Customs Legislation Amendment Regulation 2013 (No. 3)

Overview

The Customs Legislation Amendment Regulation 2013 (No. 3) was issued under the authority of the Minister for Home Affairs, amending the Customs (Prohibited Imports) Regulations 1956 by repealing importation controls on wormwood, preparations containing oil of wormwood, and xylitol and preparations containing xylitol. The regulation was enacted to address the unnecessary continuation of an importation ban on these goods, which are not considered high-risk. Importers of these goods are already subject to existing regulatory frameworks, including compliance with the Australia New Zealand Food Standards Code and the Therapeutic Goods Act 1989, ensuring their safety and suitability for use in food and therapeutic products. The amendment aims to reduce administrative burdens without compromising public safety, reflecting a policy objective to streamline customs regulations efficiently while maintaining robust safeguards. This regulatory change is consistent with human rights, as it does not engage or limit any human rights or freedoms as recognised in international instruments.

Scope and Application

The Customs Legislation Amendment Regulation 2013 (No. 3) amends the Customs (Prohibited Imports) Regulations 1956 by repealing the prohibition on the importation of wormwood, preparations containing oil of wormwood, and xylitol and preparations containing xylitol into Australia. This change is applicable to all persons and entities involved in the importation of these goods, effectively removing the need for specific permits or licenses for their importation. The regulation applies nationally, covering all states and territories within Australia. The amendment does not introduce any new exclusions or exemptions but instead removes existing restrictions. The regulation is a minor adjustment that reduces administrative burdens for importers without compromising public safety, as these goods are already regulated under the Australia New Zealand Food Standards Code and the Therapeutic Goods Act 1989 for their intended uses in food and therapeutic products. The Customs Legislation Amendment Regulation 2013 (No. 3) also includes a minor consequential amendment to the Customs Regulations 1926 to align with the changes, ensuring that these goods are no longer subject to post-importation permissions. The regulation is considered to be of a minor or machinery nature and does not impact human rights as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Customs Legislation Amendment Regulation 2013 (No. 3) primarily targets the Customs (Prohibited Imports) Regulations 1956, specifically to lift the prohibition on the importation of certain goods. Regulation 5H of the Customs (Prohibited Imports) Regulations 1956 currently prohibits the importation of goods such as wormwood and its preparations, and xylitol and its preparations (section 5H, Schedule 8). The amendment seeks to repeal this prohibition, recognising that these items are not deemed high-risk and that existing legislative frameworks sufficiently regulate their importation and use. The Customs Legislation Amendment Regulation 2013 (No. 3) comes into effect on the day after it is registered on the Federal Register of Legislative Instruments. The Customs Legislation Amendment Regulation 2013 (No. 3) imposes certain obligations on importers of the specified goods. Importers must ensure compliance with the Australia New Zealand Food Standards Code and the Therapeutic Goods Act 1989 when importing these goods for food or therapeutic purposes. This ensures that imported goods meet the necessary safety and quality standards. Additionally, the amendment makes a minor consequential change to the Customs Regulations 1926, removing certain goods from the regime that allows for post-importation permission for specific goods. These obligations are intended to streamline the importation process while maintaining public safety. In terms of potential breaches, the Customs Legislation Amendment Regulation 2013 (No. 3) does not explicitly outline new offences or penalties for non-compliance with its provisions. However, failure to comply with the Australia New Zealand Food Standards Code or the Therapeutic Goods Act 1989 could result in penalties under those respective Acts. The maximum penalties for breaches of the Australia New Zealand Food Standards Code can include fines of up to $1,215,000 for corporations and $243,000 for individuals, depending on the severity and frequency of the offence. Similarly, under the Therapeutic Goods Act 1989, penalties can include fines of up to $2.2 million for corporations and $440,000 for individuals, along with potential imprisonment terms for serious offences. The regulation aims to reduce administrative burdens without compromising public safety, thereby indirectly ensuring compliance through existing legislative frameworks.