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

Statutory Rules 1981 No. 3831

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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 1981.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

JOHN MOORE

Minister of State for Business and Consumer Affairs

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 1. After regulation 4K of the Customs (Prohibited Imports) Regulations the following regulation is inserted:

Importation of ships

“4L.

(1) The importation into Australia of a ship is prohibited unless the person importing the ship is the holder of a permission to import the ship granted under this regulation by the Minister or an authorized officer.

“(2)

A permission to import a ship—

• (a)

  shall be in writing;

• (b)

  shall specify the date on or before which the ship may be imported under the permission;

• (c)

  may specify conditions or requirements, being conditions or requirements with respect to the possession, control, movement, use, disposal or exportation from Australia of the ship, to be complied with by the holder of the permission; and

• (d)

  may, in respect of any condition or requirement referred to in paragraph (c), specify the time, being a time either before or after the importation of the ship, before which the condition or requirement is to be complied with by the holder of the permission.

“(3)

The holder of a permission to import a ship may, with the consent in writing of the Minister or an authorized officer, but without that consent shall not, assign the permission to another person.

“(4)

Where, in accordance with the sub-regulation (3), the holder of a permission to import a ship assigns the permission to another person, the person—

• (a)

  shall be deemed to become the holder of the permission for the purposes of this regulation; and

• (b)

  shall assume all the rights, duties and obligations of the former holder under the permission.

“(5)

The holder of a permission to import a ship may, by delivery of the permission to the Minister or an authorized officer, surrender the permission—

• (a)

  absolutely; or

• (b)

  in exchange for the granting to him of another permission to import the ship or another ship.

“(6)

Where—

• (a)

  a permission to import a ship specifies a condition or requirement to be complied with by the holder of the permission; and

• (b)

  the holder of the permission fails to comply with the condition or requirement,

the Minister or an authorized officer may revoke the permission, whether or not the holder of the permission is charged with an offence against sub-section 50 (4) of the Act in respect of the failure to comply with the condition or requirement.

“(7)

In this regulation—

‘authorized officer’ means an officer of the Department of Transport appointed in writing by the Minister to be an authorized officer for the purposes of this regulation;

‘fishing operations’ include any operations relating to fish or other animals, including marine organisms, that live in the sea or other waters;

‘fishing vessel’ means a vessel designed for commercial fishing operations;

‘Minister’ means the Minister of State for Transport;

‘ship’ means a vessel designed for use in navigation other than air navigation, and includes—

• (a)

  a barge, lighter or like vessel;

• (b)

  a floating structure designed for use in the exploration of, or the exploitation of the natural resources of, any submerged lands;

• (c)

  a dredger; and

• (d)

  a floating dock,

but does not include—

• (e)

  a hovercraft;

• (f)

  a new vessel of 150 gross construction tons or less, being—

  • (i)

    a vessel other than a fishing vessel; or

  • (ii)

    a fishing vessel the length of which on the designed load water line is 21 metres or less; and

 (g) a vessel that is not a new vessel and is of 70 gross construction tons or less.

“(8)

In sub-regulation (7), a reference to a new vessel shall be read as reference to a vessel shipped to Australia as new stock or sailed direct to Australia on its delivery voyage.

“(9)

For the purposes of sub-regulation (7), the number of tons in the gross construction tonnage of a vessel shall be ascertained in accordance with the formula , where Z is a number equal to the number of cubic metres in the total volume, measured in relation to their moulded lines, of the enclosed spaces in the vessel, including tween-deck spaces, water ballast spaces, voids, cofferdams, machinery spaces, erections, superstructures, houses, casings and funnel and mast spaces.”.

Third Schedule

 2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting Item 24.

 

NOTES

1. Notified in the Commonwealth of Australia Gazett e on 31 December 1981.

2. Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 29 and see also