EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 250

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2005 (No. 5)

 

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 or for the conduct of any other business relating to the Customs.

 

Section 50 of the Act provides in part that the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

 

The Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) control the importation of the goods specified in the various regulations and the Schedules to the Principal Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

 

Schedule 1 to the Principal Regulations specifies goods the importation of which is prohibited absolutely.

 

The purpose of the Regulations is to amend Item 26 of Schedule 1 to the Principal Regulations, which lists breeds of dog the importation of which is prohibited absolutely.

 

The National Consultative Committee on Animal Welfare (which is a non-statutory body established by the Minister for Primary Industries and Energy in 1989) has recommended that the Principal Regulations be amended to prohibit absolutely the importation of dogs of the breed Presa Canario.  The Presa Canario breed of dog (otherwise known as the Perro de Presa Canario breed) originated in Spain and was originally bred for organised fights.  Through breeding, it has become an extremely game, powerful and able fighting animal.

 

Hence, Presa Canario has been added to the list of dog breeds in Item 26 of Schedule 1 to the Principal Regulations.

 

No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

0513705A