Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5)

Statutory Rules 2000 No. 214

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. 5)1

Statutory Rules 2000 No. 2142

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. 5).

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 subregulation 4B (2)

insert

• (2A)

  Despite subregulation (2), this regulation does not apply to fish to which regulation 4BA applies.

[2]After regulation 4B

insert

4BAImportation of goods specified in Schedule 3A (toothfish)

• (1)

  This regulation applies to fish of a species specified in Schedule 3A (except fish that are, by virtue of section 131A of the Act, not subject to the control of Customs), whether fresh, frozen, smoked, preserved in airtight containers or in any other form.

• (2)

  The importation into Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:

  • (a)

    a permission in writing to import the fish has been granted by the Minister or an authorised officer; and

  • (b)

    the permission is produced to the Collector.

• (3)

  If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:

  • (a)

    the authorised officer must refer the application to the Minister; and

  • (b)

    the Minister may grant, or refuse to grant, the permission.

• (4)

  A permission may specify:

  • (a)

    conditions or requirements to be complied with by the holder of the permission; and

  • (b)

    when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.

• (5)

  If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.

• (6)

  The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act for not complying with the condition or requirement.

• (7)

  In this regulation:

authorised officer means an officer within the meaning of subsection 4 (1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.

Minister means the Minister administering the Fisheries Management Act 1991.

[3]After Schedule 3

insert

Schedule 3AGoods the importation of which is prohibited if permission is not granted under regulation 4BA

(regulation 4BA)

Item	Description of goods
1	Fish of the species Dissostichus eleginoides (commonly known as Patagonian toothfish)
2	Fish of the species Dissostichus mawsoni (commonly known as Antarctic toothfish)

[4]Schedule 4, items 102 and 103

substitute

102	Harmaline (otherwise known as 4,9-dihydro-7-methoxy-1-methy-l-(3H)pyrido(3,4-b)indole), except when occurring naturally as a component of the herb tribulus terrestris
103	Harmine (otherwise known as 7-methoxyharman), except when occurring naturally as a component of the herb tribulus terrestris

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, 143 and 213.

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