High Court of Australia
86 C.L.R.] OF AUSTRALIA.
The questions now left for determination are :—(1) Whether the regulation was valid; and, if not, (2) whether it was validated by s. 7 of the Customs Act 1951; and, if so, (3) whether such validation is to be disregarded for the purpose of these proceedings.
As to (1): s. 112 of the Customs Act 1901-1936 provided, so far as material, that
""(1) The Governor-General may, by regulation, prohibit the exportation of any goods. . .
(b) the exportation of which would, in his opinion, be harmful to the Commonwealth . . .
(2). The. power contained in subsection (1) . . . shall extend to authorize the prohibition of the exportation of goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction ".
By the Customs (Prohibited Exports) Regulations the exportation of goods specified in six schedules is prohibited except that in the Third Schedule there is a list of classes of goods the exportation of which is prohibited unless the conditions and restrictions specified in that schedule opposite the names or descriptions of such goods are complied with.
In S.R. 1946 No. 138 the Govenor-General, after reciting the provisions of s. 112 of the Customs Acts 1901-1936, states, omitting immaterial parts :—
"and whereas I am of opinion that the exportation of goods specified in this Regulation, except with the consent of the Minister of State for Trade and Customs, would be harmful to the Common- wealth ;
Now therefore I. . . make the following regulation . . .
Amendment of the Customs (Prohibited Exports) Regulations.
The Third Schedule . . . is amended (b) by adding, at the end thereof the following items :—
65. Metals, non-ferrous, scrap The intending exporter shall
produce to the Collector of Customs a covering approval issued by the Department of Supply and Shipping ".
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