936

Legislation au C1936A00058 Not in force Act

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TRADE AGREEMENT (SOUTH AFRICA).

 

 

No. 58 of 1936.

An Act to ratify and approve an Agreement between His Majesty’s Governments in the Union of South Africa and the Commonwealth of Australia in relation to Duties of Customs.

[Assented to 23rd November, 1936.]

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 (South Africa) Act 1936.

Ratification of Agreement with South Africa.

2. The Agreement entered into between His Majesty’s Government in the Union of South Africa and His Majesty’s Government in the Commonwealth of Australia (as set out in the note from the Minister of State for External Affairs of the Union of South Africa to the Acting Prime Minister of the Commonwealth of Australia, and the note from the Prime Minister of the Commonwealth of Australia to the Minister of State for External Affairs of the Union of South Africa, copies of which are set forth in the Schedule to this Act) is hereby ratified and approved.

 

THE SCHEDULE.

 

EXCHANGE OF NOTES BETWEEN HIS MAJESTY’S GOVERNMENT IN THE UNION OF SOUTH AFRICA AND HIS MAJESTY’S GOVERNMENT IN THE COMMONWEALTH OF AUSTRALIA.

 

Note from the Minister of State for External Affairs of the Union of South Africa to the Acting Prime Minister of the Commonwealth of Australia.

 

Department of External Affairs. Pretoria,

31st August, 1935.

Sir,

I have the honour to inform you that His Majesty’s Government in the Union of South Africa hereby undertake that all goods the growth, produce or manufacture of


The Schedule—continued.

the Commonwealth of Australia shall, when imported from the Commonwealth of Australia into the territory of the Union of South Africa and the Mandated Territory of South West Africa be accorded, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth, produce or manufacture of the most favoured foreign nation, on His Majesty’s Government in the Commonwealth of Australia undertaking to accord to goods the growth, produce or manufacture of the Union of South Africa or the Mandated Territory of South West Africa, when imported into the Commonwealth of Australia from the Union of South Africa or the Mandated Territory of South West Africa, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth, produce or manufacture of the most favoured foreign nation ; provided that:—

the provisions of this Note shall not extend to favours actually granted or which may hereafter be granted by the Union of South Africa and the Mandated Territory of South West Africa to any State or Territory adjoining the Union of South Africa or the Mandated Territory of South West Africa.

2. The present Note, and your reply in similar terms, intimating the concurrence of His Majesty’s Government in the Commonwealth of Australia in the proposal made herein will be regarded as an agreement between our two Governments in this matter with effect from the 1st July, 1935, provided that this Agreement shall lapse if not ratified by the Parliament of the Union of South Africa, by Resolution of both Houses, during its next ensuing Session and by the Parliament of the Commonwealth of Australia, and provided further that, if ratified, it shall be terminable by six months’ notice on either side.

I have the honour to be,

Sir,

Your obedient Servant,

J. B. M. HERTZOG,

Minister of External Affairs of the

Union of South Africa.

The Honourable

the Acting Prime Minister

of the Commonwealth of Australia,

CANBERRA.

 

Note from the Prime Minister of the Commonwealth of Australia to the Minister of State for External Affairs of the Union of South Africa.

 

CANBERRA,

Federal Capital Territory,

Australia.

3rd September, 1935.

Dear Sir,

I take note of your communication dated the 31st August, 1935, on the subject of the treatment to be accorded to goods the growth produce or manufacture of the Commonwealth of Australia on importation into the territory of the Union of South Africa and the Mandated Territory of South West Africa.

I have the honour to inform you that in consideration of the undertaking given by His Majesty’s Government in the Union of South Africa, that except as provided in your communication of 31st August, 1935, all goods the growth produce or manufacture of the Commonwealth of Australia shall on importation there from into the territory of the Union of South Africa and the Mandated Territory of South West Africa, be accorded, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth produce or manufacture of the most-favoured-foreign nation, His Majesty’s Government in the Commonwealth of Australia hereby undertake that all goods the growth produce or manufacture of the Union of South Africa and the Mandated Territory of South West Africa shall on importation into the Commonwealth of Australia be accorded in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth produce or manufacture of the most-favoured-foreign nation.


The Schedule—continued.

This Note in conjunction with your communication of 31st August, 1935, will be regarded as an agreement between our two Governments in this matter with effort from 1st July 1935,

Provided that this agreement shall lapse if not ratified by the Parliament of the Union of South Africa by resolution of both Houses, during the next ensuing session, and by the Parliament of the Commonwealth of Australia, and

Provided further that, if ratified, it shall be terminable by six months’ notice on either side.

Yours faithfully,

J A LYONS

Prime Minister.

The Minister of External Affairs,

Union of South Africa,

PRETORIA,

South Africa.

 

Overview

The Trade Agreement (South Africa) Act 1936 was enacted to ratify and approve an agreement between the Commonwealth of Australia and the Union of South Africa regarding the imposition of customs duties on imported goods. This Act was passed by the Commonwealth Parliament, aiming to formalise and legitimise the trade agreement between the two nations. The primary policy objective behind this legislation was to ensure that Australian goods exported to South Africa would receive no less favourable treatment in terms of customs duties than those from the most favoured foreign nation, while simultaneously providing reciprocal treatment to South African goods entering Australia. This mutual agreement aimed to foster stronger economic ties and facilitate fairer trade practices between the two countries.

Scope and Application

The Trade Agreement (South Africa) Act 1936 is an Australian Commonwealth Act that ratifies and approves an Agreement between the Governments of the Union of South Africa and the Commonwealth of Australia concerning the duties of customs. This Act applies to the Commonwealth of Australia and the Union of South Africa, focusing on the treatment of goods that are the growth, produce, or manufacture of either nation when imported into the other's territory. The Act is intended to ensure that Australian goods imported into South Africa and vice versa are not subject to less favourable customs duties than those imposed on the most favoured foreign nation, except where specific exceptions are provided for in the agreement. The geographic scope of this Act is limited to the Commonwealth of Australia and the Union of South Africa, including the Mandated Territory of South West Africa. The Act does not extend to favours granted by South Africa or South West Africa to states or territories adjoining them. The application of this Act may be further defined or extended through subordinate legislation or regulations, which could provide additional details or specific implementations of the customs duties provisions outlined in the agreement.

Key Provisions

The Trade Agreement (South Africa) Act 1936 (sections 1 and 2) provides the legislative framework to ratify and approve an agreement between the governments of the Commonwealth of Australia and the Union of South Africa. Specifically, section 2 details the agreement, which mandates that Australian goods imported into South Africa and South West Africa will receive customs duty treatment no less favourable than that given to the most favoured foreign nation. Conversely, the agreement also requires that South African and South West African goods imported into Australia receive similarly preferential treatment. The Schedule to the Act contains the actual exchange of notes between the two governments, confirming the terms of the agreement and setting its effective date as 1 July 1935. However, the agreement is contingent on ratification by both parliaments and can be terminated by six months' notice from either party. The Act imposes clear obligations on both Australian and South African governments regarding the treatment of imported goods from the other country. For the Australian government, the obligation is to ensure that South African and South West African goods receive favourable customs duty treatment. Conversely, the South African government must extend the same preferential treatment to Australian goods. Both parties must implement these obligations within their respective jurisdictions to comply with the ratified agreement. Violations of the agreement or the Act itself are not explicitly detailed in the provided text, and thus, specific penalties or consequences for breaches are not outlined. However, as a matter of general legal principle, non-compliance with an international trade agreement could potentially lead to trade disputes, economic sanctions, or other diplomatic repercussions between the two nations. The absence of explicit penalties in this Act might imply that breaches are addressed through diplomatic channels or international trade dispute mechanisms rather than through domestic criminal or civil penalties.

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International Trade Law
Instrument
Act
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Commencement Provisions
Licensing & Registration
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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.