Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1992 NO. 413

STATUTORY RULES 1992 No. 413

Issued by the Authority of the Minister for Small Business, Construction and Customs

Customs Act 1901

Customs (Prohibited Imports) Regulations (Amendment)

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 from 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.

3)       Without limiting the generality of paragraph (2)(c), the Regulations - ... (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ..."

The Customs (Prohibited Imports) Regulations (the Pro-import 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 of State or a specified person.

The Regulations amend the Pro-import Regulations to ensure that the definition of "authorised officer" for the purposes of regulation 4R only includes an officer or employee of the Department of Health, Housing and Community Services appointed in writing by the Minister for Health, Housing and Community Services.

Regulation 4R of the Pro-import Regulations prohibits the importation into Australia of radioactive substances unless a permission in writing to import the substances has been granted by the Minister, the Minister of State for Health, Housing and Community Services or an authorised officer, and the permission is produced to a Collector.

Subregulation 4R(1) defines an authorised officer as being:

(a) an officer or employee of the Australian Nuclear Science and Technology Organisation appointed in writing by the Minister; or

(b) an officer or employee of the Department of Community Services and Health appointed in writing by the Minister of State for Community Services and Health.

The Government has decided that the definition of authorised officer should be amended to reflect the current practice, that is, that officers of the Australian Nuclear Science and Technology Organisation no longer be involved in the granting of such permissions. The Regulations give effect to the Government's decision as follows:

Regulation 1       provides that the Pro-import Regulations are amended by the Regulations.

Regulation 2       amends the definition of authorised officer for the purposes of regulation 4R to limit authorised officers to an officer or employee of the Department of Health, Housing and Community Services appointed in writing by the Minister of State for Health, Housing and Community Services.

The Regulations commence on Gazettal.