Customs Amendment (Restricted Goods) Regulation 2013

Overview

The Customs Amendment (Restricted Goods) Regulation 2013 was enacted to address the gap in existing legislation regarding the unauthorised bringing into Australia of certain restricted goods, such as child pornography and child abuse material. This regulation amends the Customs Regulations 1926 to align with the new offence introduced under section 233BABAE of the Customs Act 1901 by the Customs Amendment (Miscellaneous Measures) Act 2013. The objective is to enable the Australian Customs and Border Protection to seize these restricted goods without a warrant at a Customs place, thereby enhancing the enforcement of prohibitions on these harmful materials. The regulation was issued under the authority of the Minister for Home Affairs and is considered compatible with human rights, as it upholds existing protections and seeks to further human rights by protecting the rights of the child in line with international obligations.

Scope and Application

The Customs Amendment (Restricted Goods) Regulation 2013 applies to all individuals and entities involved in the transportation or handling of goods entering Australia, specifically focusing on those engaged in the importation process or those who may inadvertently bring restricted goods into the country. This includes ship crew, courier services, and any individuals carrying personal effects through Australian customs. The regulation targets the conduct of bringing restricted goods into Australia, regardless of intent to import, and the transactions involving these goods. Geographically, the regulation operates under the purview of the Commonwealth, with its enforcement managed by Australian Customs and Border Protection. It is important to note that the regulation does not exclude any particular persons or entities but rather extends its application broadly to anyone who brings restricted goods into the country. Additionally, the regulation provides for its extension and restriction through subordinate instruments, allowing for amendments to the list of restricted goods as necessary. Child pornography and child abuse material are currently prescribed as restricted goods under this regulation.

Key Provisions

The Customs Amendment (Restricted Goods) Regulation 2013 amends the Customs Regulations 1926 to prescribe child pornography and child abuse material as restricted goods for the purposes of section 233BABAE of the Customs Act 1901. This amendment introduces a new offence for bringing into Australia these types of goods, which are already classified as prohibited imports under regulation 4A of the Customs (Prohibited Imports) Regulations 1956. Restricted goods, as defined in subsection 233BABAE(3), are goods that would be prohibited imports if they were imported into Australia and are prescribed by regulation. The Act and the subsequent regulation aim to address the current issue where prohibited items, such as child pornography, detected in the personal effects of ship crew cannot be seized unless there is an intention to import them. By classifying these goods as restricted, the regulation allows Australian Customs and Border Protection to seize these goods without warrant at a Customs place. The obligations imposed by the Customs Amendment (Restricted Goods) Regulation 2013 primarily concern the classification and handling of restricted goods within Australian jurisdiction. Under section 233BABAE of the Customs Act, any person who brings restricted goods into Australia commits an offence and may face civil penalties. The Customs Amendment (Restricted Goods) Regulation 2013 further clarifies that child pornography and child abuse material fall under the category of restricted goods. The regulation ensures that these items can be seized by Customs officials without a warrant, reflecting the intent to strengthen enforcement against the distribution and possession of such harmful materials. The definitions of child pornography and child abuse material, as contained in the Customs Act, are relied upon to provide a clear and legally robust framework for identifying and managing these restricted goods. Breaches of the Customs Amendment (Restricted Goods) Regulation 2013 can result in significant penalties. Section 233BABAE of the Customs Act imposes a civil penalty of up to 1000 penalty units for the offence of bringing restricted goods into Australia. The penalty units are determined based on the current index as outlined in the Crimes (Sentencing Procedure) Act 1999. Additionally, the Act provides for the seizure of restricted goods without a warrant, reinforcing the authority and capability of Customs and Border Protection officers to act swiftly and decisively against those found in violation of these regulations. The intent behind these measures is both punitive and deterrent, aiming to protect vulnerable populations, particularly children, from the distribution and possession of harmful materials.