Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 8) 1999 NO. 332

STATUTORY RULES 1999 No. 332

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 8)

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 prohibit the importation of goods the subject of a permanent ban under section 65C(7) of the Trade Practices Act 1974 ( items 1 and 3 of Schedule 1). The introduction of such import controls in Australia is necessary to maintain product safety controls under the Trans-Tasman Mutual Recognition Act 1997 ("the TTMR"). The TTMR implements the Trans Tasman Mutual Recognition Arrangement ('the arrangement') signed by the Prime Ministers of Australia and New Zealand in 1996. The arrangement is designed to remove unnecessary regulatory barriers to trade and mobility between Australia and New Zealand. Prohibited Import laws are exempt from the operation of the TTMR.

The regulations prohibit the importation of goods that are listed in Schedule 12 (item 3 of Schedule 1) unless a permission in writing to import has been given by the Minister and is produced to the Collector. The permit to import may specify conditions and if not complied with, the permission may be revoked. In the regulations the Minister means the Minister administering Part V of the Trade Practices Act 1974.

The regulations insert a new Schedule, schedule 12 (item 3 of Schedule 1) which lists the goods the importation of which is prohibited without permission under regulation 4U.

The regulations repeal the present Item 23 Schedule 1 which absolutely prohibits the importation of matches and vestas (item 2 of Schedule 1). This prohibition is no longer necessary as the goods do not pose a threat to the community.

The regulations further amend the conditions under which goods containing certain chemical compounds may be imported and introduce additional chemicals and conditions in Regulation 5J (items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Schedule 2). The amendments in relation to the importation commence on different dates. The amendments in Schedule 2 commence on 1 January 2000 and the amendments in Schedule 3 commence on 29 April 2000.

The regulations amend the definition of prescribed goods by inserting additional chemicals to Schedule 11 at parts 3 and 4 (item 9 of Schedule 2). The importation into Australia of the prescribed goods as added in Parts 3 and 4 of Schedule 11 is prohibited unless the Minister for Foreign Affairs or an authorised person has given permission and that permission has been produced to a Collector (item 4 of Schedule 2).

There are exceptions to the prohibition on the import of specific chemicals and chemical compounds of a stated weight (item 4 of Schedule 2). The permission to import chemicals in Parts 3 and 4 of Schedule 11 may be given for more than one shipment, remains in force for 1 year and is renewable for up to a further 3 periods of 1 year (item 4 of Schedule 2).

The application to import goods mentioned in Parts 3 and 4 of Schedule 11 must be received at least 7 days before the first day when it is to import the goods (item 5 of Schedule 2). For chemicals in Part 2 of Schedule 11 the application for permission must be received at least 37 days before the first day when it is to import the goods (item 5 of Schedule 1). All applications for permission must be sent to the Australian Safeguards and Nonproliferation Office.

There are amendments to correct terminology to indicate a continuing paragraph or a technical correction.

The regulations are explained in greater detail in the Attachment.

The regulations 1, 2, 3 and Schedule 1 commence on gazettal.

The regulations at Schedule 2 commence on 1 January 2000.

The regulations at Schedule 3 commence on 29 April 2000.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 8)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 8)

Regulation 2 - Commencement

Regulation 2 provides for regulations 1, 2, 3 and Schedule 1 to commence on gazettal.

The regulations at Schedule 2 to commence on 1 January 2000.

The regulations at Schedule 3 to commence on 29 April 2000.

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

Schedule 1 - Amendments commencing on gazettal

Item 1 of Schedule 1 - addition of regulation 4U, importation of goods the subject of a permanent ban under the Trade Practices Act 19 74.

Item 1 of Schedule 1 introduces a ban on the importation into Australia of goods that are the subject of a permanent ban under subregulation 65C(7) of the Trade Practices Act 1974. The goods which are the subject of this ban are listed in new Schedule 12 (Item 3 of Schedule 1).

The introduction of such import controls in Australia is necessary to maintain product safety controls under the Trans-Tasman Mutual Recognition Act 1997 ("the TTMR"). The TTMR implements the Trans Tasman Mutual Recognition Arrangement ('the arrangement') signed by the Prime Ministers of Australia and New Zealand in 1996. The arrangement is designed to remove unnecessary regulatory barriers to trade and mobility between Australia and New Zealand. Prohibited Import laws are exempt from the operation of the TTMR.

The regulations prohibit the importation of goods that are subject to a permanent ban unless a permission in writing to import has been given by the Minister and is produced to the Collector (Item 1 of Schedule). The permit to import may specify conditions and if not complied with the permission may be revoked.

In the regulations the Minister means the Minister administering Part V of the Trade Practices Act 1974 (Item 1 of Schedule 1).

Item 2 of Schedule 1 - goods the importation of which is prohibited absolutely.

The regulation amendment repeals Item 23 of Schedule 1 (Item 2 of Schedule 1) by removing the item from the PI regulations. It is understood that no seizures of these goods have occurred for approximately 20 years and there are none available to be imported into Australia. The threat posed to the community no longer exists.

Items 1, 2, 3, 4, 5, 6, 7, 8 and 10 of Schedule 2 - Importation of good containing certain chemical compounds - amendments commencing on 1 January 2000.

The regulations amend the conditions under which goods containing certain chemical compounds may be imported and introduce additional chemicals and conditions in Regulation M (Items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Schedule 2).

The regulations amend the definition of prescribed goods by inserting additional chemicals to Schedule 11 at parts 3 and 4 (Item 9 of Schedule 2). The importation into Australia of the prescribed goods as added in Parts 3 and 4 of Schedule 11 is prohibited unless the Minister for Foreign Affairs or an authorised person has given permission and that permission has been produced to a Collector (Item 4 of Schedule 2).

There are exceptions to the prohibition on the import of specific chemicals and chemical compounds of a stated weight (Item 4 of Schedule 2).

The permission to import drugs in Parts 3 and 4 of Schedule 11 may be given for more than one shipment, remains in force for 1 year and is renewable for up to a further 3 periods of 1 year (Item 4 of Schedule 2).

The application to import goods mentioned in Parts 3 and 4 of Schedule 11 must be received at least 7 days before the first day when it is proposed to import the goods (Item 5 of Schedule 2).

For chemicals in Part 2 of Schedule 11 the application for permission must be received at least 37 days before the first day when it is proposed to import the goods (Item 5 of Schedule 1). All applications for permission must be sent to the Australian Safeguards and Nonproliferation Office.

The conditions for the importation of prescribed goods as listed in the proposed Part 3 of Schedule 11 commence on 29 April 2000 (Items 1, 2, 3 and 4 of Schedule 3).

Items 1 and 6 of Schedule 1 - amendment of terminology.

Items 1, 6 and 7 of Schedule 1 amends sub-paragraph 5J(1)(a) and (b) and Schedule 11 to indicate that additional sub - paragraphs are being added and to correct terminology.

Items 2 and 3 of Schedule 1 amends the definitions by inserting a wider definition of prescribed goods.

Item 8 of Schedule 1 amends the heading Part 2 of Schedule 11 to mention to Chemical Weapons Convention.

Items 1, 2, 3, 4 and 5 of Schedule 3 - amendments commencing on 29 April 2000.

The Items 1, 2, 3, 4 and 5 of Schedule 3 amend the sub regulation to indicate that the additional sub paragraph are being added and to correct terminology.