Customs (Prohibited Imports) Amendment Regulations 2002 (No. 1) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 302

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 28 February 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

 These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2002 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Customs (Prohibited Imports) Regulations 1956

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

Schedule 1Amendments

(regulation 3)

  

[1]After regulation 4N

insert

4PImportation of rough diamonds from Liberia

 The direct or indirect importation of rough diamonds from Liberia is prohibited absolutely, whether or not the diamonds originate from Liberia.

[2]Subregulation 4R (1), definitions of authorised officer and Minister

substitute

authorised officer means:

• (a)

  the CEO of ARPANSA, within the meaning of section 14 of the Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; or

• (b)

  an APS employee assisting the CEO in accordance with section 58 of that Act appointed in writing by the Minister as an authorised officer for this regulation.

Minister means the Minister for Health and Ageing.

[3]Schedule 2, item 9

substitute

9

Daggers or similar devices, being sharp pointed stabbing instruments (not including swords or bayonets): (a) ordinarily capable of concealment on the person; and (b) having: (i) a flat blade with cutting edges (serrated or not serrated) along the length of both sides; or (ii) a needle-like blade, the cross section of which is elliptical or has three or more sides; and (c) made of any material

[4]Schedule 2, items 12 and 13

substitute

12	Hand-held electric devices that are designed to administer an electric shock on contact, other than cattle prods designed exclusively for use with animals
13	Acoustic anti-personnel devices that are designed: (a) to cause permanent or temporary incapacity or disability to a person; or (b) to otherwise physically disorientate a person

[5]Schedule 2, items 18 and 18A

substitute

18	Blow-guns or blow-pipes that are capable of projecting a dart, or other devices that consist of a pipe or tube through which a missile in the form of a dart is capable of being projected by: (a) the exhaled breath of the user; or (b) another means other than an explosive
18A	Darts capable of being projected from: (a) a blow-gun or blow-pipe; or (b) another device that consists of a pipe or tube through which a missile in the form of a dart is capable of being projected by: (i) the exhaled breath of the user; or (ii) another means other than an explosive

[6]Schedule 2, item 18C

substitute

18C	Pistol crossbows, being crossbows: (a) designed to be used with one hand; and (b) that, when discharged, are capable of causing: (i) damage or injury to property; or (ii) bodily harm; other than toy crossbows

[7]Schedule 2, items 19 and 19A

substitute

19	Flick knives or similar devices, made of any material, that have a blade folded or recessed into the handle which opens automatically by: (a) gravity or centrifugal force; or (b) pressure applied to a button, spring or device in or attached to the handle of the device
19A	Knuckle-dusters or similar devices that can be fitted over the knuckles of the hand of the user: (a) to protect the knuckles; and (b) to increase the effect of a punch or other blow; whether the device has been manufactured for those purposes or adapted for those purposes

[8]Schedule 2, item 21

substitute

21	Goods incorporating: (a) a concealed knife of any length, made of any material; or (b) a concealed blade of any length, made of any material; or (c) a concealed spike of any length, made of any material

[9]Schedule 2, item 23

substitute

23	Star knives or similar devices: (a) consisting of more than one angular point, blade or spike, disposed outwardly about a central axis point; and (b) designed to spin around the central axis point in flight when thrown at a target; and (c) made of any material

[10]Schedule 2, after item 34

insert

35	Sheath knives or similar devices: (a) having a sheath which withdraws into its handle: (i) by gravity or centrifugal force; or (ii) if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife; and (b) made of any material
36	Push knives or similar devices: (a) designed as weapons that consist of a single-edged or multi-edged blade or spike that: (i) has a handle fitted transversely to the blade or spike; and (ii) allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action; and (b) made of any material
37	Trench knives or similar devices that consist of a single-edged or multi-edged blade or spike: (a) fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user: (i) to protect the knuckles; and (ii) to increase the effect of a punch or blow; and (b) made of any material; whether the device has been manufactured for those purposes or adapted for those purposes
38	Throwing blades, throwing knives or throwing axes: (a) designed or modified to be thrown; and (b) made of any material
39	Knives, blades or spikes which are neither metallic nor ceramic, other than plastic cutlery
40	Hand or foot claws, being articles consisting of claws that are made or modified to be attached to or worn on the hands or feet
41	Weighted gloves or similar articles (including a fingerless glove) consisting of a weighted glove designed or constructed to be used as a weapon
42	Butterfly knives, devices known as ‘balisongs’, or other devices that consist of a single-edged or multi-edged blade or spike that: (a) fits within two handles attached to the blade or spike by transverse pivot pins; and (b) is capable of being opened by gravity or centrifugal force
43	Shark Darts or similar devices that are designed to expel, on or after contact, a gas or other substance capable of causing bodily harm
44	Dart projectors known as a ‘darchery dartslingers’, or similar devices that are designed to project a dart by means of an elasticised band
45	Maces or similar articles: (a) capable of causing injury; and (b) consisting of a club or staff fitted with a flanged or spiked head; other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions
46	Flails or similar articles consisting of a staff or handle that has fitted to one end, by any means, a freely swinging striking part armed with spikes or studded with any protruding matter
47	Extendable or telescopic batons, designed or adapted so that the length of the baton extends by: (a) gravity; or (b) centrifugal force; or (c) pressure applied to a button, spring or device in or attached to the handle of the baton

[11]Schedule 3, item 1

substitute

1	Anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays	The goods must not be imported unless: (a) the written consent of the Minister, the Commissioner of the Australian Federal Police or the commissioner (however designated) of the police force of a State or Territory, is produced to a Collector; and (b) the goods are imported: (i) for the purposes of the government of the Commonwealth, including the use of the Australian Federal Police; or (ii) for the use of a police force of a State or Territory, or a correctional institution of a State or Territory
1A	Grenades or canisters, designed for use with anti-personnel sprays or anti-personnel chemicals	The goods must not be imported unless: (a) the written consent of the Minister, the Commissioner of the Australian Federal Police or the commissioner (however designated) of the police force of a State or Territory, is produced to a Collector; and (b) the goods are imported: (i) for the purposes of the government of the Commonwealth, including the use of the Australian Federal Police; or (ii) for the use of a police force of a State or Territory, or a correctional institution of a State or Territory

[12]Schedule 4, after item 232

insert

233 Zolpidem

[13]Schedule 7A, after item 3

insert

4 Darbepoetin alfa

[14]Schedule 8, after item 10

insert

11 Ketamine

[15]Schedule 11, Part 3, paragraph 10 (b), column 3

substitute

100-35-6

[16]Schedule 11, Part 3, paragraph 12 (b), column 3

substitute

41480-75-5

[17]Schedule 12, item 5

substitute

5 Chewing tobacco, and snuffs intended for oral use, imported in an amount weighing more than 1.5 kilograms

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, 213, 214, 215, 234 and 299; 2001 No. 60.

2. Notified in the Commonwealth of Australia Gazette