EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 346
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5)
Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4)
Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
Sections 50 and 112 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation or exportation, respectively, of goods into or from Australia and that the powers may be exercised by prohibiting the importation or exportation of goods absolutely or by prohibiting the importation or exportation of goods unless specified conditions or restrictions are complied with.
The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) and the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) control the importation or exportation, respectively, of the goods specified in the various regulations and Schedules.
The amending Regulations insert a new import and export prohibition on publications and other goods that advocate the doing of a terrorist act.
The amending Regulations complement amendments made to the Classification (Publication, Films and Computer Games) Act 1995 by the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 which inserted a new section 9A to require publications, films or computer games that advocate the doing of terrorist act to be refused classification. The Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 received Royal Assent on 28 September 2007 and commenced the day after.
Regulation 4A of the PI Regulations and regulation 3 of the PE Regulations prohibit without permission the importation or exportation, respectively, of objectionable goods. The amending Regulations amend subregulation 4A(1A) of the PI Regulations and subregulation 3(2) of the PE regulations to insert a new prohibition on the importation or exportation, respectively, of publications and goods which advocate the doing of a terrorist act. The importation or exportation of such publications or goods are now prohibited unless the Attorney-General or an authorised person had given written permission to import or export the goods.
The amending Regulations insert new subregulations 4A(1B) and 4A(1C) in the PI Regulations and subregulations 3(2A) and 3(2B) in the PE Regulations. These new subregulations, with specify when a publication or good advocates, or does not advocate, the doing of a terrorist act, are consistent with section 9A of the Classification (Publication, Films and Computer Games) Act 1995. Section 9A specifies when a publication, film or computer games advocates, or does not advocate, the doing of a terrorist act.
The amending Regulations also insert in subregulation 4A(1) of the PI Regulations and subregulation 3(1) of the PE Regulations a definition for the term ‘terrorist act’. The term ‘terrorist act’ has the same meaning as given to the term by section 100.1 of the Criminal Code.
No consultation was undertaken specifically in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
0721069A
0721073A
Overview
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5) and the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4) were enacted to address a gap in the regulation of the importation and exportation of materials that advocate terrorism. These amending Regulations, issued by the Minister for Justice and Customs under the authority of the Customs Act 1901, were designed to complement the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007, which aimed to ensure that materials advocating terrorist acts are refused classification. By prohibiting the importation or exportation of such materials without permission from the Attorney-General or an authorised person, the Regulations sought to prevent the spread of terrorist content into and out of Australia. The policy objective was to align customs regulations with broader legislative efforts to combat the dissemination of terrorist material, ensuring a cohesive approach to national security.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5) and the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4) amend the existing regulations under the Customs Act 1901 to include new prohibitions on the importation and exportation of publications and other goods that advocate the doing of a terrorist act. These regulations apply to all individuals, entities, and industries involved in the importation or exportation of goods into or from Australia. The regulations complement the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 which prohibits the classification of publications, films, or computer games that advocate terrorism. The geographic reach of these regulations is national, applying throughout Australia. The regulations extend the prohibition to include goods outside the scope of the Classification Act, thereby ensuring a broad jurisdictional reach. The regulations also include provisions for the Attorney-General or an authorised person to grant written permission to import or export such goods if necessary, thereby providing a controlled exception to the general prohibition. The regulations are consistent with the definition of "terrorist act" as specified in section 100.1 of the Criminal Code, ensuring uniformity in the application of these prohibitions.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5) and the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4) primarily amend existing regulations under the Customs Act 1901 to introduce new prohibitions on the importation and exportation of goods that advocate the doing of a terrorist act. These regulations, referenced as (No. 5) and (No. 4) respectively, build upon the framework established by the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the Customs (Prohibited Exports) Regulations 1958 (PE Regulations). Specifically, Regulation 4A of the PI Regulations and regulation 3 of the PE Regulations are amended to explicitly prohibit the importation and exportation of publications and goods that advocate terrorism, unless specific written permission is obtained from the Attorney-General or an authorised person. This aligns with the new legislative measures introduced by the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007, which mandates the refusal of classification for such materials.
The regulations impose obligations on importers, exporters, and other relevant parties to ensure that any goods they intend to import or export do not include materials that advocate terrorism. This requires them to obtain necessary permissions from the Attorney-General or an authorised person if such goods are involved. These obligations are designed to prevent the spread of terrorist material into and out of Australia, thereby supporting national security and aligning with broader legislative efforts to combat terrorism. The regulations also mandate that any goods defined as advocating terrorism must adhere to the criteria outlined in section 9A of the Classification (Publication, Films and Computer Games) Act 1995, ensuring consistency in the interpretation and application of these prohibitions across different legislative frameworks.
Breaches of these regulations can lead to significant legal consequences. The importation or exportation of goods that advocate terrorism without the requisite permissions constitutes an offence under the Customs Act 1901. Such offences can result in penalties, including fines and imprisonment, depending on the severity and intent behind the breach. The specific penalties are not detailed in the amending regulations but generally align with the broader provisions of the Customs Act, which can include fines up to several thousand dollars and imprisonment for up to five years for serious breaches. These penalties underscore the seriousness with which the Australian government treats the importation and exportation of terrorist material.