Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1)

Overview

The Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1) were enacted to align Australian customs regulations with United Nations Security Council Resolution 1173 (1998), which aims to impose sanctions against Uniao Nacional para a Independencia Total de Angola (UNITA) by prohibiting the import of Angolan diamonds not controlled through the Government of Unity and National Reconciliation's Certificate of Origin regime. Authorised by the Customs Act 1901, these regulations were issued by the Minister for Justice and Customs to ensure compliance with international mandates and to protect Australia's foreign relations and obligations under international law. The key policy objective is to prevent the importation of unset diamonds from Angola unless specific written permission is obtained from the Minister for Foreign Affairs or an authorised person, thereby supporting global efforts to curb the illicit trade of conflict diamonds. These regulations introduce a technical amendment by renaming the existing Customs (Prohibited Imports) Regulations to the Customs (Prohibited Imports) Regulations 1956, and incorporate new controls on the importation of unset diamonds from Angola. The regulations specify that importation will be prohibited unless permission is granted and presented to a Collector at the time of importation. The Minister or authorised person must consider whether the diamonds are controlled under the Certificate of Origin system and must also account for Australia's international relations and obligations when deciding whether to grant permission. Conditions and requirements for the permission may be specified, and failure to comply can result in the revocation or variation of the permission.

Scope and Application

The Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1) apply to the importation of goods into Australia, specifically targeting the importation of unset diamonds from Angola. These regulations are enacted under the Customs Act 1901, which grants the Governor-General the authority to prohibit or regulate the importation of goods. The primary purpose of these regulations is to implement sanctions against Uniao Nacional para a Independencia Total de Angola (UNITA) in compliance with United Nations Security Council Resolution 1173 (1998), which mandates that the importation of diamonds not controlled through Angola's Certificate of Origin regime be prohibited. These regulations impose a stringent control on the importation of unset diamonds from Angola, requiring written permission from either the Minister for Foreign Affairs or an authorised person. The Minister or authorised person must consider several factors, including Australia's international relations and obligations, before granting permission. Permissions can include conditions or requirements for compliance, and failure to adhere to these conditions may result in the revocation of the permission. These regulations come into effect upon gazettal and include a technical amendment renaming the existing Customs (Prohibited Imports) Regulations as the Customs (Prohibited Imports) Regulations 1956.

Key Provisions

The Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1) introduces significant changes to the Customs (Prohibited Imports) Regulations 1956, primarily targeting the importation of unset diamonds from Angola. Under section 50 of the Customs Act 1901, these regulations prohibit the importation of specified goods unless certain conditions are met, such as obtaining a written permission from the Minister for Foreign Affairs or an authorised person. Regulation 4M, inserted into the Customs (Prohibited Imports) Regulations, mandates that the importation of unset diamonds from Angola is prohibited unless a written permission is obtained and presented to a Collector at the time of importation. The Regulations impose clear obligations on importers of unset diamonds from Angola. Importers must ensure they have obtained the requisite written permission from the Minister for Foreign Affairs or an authorised person before attempting to import the diamonds. This permission may come with specific conditions or requirements that the importer must adhere to, such as the quantity of diamonds that may be imported and the circumstances under which they may be imported. The Minister or authorised person issuing the permission must consider whether the diamonds are controlled through the Certificate of Origin system of the Government of Unity and National Reconciliation of Angola, as well as Australia's international obligations and relations with other countries. Failure to comply with the provisions of these Regulations can lead to serious consequences. If an importer does not comply with the conditions of their permission, the Minister may revoke or vary the permission. Such revocation or variation may also occur if permitting or continuing to permit the importation of the diamonds would infringe Australia's international obligations. Additionally, if the importer does not comply with the conditions or requirements specified in their permission, the Minister may revoke the permission outright. Breaches of these regulations can result in significant penalties, although the exact penalties are not specified within the text provided. However, given the context of international sanctions and the seriousness of the offence, it is reasonable to infer that penalties could be substantial, both civilly and criminally.