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

Statutory Rules 1997

No. 22 1

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Customs (Prohibited Imports) Regulations 2(Amendment)

I, The 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 19 February 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

G. D. PROSSER

Minister for Small Business and Consumer Affairs

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1.   Commencement

1.1   These Regulations commence on 1 March 1997.

2.   Amendment

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

3.

New regulation 4S

3.1   After regulation 4R, insert:

Importation of lighters

 “4S. (1) Subject to subregulation (2), the importation into Australia of a lighter is prohibited unless:

• (a)

  the person importing the lighter has:

  • (i)

    completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and

  • (ii)

    produced that statutory declaration to the Collector; or

• (b)

  the Minister has granted a permission in writing for the lighter to be imported.

 “(2) Subregulation (1) does not apply to a passenger, 18 years or older, importing no more than 5 lighters on a ship or aircraft.

“(3) A permission granted under paragraph (1) (b) may specify:

• (a) 

  the conditions or requirements to be complied with by the holder of the permission; and

• (b)

  the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.

 “(4) If the holder of a permission granted under paragraph (1) (b) is required to comply with a condition or requirement and the holder of the permission fails to comply with the condition or requirement, the Minister may, by writing, revoke the permission.

 “(5) In this regulation:

‘American Standard’ means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210):

• (a)

  set out in Part 1210, Title 16 of the Code of Federal Regulations; and

• (b)

  published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993;

‘lighter’ means a flame producing device that:

• (a)

  is designed to light cigarettes, cigars and pipes; and

• (b)

  is designed:

  • (i)

    to be discarded when its supply of fuel is exhausted; or

  • (ii)

    to incorporate a separate container of fuel that is designed to be discarded when empty; or

  • (iii)

    to have an entertaining audio or visual effect (other than production of a flame), for example, playing musical notes or displaying flashing lights; or

  • (iv)

    to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended for use by, a child who is under 5 years, for example, a cartoon character, toy, gun, watch, musical instrument, vehicle. toy animal, food or beverage.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 February 1997.

2. 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.