Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (Cth)

Customs Legislation Amendment (Objectionable Goods) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 20 August 2020

David Hurley

Governor‑General

By His Excellency’s Command

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

Parliamentary Secretary to the Minister for Home Affairs

Contents

1Name

This instrument is the Customs Legislation Amendment (Objectionable Goods) Regulations 2020.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	27 August 2020.	27 August 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Customs Act 1901.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs (Prohibited Exports) Regulations 1958

1

Paragraph 3(2A)(a)

After “counsel”, insert “, promote, encourage”.

2

Paragraph 3(2A)(c)

Before “risk”, insert “substantial”.

3

Subregulation 3(4)

Repeal the subregulation, substitute:

1. (4)

   The exportation of goods to which this regulation applies is prohibited unless:

   1. (a)

      a written permission to export the goods has been given by the responsible Minister or an authorised person; or

   2. (b)

      the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).

4

In the appropriate position in Part 5

Add:

20Transitional matters—amendments made by the Customs Legislation Amendment (Objectionable Goods) Regulations 2020

A permission:

1. (a)

   given under subregulation 3(4); and

2. (b)

   in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the amending regulations);

has effect, from that commencement, as if it were a permission given under paragraph 3(4)(a) as amended by the amending regulations.

Customs (Prohibited Imports) Regulations 1956

5

Paragraph 4A(1B)(a)

After “counsel”, insert “, promote, encourage”.

6

Paragraph 4A(1B)(c)

Before “risk”, insert “substantial”.

7

Subregulation 4A(2)

Repeal the subregulation, substitute:

1. (2)

   The importation of goods to which this regulation applies is prohibited unless:

   1. (a)

      a written permission to import the goods has been granted by the responsible Minister or an authorised person; or

   2. (b)

      the goods are being imported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).

8

After regulation 11

Insert:

12Transitional matters—amendments made by the Customs Legislation Amendment (Objectionable Goods) Regulations 2020

A permission:

1. (a)

   granted under subregulation 4A(2); and

2. (b)

   in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the amending regulations);

has effect, from that commencement, as if it were a permission granted under paragraph 4A(2)(a) as amended by the amending regulations.

Customs Regulation 2015

9

Section 4 (definition of child pornography)

Repeal the definition.

10

Section 131

Repeal the section, substitute:

131Restricted goods

For the purposes of the definition of restricted goods in subsection 233BABAE(3) of the Act, items of child abuse material are prescribed.

1. 11

   Clause 3 of Schedule 7 (table items 3 and 7, column headed “Goods”, paragraph (b))

Omit “child pornography or”.