Customs (Prohibited Imports) Amendment Regulations 2007 (No. 4) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2007 (No. 4)¹

Select Legislative Instrument 2007 No. 246

I, PHILIP MICHAEL JEFFERY, 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 22 August 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DAVID ALBERT LLOYD JOHNSTON

Minister for Justice and Customs

Name of Regulations

These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2007 (No. 4).

Commencement

These Regulations commence on the commencement of Schedule 1 to the Law and Justice Legislation Amendment (Marking of Plastic Explosives) Act 2007.

Amendment of Customs (Prohibited Imports) Regulations 1956

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

Schedule 1 Amendment

(regulation 3)

[1] After regulation 4A

insert

4AAImportation of plastic explosives

(1)The importation of plastic explosives into Australia is prohibited unless:

(a)a permission to import the plastic explosives has been granted in writing by the Attorney‑General or an authorised person; and

(b)the permission is produced to the Collector.

(2)If, on an application for a permission under subregulation (1), an authorised person forms an opinion that the permission should not be granted:

(a)the authorised person must refer the application to the Attorney‑General; and

(b)the Attorney‑General may grant, or refuse to grant, the permission.

(3)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 plastic explosives to which the permission relates.

(4)If the holder of a permission engages in conduct that contravenes a condition or requirement of the permission:

(a)the Attorney‑General; or

(b)the authorised person;

may, by writing, revoke the permission.

(5)The Attorney‑General or the authorised person may revoke a permission under subregulation (4) whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act of engaging in conduct that contravenes the condition or requirement.

(6)This regulation does not apply to plastic explosives included in a class of goods described in Schedule 2.

(7)In this regulation:

authorised person means an SES employee, or an acting SES employee, of the Attorney‑General’s Department who is authorised in writing by the Attorney‑General to be an authorised person for the purposes of this regulation.

plastic explosive has the same meaning as in Subdivision B of Division 72 of the Criminal Code.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See