EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 110

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2007 (No. 2)

 

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 for giving effect to the Act.

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 purpose of the Regulations is to amend regulation 4Z of the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to extend the United Nations Security Council sanctions against Iran. Regulation 4Z currently implements United Nations Security Council Resolution 1737 (2006), which relates to Iran’s nuclear weapons program and which was adopted on 23 December 2006.

The Regulations implement further sanctions against Iran imposed by United Nations Security Council Resolution 1747 (2007), which was adopted on 24 March 2007. That Resolution provides, in part, that all Member States should prevent the procurement of arms or related matériel from Iran by their nationals, or using their flag vessels or aircraft, whether or not the goods originate in the territory of Iran.

The Regulations insert a new paragraph 4Z(2)(c) to prohibit the importation from Iran of arms or related matériel unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

The Regulations also insert new definitions into subregulation 4Z(1) of ‘arms or related matériel’ and ‘paramilitary equipment’.

No consultation was undertaken specifically in relation to either of the amendments as they implement Australia’s international obligations under the Resolution 1747 (2007).

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

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