EXPLANATORY STATEMENT
Issued by the Assistant Minister for Citizenship, Customs and Multicultural Affairs
Customs Act 1901
Customs Amendment (2025 Measures No. 1) Regulations 2025
Legislative authority
The Customs Act 1901 (Customs Act) concerns customs-related functions and is the legislative authority that sets out the customs requirements for the importation of goods into, and the exportation of goods from, Australia.
Subsection 270(1) of the Customs Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Customs Act, prescribing all matters which by the Customs Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Customs Act.
Purpose and background
The purpose of the Customs Amendment (2025 Measures No.1) Regulations 2025 (Amendment Regulations) is to amend the Customs Regulation 2015 (Customs Regulations) to:
- allow radioactive substances to be eligible for consideration for post‑importation permission; and
- revise the days prescribed for the availability of officers of Customs to undertake certain customs functions.
Post-importation permission for radioactive substances
Schedule 1 to the Amendment Regulations amends section 120 of the Customs Regulation to allow radioactive substances subject to regulation 4R of the Customs (Prohibited Imports) Regulations 1956 (Prohibited Imports Regulations) to be eligible for post-importation permission under the Customs Act. The term ‘radioactive substance’ is defined in sub-regulation 4R(1) of the Prohibited Imports Regulations as any radioactive material or substance, including radium, any radioactive isotope or any article containing any radioactive material or substance.
Section 120 of the Customs Regulation is made for the purposes of section 209T of the Customs Act, which provides that the post-importation permission scheme in Subdivision GC of the Customs Act applies to goods that are prohibited imports of a kind prescribed by the regulations. The post‑importation scheme allows prohibited imports prescribed by the Customs Regulation to be detained upon import to Australia pending grant of a permission to import. Where goods are not eligible for post‑importation permission, the required permit must be obtained prior to the importation of the goods.
An importer of radioactive substances acting in good faith may be unaware that they are inadvertently importing goods that are a prohibited import and require a permit. In some cases, a permit would likely have been granted to the importer, had the importer been aware of the control prior to importing the goods. Forfeiture of the goods in these circumstances without an opportunity to apply for a permission would result in an unnecessary administrative and regulatory burden.
Days and hours for performing functions
Schedule 2 to the Amendment Regulations amends section 12 of the Customs Regulation to exclude the period between Christmas Day and New Year’s Day from the days that officers of Customs are prescribed as being available to perform specified customs functions, namely Business Hour Functions.
Section 12 of the Customs Regulation is made for the purposes of subsection 28(1) of the Customs Act, which provides that the regulations may prescribe the days and hours when officers are to be available to perform a specified customs function.
Business Hour Functions are customs functions currently prescribed in table items 5 to 8 of subsection 12(1) of the Customs Regulation as being available Monday to Friday (other than a public holiday) during the hours 8.00am to 4:30pm in the Northern Territory, and 8:30am to 5:00pm in a State or Territory other than in the Northern Territory. These functions include manually receiving applications for a refund, rebate or remission of duty; and any other customs function that is not required to be available 24 hours a day, 7 days a week.
The amendments do not affect the functions that officers of Customs are currently prescribed as being available to perform 24 hours a day, 7 days a week (table items 1 to 4 of subsection 12(1) of the Customs Regulation). These include, but are not limited to, boarding or clearing aircraft at an international airport; and attendance for the examination of baggage at an international airport or appointed port or appointed wharf.
The Australian Border Force (ABF) has sought to reduce the prescribed counter hours during this period to provide for flexibility around staffing, where this does not impact on the ABF providing necessary customs-related functions to the community. Arrangements that apply on public holidays will continue to be in place during this period to manage time‑sensitive matters.
Details of the Amendment Regulations are set out in Attachment A.
Consultation
Public consultation was not undertaken on the amendments due to the nature of the changes. Importers benefit from the expansion of goods eligible for post-importation permission, while the availability of officers reflects staffing arrangements and internal administration of the ABF. The Australian Radiation Protection and Nuclear Safety Agency’s (the permit issuing agency for radioactive substances) Radiation Health Committee was advised of the proposed amendment at its June 2025 meeting. No comments or objections to the proposed amendment were noted.
Other matters
The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Amendment Regulations commence on the day after they are registered on the Federal Register of Legislation.
A Statement of Compatibility with Human Rights (Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement concludes the Amendment Regulations are compatible with human rights. A copy of the Statement is at Attachment B.
ATTACHMENT A
Details of the Customs Amendment (2025 Measures No. 1) Regulations 2025
Section 1 Name
This section provides that the title of the instrument is the Customs Amendment (2025 Measures No. 1) Regulations 2025 (Amendment Regulations).
Section 2 Commencement
This section provides that the whole of the instrument is to commence on the day after it is registered on the Federal Register of Legislation.
Section 3 Authority
This section sets out the authority under which the Amendment Regulations are made, which is the Customs Act 1901 (Customs Act).
Section 4 Schedules
This section provides that each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Post-importation permission for radioactive substances
Customs Regulation 2015
Item 1 Section 120 (after table item 6)
This item amends section 120 of the Customs Regulation 2015 (Customs Regulation) by inserting new table item 6A to prescribe goods to which regulation 4R of the Customs (Prohibited Imports) Regulations 1956 (Prohibited Import Regulations) applies, as a kind of prohibited import for the purposes of section 209T of the Customs Act.
The effect of this amendment is that an officer of Customs may grant importers of radioactive substances post-importation permission in accordance with Subdivision GC of the Customs Act. Radioactive substance is defined in sub-regulation 4R(1) of the Prohibited Imports Regulations as any radioactive material or substance, including radium, any radioactive isotope or any article containing any radioactive material or substance.
Schedule 2—Days and hours for performing functions
Customs Regulation 2015
Item 1 Section 12(1) (at the end of the cell at table item 5, column headed “Days”)
This item amends item 5 of the table in subsection 12(1) of the Customs Regulation.
The effect of this amendment is that the period between Christmas Day and New Year’s Day (including those days) is excluded from the days an officer of Customs is available to receive applications under section 107 of the Customs Regulation given to an officer of Customs manually, in the Northern Territory, for the purposes of subsection 28(1) of the Customs Act. An application under section 107 relates to an application for a refund, rebate or remission of duty.
In addition to public holidays currently being excluded from the days an officer of Customs is to be available, the operation of section 36 of the Acts Interpretation Act 1901 (Acts Interpretation Act) clarifies that this exclusion includes both Christmas Day and New Year’s Day.
Item 2 Section 12(1) (at the end of the cell at table item 6, column headed “Days”)
This item amends item 6 of the table in subsection 12(1) of the Customs Regulation.
The effect of this amendment is that the period between Christmas Day and New Year’s Day (including those days) is excluded from the days an officer of Customs is to be available to receive applications under section 107 of the Customs Regulation given to an officer of Customs manually, in a State or Territory other than the Northern Territory, for the purposes of section 28(1) of the Customs Act. An application under section 107 relates to an application for a refund, rebate or remission of duty.
In addition to public holidays currently being excluded from the days an officer of Customs is to be available, the operation of section 36 of the Acts Interpretation Act clarifies that this exclusion includes both Christmas Day and New Year’s Day.
Item 3 Section 12(1) (at the end of the cell at table item 7, column headed “Days”)
This item amends item 7 of the table in subsection 12(1) of the Customs Regulation.
The effect of this amendment is that the period between Christmas Day and New Year’s Day (including those days) is excluded from the days an officer is available to perform any other function (that is not set out in items 1 to 6 of the table in subsection 12(1)) done at a Customs place for the purposes of the Customs Acts, in the Northern Territory, for the purposes of section 28(1) of the Customs Act. Currently, an officer of Customs is prescribed to be available to perform these functions Monday to Friday, other than a public holiday, during the hours 8.00am to 4:30pm.
Customs place is defined in subsection 12(2) of the Customs Regulation and includes a place owned or occupied by the Commonwealth for use for the purposes of the Customs Acts. Customs Acts is a defined term in section 4 and includes the Customs Act, any instruments made under it and any other Act or instruments made under any other Act, relating to customs in force within the Commonwealth or any part of the Commonwealth.
In addition to public holidays currently being excluded from the days an officer of Customs is to be available, the operation of section 36 of the Acts Interpretation Act clarifies that this exclusion includes both Christmas Day and New Year’s Day.
Item 4 Section 12(1) (at the end of the cell at table item 8, column headed “Days”)
This item amends item 8 of the table in subsection 12(1) of the Customs Regulation.
The effect of this amendment is that the period between Christmas Day and New Year’s Day (including those days) is excluded from the days an officer is available to perform any other function (that is not set out in items 1 to 6 of the table in subsection 12(1)) done at a Customs place for the purposes of the Customs Acts, in a State or Territory other than the Northern Territory, for the purposes of section 28(1) of the Customs Act. Currently, an officer of Customs is prescribed to be available to perform these functions Monday to Friday, other than a public holiday, during the hours 8.30am to 5:00pm.
Customs place is defined in subsection 12(2) of the Customs Regulation and includes a place owned or occupied by the Commonwealth for use for the purposes of the Customs Acts. Customs Acts is a defined term in section 4 and includes the Customs Act, any instruments made under it and any other Act or instruments made under any other Act, relating to customs in force within the Commonwealth or any part of the Commonwealth.
In addition to public holidays currently being excluded from the days an officer of Customs is to be available, the operation of section 36 of the Acts Interpretation Act clarifies that this exclusion includes both Christmas Day and New Year’s Day.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Customs Amendment (2025 Measures No. 1) Regulations 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
The Customs Amendment (2025 Measures No. 1) Regulations 2025 (Amendment Regulations) amend the Customs Regulation 2015 (Customs Regulation) to:
- allow radioactive substances subject to regulation 4R of the Customs (Prohibited Imports) Regulations 1956 (Prohibited Import Regulations) to be eligible for consideration for post-importation permission; and
- revise the days prescribed for the availability of certain customs functions.
Post-importation permission for radioactive substances
Section 50 of the Customs Act 1901 (Customs Act) provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
The Prohibited Import Regulations control the importation of the goods specified in the various regulations and the Schedules to the Prohibited Import Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence. This currently includes radioactive substances subject to regulation 4R of the Prohibited Import Regulations.
Subdivision GC of the Customs Act sets out the post-importation permission scheme, which allows for the granting of post-importation permissions, licences or other documents in respect of certain goods whose importation is prohibited under the Prohibited Import Regulations. Section 209T of the Customs Act allows for the post-importation scheme to apply to goods prescribed in section 120 of the Customs Regulation.
The amendments made by the Amendment Regulations in respect of the post importation permission for radioactive substances allow radioactive substances subject to regulation 4R to be eligible for post-import permission. Regulation 4R of the Prohibited Import Regulations prohibits the importation of radioactive substances unless a permission in writing has been granted by the Minister or an authorised officer and that permission is produced to the Collector. The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), the permit-issuing agency, does not currently have the option to issue a permission under regulation 4R of the Prohibited Import Regulations after the goods have been imported.
The amendments are necessary to reduce the administrative and regulatory burden associated with regulation 4R. ‘Radioactive substance’ is defined in regulation 4R of the Prohibited Import Regulations as any radioactive material or substance, including radium, any radioactive isotope or any article containing any radioactive material or substance. An importer acting in good faith may be unaware that they are inadvertently importing goods that are a prohibited import and require a permit. In some cases, a permit would likely have been granted had the importer been aware of the control prior to importing the goods. Where the importer is acting in good faith, seizure and forfeiture of the goods in these circumstances without an opportunity to apply for a permission is an unnecessary administrative and regulatory burden.
Prescribed days and hours for performing customs functions
Subsection 28(1) of the Customs Act provides that the regulations may prescribe the days on which, and the hours on those days between which, officers of customs are to be available to perform specified functions. The days may include weekends and public holidays. The days and hours specified may be varied by function and/or location as necessitated by the nature of the function.
The table at subsection 12(1) of the Customs Regulation prescribes the hours and days for the purposes of subsection 28(1) of the Act.
Relevantly, table items 5 to 8 of subsection 12(1) prescribe functions that are to be available Monday to Friday, excluding public holidays (Business Hour Functions). In the Northern Territory, table items five and seven, provide that the functions are to be available between 8.00am and 4.30pm. In all other states and territories, table items six and eight, provide that the functions are to be available between 8.30am and 5.00pm. Business Hour Functions are:
- manually receiving applications for refund, rebate or remission of duty; and
- any other function done at a Customs place for the purposes of the Customs Act.
Subsection 12(2) provides that a Customs Place is a place owned or occupied by the Commonwealth for the purposes of the Customs Acts, a port, airport, wharf or boarding station appointed under section 15 of the Customs Act, a place described in a depot licence or a warehouse licence granted under section 77G or subsection 79(1) of the Customs Act respectively, or a place approved for the examination of international mail in an instrument made under subsection 183UA(2) of the Customs Act.
The amendments in respect of prescribed days and hours for performing customs function update the days that officers of customs are to be available to provide Business Hours Functions identified by table items 5 to 8, to exclude the non-public holiday days between Christmas Day and the New Year’s Day public holiday. The outcome of this amendment is that officers of customs will not need to be available on the non-public holiday days between Christmas Day and the New Year’s Day public holiday to perform Business Hour Functions.
Human rights implications
Post-importation permission for radioactive substances
The amendments in respect of the post importation permission for radioactive substances do not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Prescribed days and hours for performing customs functions
The Amendment Regulations in respect of the prescribed days and hours for performing customs functions may engage the Right to the enjoyment of just and favourable conditions of work in Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Right to just and favourable conditions of work
Article 7 of the ICESCR provides that States undertaken to recognise the right of everyone to the enjoyment of just and favourable conditions of work including, rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.
The amendments in respect of the prescribed days and hours for performing customs functions positively engage the right to the enjoyment of favourable conditions of work. These amendments will mean that officers of customs will be able to take paid leave during the Christmas Closedown period where this does not impact on the provision of necessary customs-related functions to the community.
Conclusions
The Amendment Regulations are compatible with human rights because, to the extent they engage human rights, they promote the protection of human rights.
The Hon Julian Hill MP
Assistant Minister for Citizenship, Customs and Multicultural Affairs