Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 7) 1999 NO. 275

STATUTORY RULES 1999 No. 275

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 7)

Section 50 of the Customs Act 1901 ("the Act") provides in part that

"(1)       The Governor-General may, by regulation, prohibit the importation of goods into

       Australia.

(2)       The power conferred by the last preceding subsection may be exercised - (c) by

       prohibiting the importation of goods unless specified conditions or restrictions are

       complied with.

The Customs (Prohibited Imports) Regulations 1956 ("the Regulations") control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or an authorised person.

The purpose of the regulations is to amend regulations 3A, 4 and 4F to facilitate the importation of certain goods owned by a defence force or a police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor (items 2, 3, 5 and 7 of Schedule 1). There are minor consequential technical amendments (items 1, 4 and 6 of Schedule 1).

The regulations allow a defence force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to import certain goods; weapons, warfare items and flakjackets, otherwise prohibited or restricted under the Prohibited Imports Regulations (item 2 of Schedule 1).

The regulations also allow a police force of 4 country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to import certain goods; handguns, parts of handguns, ammunition and flakjackets, otherwise prohibited or restricted under the Prohibited Imports Regulations (items 3, 5 and 7 of Schedule 1).

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 7)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 7)

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956

Regulation 3 provides for the Regulation to be amended as set out in Schedule 1.

Schedule 1 - Amendment

Items 2, 3, 5 and 7 of Schedule 1 - amendment of regulation 3A, criteria for the purposes of provisions of regulation 4 and 4F relating to defence forces of certain overseas countries.

Item 2 of Schedule 1 provides for defence forces of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to import certain goods: weapons, items of warfare and flakjackets, otherwise prohibited or restricted under the Prohibited Imports Regulations.

Item 3 of Schedule 1 allows a police force from a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to import certain goods otherwise prohibited or restricted under the Prohibited Imports Regulations.

Item 5 of Schedule 1 provides that a police force from a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor is permitted to import flakjackets.

Item 7 of Schedule 1 provides that a police force from a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor is permitted to import handguns, handgun parts and ammunition.

Items 1, 4 and 7 of Schedule 1 - amendment of terminology

Item 1 of Schedule 1 amends sub-paragraph 3A(a)(xv) by omitting the words "(1999); and " to indicate that a new sub-paragraph is being added.

Item 4 of Schedule 1 amends subregulation 4(1) by omitting the words "subregulation (1AAA)," and inserting "subregulations (1AAA) and (1AAB), "

Item 6 of Schedule 1 amends subregulation 4F(1) by omitting the words "subregulation (2)," and inserting "subregulations (2) and (2A), "