EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 356

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs Amendment Regulations 2009 (No. 10)

 

Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act.

The importation of most goods in the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) is prohibited unless a licence or permission to import the goods is obtained. The licence or permission must be obtained prior to the importation of the goods. If it is not obtained prior to importation, the goods will be prohibited imports in accordance with section 51 of the Act. Prohibited imports can be seized without a warrant when they are in a Customs place. Offences in the Act also apply to the importation of prohibited imports.

However, in the circumstances specified in Subdivision GC of Division 1 of Part XII of the Act, the owner of certain prohibited imports may apply for permission to import the goods after they have arrived in Australia. The relevant goods remain in the custody of the Customs and Border Protection Service at all times until the required permission is granted or given. If permission is not given within the specified period, the goods are taken to be seized and normal post-seizure processes under the Act apply.

The provisions allowing importers to request permission to import goods after their goods have arrived only apply to goods that are prohibited imports of a kind prescribed by the regulations for the purpose of Subdivision GC of Division 1 of Part XII. Regulation 170AA of the Customs Regulation 1926 (the Customs Regulations) prescribes the prohibited imports to which Subdivision GC applies.

The amending Regulations amend regulation 170AA of the Customs Regulations to prescribe goods to which new regulation 4G of the PI Regulations apply. New regulation 4G prohibits, without permission, the importation of tablet presses.

Relevant stakeholders including industry and industry associations and the public were consulted as part of the development of a new import control for tablet presses. Public consultation regarding the new control commenced on 28 September 2009 and closed on 23 October 2009.

The amending Regulations commence on 1 March 2010 which is the same time that new regulation 4G commences.

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