Customs (Prohibited Imports) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 3241

 

Customs (Prohibited Imports) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated 11 October 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

D. Beddall

Minister of State for Small Business and Customs

 

1. Amendment

1.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.

2. Regulation 4 (Goods the importation of which is prohibited unless conditions or restrictions complied with)

2.1 Subregulation 4 (1):

Omit “the Second Schedule to these Regulations”, insert “Part 1 of Schedule 2”.

2.2 Subregulation 4 (1):

After “the Minister”, insert “or an authorised person”.

2.3 After subregulation 4 (1), insert:

“(1AA) Where, in relation to an application for a permission under subregulation (1), an authorised person has formed an opinion that the permission should not be granted, the authorised person is to refer the application to the Minister.

“(1AB) Where an application has been referred to the Minister in accordance with subregulation (1AA), the Minister may grant, or refuse to grant, the permission.

“(1AC) In subregulations (1) and (1AA), ‘authorised person’ means a person authorised in writing by the Minister for the purposes of this subregulation.”.

2.4 Subregulation 4 (1A):

Omit “sub-regulation (1)”, substitute “subregulation (1) or (1AB)”.

3. Regulation 4n (Prohibition of importation of aircraft, airframes or aircraft engines)

3.1 Omit the regulation.

4. Second Schedule (Goods the importation of which is prohibited unless the permission in writing of the Minister has been granted)

4.1 Heading:

Omit:

“SECOND SCHEDULE Subregulation 4 (1)

GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS THE PERMISSION IN WRITING OF THE MINISTER HAS BEEN GRANTED”;

substitute:

“SCHEDULE 2 Subregulation 4 (1)

GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS THE PERMISSION IN WRITING OF THE MINISTER OR AN AUTHORISED PERSON HAS BEEN GRANTED

PART 1—SPECIFICATION OF GOODS”.

4.2 Items 2, 7 and 8:

Omit the items, substitute:

“1 Apparel made from man-made fibre textile fabrics which contain tris (2,3-dibromopropyl) phosphate and yarns and textile fabrics of man-made fibres containing tris (2,3-dibromopropyl) phosphate of a kind used in the manufacture of apparel

2 Toys or playthings coated with a material the non-volatile content of which contains more than:

(a) 250 mg/kg of lead or lead compounds, calculated as lead; or

(b) 100 mg/kg of arsenic or arsenic compounds, calculated as arsenic; or

(c) 100 mg/kg of antimony or antimony compounds, calculated as antimony, or

(d) 100 mg/kg of cadmium or cadmium compounds, calculated as cadmium; or

(e) 100 mg/kg of selenium or selenium compounds, calculated as selenium or

(f) 10 mg/kg of mercury or mercury compounds, calculated as mercury; or

(g) 100 mg/kg of chromium or chromium compounds, calculated as chromium; or

(h) 50 mg/kg of soluble compounds of barium, calculated as barium

3 Cosmetic products containing more than 250 mg/kg of lead or lead compounds (calculated as lead), except products containing more than 250 mg/kg of lead acetate designed for use in hair treatments

4 Fish, crustaceans and molluscs with a mean level of mercury (calculated as the metal) greater than 0.5 mg/kg

5 Products containing fish, crustaceans and molluscs where the mean level of mercury (calculated as the metal) in the fish, crustacean and mollusc content is greater than 0.5 mg/kg

6 Money boxes coated with a material that contains more than 250 mg/kg of lead or lead compounds, calculated as lead

7 Pencils or paint brushes coated with a material the non-volatile content of which contains more than:

(a) 250 mg/kg of lead or lead compounds, calculated as lead; or

(b) 100 mg/kg of arsenic or arsenic compounds, calculated as arsenic; or

(c) 100 mg/kg of antimony or antimony compounds, calculated as antimony; or

(d) 100 mg/kg of cadmium or cadmium compounds, calculated as cadmium; or

(c) 100 mg/kg of selenium or selenium compounds, calculated as selenium; or

(f) 10 mg/kg of mercury or mercury compounds, calculated as mercury; or

 

(g) 100 rag/kg of chromium or chromium compounds, calculated as chromium; or

(h) 50 mg/kg of soluble compounds of barium, calculated as barium

8 Appliances or equipment designed or adapted for warfare or like purposes, being any of, or any combination of, the following:

(a) dazzle or decoy devices;

(b) equipment designed or adapted for the making of smoke screens;

(c) explosives or incendiary materials;

(d) flame throwers;

(e) gases or liquids designed for the purpose of killing or incapacitating persons, and devices or apparatus designed or adapted for use with those goods;

(f) grenades of any type, whether charged or not;

(g) launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missiles or substances;

(h) mines (whether charged or not);

(i) projectiles, missiles or rockets (whether charged or not);

(j) trip flares; and

(k) parts designed or adapted for use with any of the goods in the preceding paragraphs of this item”.

4.3 Item 10:

Omit the item, substitute:

“10 Dog collars incorporating:

(a) apparatus designed to cause an electric shock; or

(b) protrusions designed to puncture or bruise an animal’s skin”.

4.4 After item 11, insert:

“12 Hand-held battery-operated devices designed to administer an electric shock on contact

13 Hand-held battery-operated devices designed to emit a high-frequency acoustic shock

14 Hand-held battery-operated devices designed to discharge a gas or liquid”.

4.5 Item 18:

Omit the item, substitute:

“18 Blowpipe darts tipped with poison”.

4.6 Item 20:

Omit the item, substitute:

“20 Gloves, or similar coverings for the hand, incorporating protrusions designed to puncture or bruise the skin

21 Goods incorporating a concealed gun, knife or blade

 

22 Hunting slings, catapults or sling shots designed for use with, or a component part of which is, a brace that:

(a) fits or rests upon the forearm or upon another part of the body of the user; and

(b) supports the wrist or forearm against the tension of any material used to propel a projectile

23 Shuriken throwing irons or star knives and similar devices

24 Firearms that fail to satisfy the safety requirements specified in Part 2 of this Schedule

25 Weapons of a machine-gun construction, being any firearm:

(a) originally manufactured to fire continuously while the trigger is depressed until the supply of ammunition is exhausted, whether or not that capacity has been made inoperative; or

(b) modified to fire continuously while the trigger is depressed until the supply of ammunition is exhausted

26 Devices designed to modify any firearm to enable it to fire continuously while the trigger is depressed until the supply of ammunition is exhausted”.

4.7 After item 30AA, add:

“31 Snake-bite kits or first-aid kits that include instructions which recommend treatment for snake-bite by cutting or excising the bitten area, or the use of arterial tourniquets

32 Specimens or part specimens of venomous reptiles, not listed in Schedule 1 or 2 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982, from which the venom glands, ducts or fangs have not been removed

33 Erasers, in the shape of babies dummies, the dimensions of which are smaller than the dimensions specified in Appendix D of Part 2 (‘Constructional Standards’) of Australian Standard 1647—1981, (‘Childrens Toys (Safety Requirements)’), published on 1 March 1981

34 Erasers, resembling food in scent or appearance, that do not satisfy Part 3 (‘Toxological Requirements’) of Australian Standard 1647—1982 (‘Childrens Toys (Safety Requirements)’), published on 9 August 1982

35 Metal drink dispensers or containers that cause contamination of the dispensed or contained beverage in excess of the levels of contamination specified in the National Medical and Research Council Food Standard A12 (‘Metals and Contaminants in Food’), published in Gazette No. P12 of 27 August 1987 and amended in Gazette No. P19 of 15 July 1988 and Gazette No. P28 of 11 October 1989

36 Motor-vehicle windscreens, windows or interior partitions not complying with Australian Design Rule (Third Edition) 8/00 (‘Safety Glazing Material’), issued on 1 July 1988

37 Protective helmets for motor-vehicle users not complying with Australian Standard 1698—1988 (‘Protective Helmets for Vehicle Users’), published on 9 May 1990”.

4.8 Add at the end:

“PART 2—SAFETY REQUIREMENTS FOR FIREARMS

1. The firearm, loaded with a test blank cartridge, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge the test blank if:

(a) it is held with the barrel vertical and dropped thrice, being re-cocked after each drop, from a height of not more than 45 centimetres butt-first onto a rubber mat that:

(i) is 25 millimetres thick; and

(ii) has a hardness reading (in this clause called ‘the appropriate hardness reading’) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 (‘Indentation Hardness of Rubber and Plastics by means of a Durometer’), published on 1 September 1976; or

(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:

(i) has a head that weighs 450 grams and has the appropriate hardness reading; and

(ii) is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(iii) is allowed to fall under its own weight once at each of those points;

with no pressure being exerted on the trigger and with the firearm being recocked after each blow; or

(c) in the case of a firearm having an exposed hammer or exposed hammers or having a bolt action, each hammer or bolt tail is struck once by a rubber hammer that:

(i) has a head that weighs 450 grams and has the appropriate hardness reading; and

(ii) is held at the end of the handle with the head 30 centimetres above the place to be struck; and

(iii) is allowed to fall under its own weight; or

(d) in the case of a firearm having an exposed hammer or cocking device or exposed hammers or cocking devices, each hammer or cocking device is moved back towards the cocked position 3 times and, immediately before the sear engages the bent or bents in the fully cocked position and with no pressure being applied to the trigger, the hammer or cocking device is released 3 times and allowed to travel forward under the pressure of the spring.

2. Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.

3.The firearm must be fitted with an effective trigger guard.

4. The firearm, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, must be fitted with a safety device that:

(a) when engaged in the ‘Safe’ position, prevents operation of the trigger mechanism; and

(b) can be disengaged only by a distinct pressure of a finger or thumb; and

(c) clearly indicates that the firearm is in either a ‘Safe’ or ‘Fire’ condition.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 October 1990.

2.Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 39 and see also