EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 230
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs Amendment Regulations 2011 (No. 5)
Section 270 of the Customs Act 1901 (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.
Subsection 233BAB(1) of the Customs Act provides, in part, that the regulations may specify certain goods to be tier 2 goods. Subsection 233BAB(2) provides that only goods which are prohibited either absolutely or on condition from being imported the (Prohibited Imports) Regulations 1956 (the PI Regulations) can be tier 2 goods.
It is an offence under section 233BAB to import or export a tier 2 good without approval. The maximum penalty for such an offence is a fine not exceeding 2500 penalty units or imprisonment for 10 years or both.
Tier 2 goods are listed in Part 2 of Schedule 1AA to the Customs Regulations 1926 (the Principal Regulations). Several non-firearms weapons included in Schedule 2 to the PI Regulations are prescribed as tier 2 goods. The proposed Regulations would amend the Principal Regulations to update the list of tier 2 goods.
Subdivision GC of Division 1 of Part XII of the Customs Act sets out a regime under which permission to import prescribed prohibited imports can be granted after the goods have been imported. These goods are currently prescribed in regulation 170AA of the Principal Regulations and include several non-firearms weapons (Post Importation Weapons).
The amending Regulations would support amendments to the PI Regulations which are the subject of a separate Minute and which introduce a new regime in relation to the importation of non-firearms weapons. Those amendments remove certain weapons from the operation of regulation 4 and Schedule 2 to the PI Regulations and introduce a new regime relating to their importation. The amendments also introduce new import controls on parts for the weapons. This new regime is governed by new regulation 4H and new Schedule 13 to the PI Regulations. These weapons are set out in Part 2 of Schedule 13.
Tier 2 Weapons
Previously the tier 2 weapons that have moved to new Schedule 13 of the PI Regulations were prescribed as tier 2 Goods by reference to their item number in Schedule 2 to the PI Regulations. The amending Regulations prescribe the same goods by reference to their specification in Part 2 of new Schedule 13, therefore maintaining their status as Tier 2 goods.
In addition, the amending Regulations add parts for all the weapons to Schedule 1AA. Therefore parts for tier 2 weapons would also be tier 2 goods. The amending Regulations also add laser pointers to Schedule 1AA.
Post Importation Permission
Previously the weapons that were moved to new Schedule 13 were prescribed as post importation weapons by reference to their item number in Schedule 2. The amending Regulations prescribe the same goods by reference to their specification in Part 2 of new Schedule 13, therefore maintaining their post importation weapons status.
In addition, the amending Regulations prescribe parts for the all the weapons as Post Importation Weapons.
The amending Regulations commence on the day after they are registered on the Federal register of Legislative Instruments.
No consultation was undertaken in relation to the amending Regulations as they are minor and machinery in nature and do not substantially alter existing arrangements.
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Overview
The Customs Amendment Regulations 2011 (No. 5), issued under the authority of the Minister for Home Affairs, are designed to update the Customs Regulations 1926 to align with amendments to the Prohibited Imports Regulations 1956 (PI Regulations) concerning the importation of non-firearms weapons. These amendments respond to a gap in the legislative framework by introducing a new regime for the importation of such weapons and their parts, governed by new regulation 4H and Schedule 13 of the PI Regulations. The Customs Regulations 1926 are adjusted to reflect these changes by maintaining the status of previously designated tier 2 goods and post importation weapons, now referenced from the new Schedule 13, and by including parts for these weapons in the relevant schedules. The purpose of these amendments is to ensure consistency and continuity in the regulatory framework governing the importation of non-firearms weapons and their components, thereby supporting the enforcement of new import controls.
Scope and Application
The Customs Amendment Regulations 2011 (No. 5) amends the Customs Regulations 1926 under the Customs Act 1901 to update the list of tier 2 goods, which includes certain non-firearms weapons and laser pointers. These regulations apply to individuals, businesses, and entities involved in the import or export of these specified goods, ensuring compliance with the Customs Act and the associated prohibitions. The regulations extend to the entire Commonwealth of Australia, impacting anyone engaged in importing or exporting activities within the country. However, the regulations do not alter the existing penalties or the substantive legal framework; they merely update the list of items subject to specific import conditions and regulations. The amendments are consequential to the changes in the Prohibited Imports (Prohibited Weapons) Regulations 2011, reflecting a new regime for the importation of non-firearms weapons and their parts, which are detailed in the new Schedule 13 of the PI Regulations. These regulations are effective from the day they are registered on the Federal Register of Legislative Instruments, and no consultation was undertaken due to their minor and machinery nature.
Key Provisions
The Customs Amendment Regulations 2011 (No. 5) amend the Customs Regulations 1926 to update the list of tier 2 goods, as specified in section 270 of the Customs Act 1901 (subsection 233BAB(1)). This update is necessary to align with the changes introduced by the Prohibited Imports (Non-firearms Weapons) Regulations 2011, which were made under the authority of section 4 of the Customs Act. Specifically, the regulations reclassify several non-firearms weapons from Schedule 2 of the Prohibited Imports Regulations 1956 to a new Schedule 13, while simultaneously maintaining their status as tier 2 goods (section 233BAB(2)). Additionally, parts for these weapons are now also classified as tier 2 goods and are listed in Part 2 of Schedule 1AA.
The Customs Amendment Regulations 2011 (No. 5) impose several obligations on entities and individuals involved in the importation of tier 2 goods. Firstly, it is mandatory for anyone seeking to import tier 2 goods, which now include specific non-firearms weapons and their parts, to obtain the necessary approvals before undertaking such an import. This requirement is clearly stated in section 233BAB of the Customs Act, which makes it an offence to import or export tier 2 goods without the requisite approval. Furthermore, the regulations mandate that the importer must comply with all conditions and procedures set forth in the Customs Act and the Customs Regulations 1926 to ensure lawful importation.
Failure to comply with the provisions outlined in the Customs Amendment Regulations 2011 (No. 5) can lead to significant consequences. Section 233BAB of the Customs Act explicitly states that importing or exporting a tier 2 good without approval constitutes an offence. The maximum penalty for such an offence is a substantial fine not exceeding 2500 penalty units, imprisonment for up to 10 years, or both, as detailed in the explanatory statement. These penalties reflect the seriousness with which the Australian government treats the unauthorised importation of prohibited goods, underscoring the importance of adhering to the regulatory framework.
The Customs Amendment Regulations 2011 (No. 5) also address the post importation permission regime for certain non-firearms weapons. These weapons, previously covered under Schedule 2 of the Prohibited Imports Regulations 1956, have been moved to Schedule 13, with their status as post importation weapons retained. This transition is mirrored in the Customs Regulations 1926, where the same weapons are now referenced in Schedule 13. Additionally, parts for these weapons are classified as post importation weapons, ensuring that the import process remains stringent and controlled. These amendments aim to maintain regulatory integrity and safeguard national security by controlling the importation of potentially dangerous items.