EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 183

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2009 (No. 2)

 

Section 270 of the Customs Act 1901 (the Customs Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Customs Act prescribing all matters necessary or convenient to be prescribed for giving effect to the Customs Act.

Section 50 of the Customs Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia. These powers 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 PI Regulations) control the importation of the goods specified in the various regulations and Schedules.

The purpose of the amending Regulations is to amend regulation 4Y of the PI Regulations to implement the extension of the sanctions against the Democratic People’s Republic of Korea (DPRK), in accordance with United Nations Security Council Resolution 1874, which was adopted on 12 June 2009 (Resolution 1874).

The original sanctions against the DPRK were imposed by the United Nations Security Council Resolution 1718, which was adopted on 14 October 2006 (the original Resolution). Amongst other things, the original Resolution required all Member States to prevent the procurement by their nationals of specified military equipment and spare parts for such goods, from the DPRK. The original Resolution was implemented in regulation 4Y of the PI Regulations, which previously applied to battle tanks, armoured combat vehicles, large calibre artillery systems, combat and military aircraft, attack helicopters, warships, and missiles and missile systems only.

As a result of the conduct of a nuclear test by the DPRK on 25 May 2009, the United Nations Security Council adopted Resolution 1874. Resolution 1874 extends the sanctions under the original Resolution to a wider class of military equipment. Member States are now required to prevent the procurement by their nationals of all arms and related matériel from the DPRK.

The amending Regulations give effect to the extension of the sanction by repealing the references to the specific military equipment in subregulation 4Y(2) of the Principal Regulations, and substituting a reference to "arms and related matériel". This means that the importation into Australia of all arms and related matériel from the DPRK is prohibited, unless the written permission of the Minister for Foreign Affairs (or an authorised person) is produced to a Collector (who is an officer of Customs), at or before the time of importation.

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

No consultation was undertaken specifically in relation to the amendments as they implement Australia’s international obligations under the Resolution 1874.

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

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