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

Statutory Rules 1987 No. 3201

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 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Barry Jones

Minister of State for Science

and Small Business

Interpretation

1. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended by inserting after the definition of “fresh milk” in subregulation (1) the following definition:

“ ‘IUPAC name’ means a designation attributed to a chemical by the International Union of Pure and Applied Chemistry, being a designation contained in International Standard ISO 1750-1981: Pesticides and Agrochemicals—Common Names, published at Geneva by the International Standards Organisation in 1981;”.

2. After regulation 5h of the Customs (Prohibited Imports) Regulations the following regulation is inserted:

Importation of certain organochlorine chemicals

“5i. (1) In this regulation, ‘authorised officer’ means an officer of the Department of Primary Industries and Energy authorised in writing by the Minister of State for Primary Industries and Energy for the purposes of this regulation.

“(2) The importation into Australia of:

(a) goods, being certain organochlorine chemicals specified in Schedule 9;

(S.R. 371/87) Cat. No. 14/14.12.1987

(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and

(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;

is prohibited unless:

(d) the Minister of State for Primary Industries and Energy or an authorised officer has granted a permission in writing to import the goods; and

(e) the permission is produced to a Collector.

“(3) Where, in relation to an application for a permission under subregulation (2), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister of State for Primary Industries and Energy.

“(4) Where an application has been referred to the Minister of State for Primary Industries and Energy under subregulation (3), that Minister may grant, or refuse to grant, the permission.

“(5) A permission granted under subregulation (2) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.

“(6) Where:

(a) a permission granted under subregulation (2) is subject to a condition or requirement to be complied with by a person; and

(b) the person fails to comply with the condition or requirement;

the Minister may revoke the permission whether or not the person is charged with an offence under subsection 50 (4) of the Act in respect of the failure to comply with the condition or requirement.”.

Schedule 9

3. The Customs (Prohibited Imports) Regulations are amended by adding at the end the following Schedule:

SCHEDULE 9 Subregulation 5i (2)

GOODS, BRING CERTAIN ORGANOCHLORINE CHEMICALS, THE IMPORTATION OF WHICH IS PROHIBITED UNLESS A PERMISSION GRANTED BY THE MINISTER OF STATE FOR PRIMARY INDUSTRIES AND ENERGY OR AN AUTHORISED OFFICER IS PRODUCED TO A COLLECTOR

Column 1	Column 2	Column 3
Item No.	Common name	IUPAC name
1	aldrin...................................... (HHDN)	(1R,4S,4aS,5S,8R,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-1,4:5,8-dimenthanonaphthatene
2	benzene hexachloride.............. (BHC) (HCH)	1,2,3,4,5,6-hexachlorocyclohexane

SCHEDULE 9—continued

Column 1	Column 2	Column 3
Item No.	Common name	IUPAC name
3	lindane.................................... (γ-BIIX,γ-IICH)	(1α,2α,3β,4α,5α,6β)-hexachlorocyclohexane
4	1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-4,7-methanoindene
5	dieldrin................................... (IIEOD)	(1R,4S,4aS,5R,6R,7S,8S,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,6,7,8,8a-octahydro-6,7-epoxy-1,4:5,8-dimethanonaphthalene
6	DDT....................................... (pp’-DDT)	l,l,l-trichloro-2,2-bis(4-chlorophrnyl) ethane
7	endrin	(1R,4S,4aS,5S,6S,7R,8R,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,6,7,8,8a-octahydro-6,7-epoxy-1,4:5,8-dimethanonaphthalene
8	hexachlorobcnzcne.................. (HCB)	hexachlorobenzene
9	heptachlor	1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-letrahydro-4,7-methanoindene
10	methoxychlor..........................	1,1,1-trichloro-2,2-bis(4-methoxyphenyl) ethane
11	oxychlordane..........................	1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-2,3-epoxy-4,7-methanoindene

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2.Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 37 and see also Statutory Rules 1987 Nos. 37, 98 and 101.

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