Customs (Prohibited Imports) Amendment Regulations 2000 (No. 4) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 4)

Statutory Rules 2000 No. 213

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theCustoms Act 1901.

Dated 10 August 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

amanda vanstone

Minister for Justice and Customs

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 4)1

Statutory Rules 2000 No. 2132

made under the

Customs Act 1901

   

Contents

Page

• •
• •

 

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1Name of Regulations

 These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2000 (No. 4).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Customs (Prohibited Imports) Regulations 1956

Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1Amendments

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(regulation 3)

[1]After regulation 3B

insert

3CCriteria for the purposes of provisions of regulations 4 and 4F relating to sky marshals

• (1)

  The criteria for goods mentioned in subregulations 4 (1AAC) and (3) and 4F (2B) are that:

  • (a)

    the goods are imported into Australia on an aircraft by a sky marshal while carrying out his or her duties; and

  • (b)

    there is an agreement in force between the Government of the foreign country represented by the sky marshal and the Government of Australia providing for the importation of the goods into Australia on aircraft by sky marshals; and

  • (c)

    immediately after the goods are imported, the sky marshal surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and

  • (d)

    within 3 months after the goods were imported into Australia, they are exported from Australia by a sky marshal representing the foreign country.

• (2)

  In this regulation:

airline means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.

authorised officer means an officer authorised in writing by the CEO to be an authorised officer for this regulation.

sky marshal means a person who is employed or engaged to travel on an aircraft to provide security for 1 or more passengers or crew on the aircraft by:

• (a)

  the Government of a foreign country; or

• (b)

  an agency of the Government of a foreign country; or

• (c)

  an airline.

• (3)

  In this regulation, a sky marshal represents a foreign country if:

  • (a)

    the sky marshal is employed or engaged by the Government of the country, or an agency of the Government of the country, to carry out the duties of a sky marshal; or

  • (b)

    for a sky marshal employed or engaged by an airline to carry out the duties of a sky marshal on an aircraft — the aircraft is registered under the law of the country.

[2]Subregulation 4 (1)

omit

(1AAA) and (1AAB)

insert

(1AAA), (1AAB) and (1AAC)

[3]After subregulation 4 (1AAB)

insert

• (1AAC)

  Also, subregulation (1) does not apply to goods that:

  • (a)

    are specified in item 8, 9, 12, 13, 14, 18D, 19, 19A, 21, 23 or 29A of Schedule 2; and

  • (b)

    meet the criteria mentioned in subregulation 3C (1).

[4]After subregulation 4 (2)

insert

• (3)

  However, subregulation (2) does not apply to goods that:

  • (a)

    are specified in item 1 of Schedule 3; and

  • (b)

    meet the criteria mentioned in subregulation 3C (1).

[5]Subregulation 4F (1)

omit

(2) and (2A)

insert

(2), (2A) and (2B)

[6]After subregulation 4F (2A)

insert

• (2B)

  Also, subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica that meets the criteria mentioned in subregulation 3C (1).

Notes

1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75 and 143.

2. Made by the Governor-General on 10 August 2000, and notified in the Commonwealth of Australia Gazette on 11 August 2000.