Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1) 2000 No. 32
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 32
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1)
Section 50 of the Customs Act 1901 ("the Act") provides in part that:
11(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised - (c) by prohibiting the importation of goods unless specified conditions or restrictions are
complied with."
The Customs (Prohibited Imports) Regulations 1956 ("the Principal Regulations") control the importation of the goods specified by prohibiting importation absolutely, or making importation subject to the permission of a Minister or an authorised person.
The purpose of the Regulations is to place conditions on the importation of unmanufactured tobacco leaf., anti-personnel spray and chemicals used in the manufacture of anti-personnel spray.
The Regulations will limit access to unmanufactured tobacco leaf to legitimate manufactures of tobacco products or licensed dealers. Locally produced unmanufactured tobacco leaf is already controlled by legislation enforced by the Australian Taxation Office. Item 2401.10 of Schedule 3 of the Customs Tariff Act 1995 deals with tobacco, not stemmed/stripped. The proposal to make item 2401.10 a prohibited import is not to act as a barrier to the importation of tobacco leaf but to limit access to those licensed as manufacturers or registered dealers under provisions of the Excise Act 1901. Access to imported unmanufactured leaf will only be allowed with the Treasurer's approval and only to registered dealers and licensed manufactures (item 1.2 of schedule 1)
The regulations will further impose conditions on the importation of anti-personel sprays and chemicals for use in the manufacture of anti-personnel sprays by providing that: the goods must not be imported without the written consent of the Minister or the Commissioner of the Australian Federal Police or a Commissioner of a Police Force of a State or Territory and unless they are for the use of the Australian Federal Police, a Police Force of a State or Territory or a correctional institution of a State or Territory (item 1.1 of schedule 1).
The conditional prohibitions on the importation of anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays and tobacco leaf referred to in Customs Tariff Item 2401.10.00 are insertions in Schedule 3 of the Principal Regulations (item 1 of schedule 1).
The Regulations also make a number of technical amendments to correct terminology, schedule headings, references to Ministers and Departments (items 2 and 3 of schedule 1).
Details of the regulations are in the Attachment.
The regulations commenced on gazettal.
ATTACHMENT
Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1)
Regulation 2 - Commencement
Regulation 2 provides for Regulations to commence on gazettal.
Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956
Regulation 3 provides for the Regulations to be amended as set out in Schedule 1.
Schedule 1 - Amendments commencing on gazettal.
Item 1 of Schedule 1 - updates Schedule 3 of the Regulations "goods the importation of which is prohibited unless specified conditions, restrictions or requirements are complied with', to include the newly prescribed items.
Items 2 and 3 of Schedule 1 - amendment of terminology, headings and references.
Item 2 of Schedule 1 amends Schedule 6, Part 3, heading.
Item 3 of Schedule 1 amends and updates references to Ministers, authorised persons and departments.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1), enacted under the authority of the Minister for Justice and Customs, aims to amend the Customs (Prohibited Imports) Regulations 1956 to address specific gaps in the regulation of certain imports into Australia. This legislative instrument is a response to the need for tighter controls over the importation of unmanufactured tobacco leaf and chemicals used in the manufacture of anti-personnel sprays, ensuring these items are only accessible to authorised entities such as licensed manufacturers and law enforcement agencies. The overarching policy objective is to prevent the unauthorised importation of these items, thereby protecting public safety and supporting regulatory compliance. The regulations were made to correct terminology and references within the existing framework, ensuring clarity and consistency in the administration of import controls.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1) amends the Customs (Prohibited Imports) Regulations 1956 to introduce specific conditions and prohibitions on the importation of certain goods into Australia. These regulations apply to entities and individuals involved in the importation of unmanufactured tobacco leaf, anti-personnel spray, and chemicals used in the manufacture of anti-personnel sprays. The amendment ensures that only licensed manufacturers or dealers can import unmanufactured tobacco leaf, with permission required from the Treasurer, and restricts the importation of anti-personnel sprays and related chemicals to authorised law enforcement and correctional institutions, necessitating consent from relevant authorities. These regulations are applicable nationally across Australia, as they amend the principal regulations under the Customs Act 1901. There are no stated exclusions or thresholds in these regulations, but they do extend the application of the Act by adding specific conditions for the importation of certain goods. The commencement of these regulations is immediate upon gazette, and they include technical amendments to correct terminology and update references to various authorities and departments.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 1) (hereinafter "the Regulations") introduce amendments to the Customs (Prohibited Imports) Regulations 1956 (hereinafter "the Principal Regulations"). These amendments are designed to further regulate the importation of specific goods into Australia, namely unmanufactured tobacco leaf and anti-personnel sprays, as well as chemicals used in their manufacture. Section 11(1) of the Customs Act 1901 empowers the Governor-General to prohibit the importation of goods into Australia by regulation, subject to specified conditions or restrictions. The Regulations reflect this authority by imposing stringent conditions on the importation of these goods.
The Regulations impose several obligations on parties seeking to import unmanufactured tobacco leaf into Australia. Specifically, they limit the importation of this product to licensed manufacturers or registered dealers under the Excise Act 1901. Importation of unmanufactured tobacco leaf is only permitted with the approval of the Treasurer, and is restricted to entities that are either registered dealers or licensed manufacturers (Item 1.2 of Schedule 1). This ensures that access to unmanufactured tobacco leaf is tightly controlled and only available to those who are legally permitted to handle such materials. Furthermore, the Regulations require that the importation of anti-personnel sprays and chemicals used in their manufacture is subject to written consent from the Minister or the Commissioner of the Australian Federal Police, or a Commissioner of a Police Force of a State or Territory (Item 1.1 of Schedule 1). This consent is mandatory unless the goods are intended for use by the Australian Federal Police, a Police Force of a State or Territory, or a correctional institution of a State or Territory.
Non-compliance with the provisions of the Regulations can result in significant legal consequences. Under Section 195 of the Customs Act 1901, contravening the regulations may lead to criminal charges, with potential penalties including fines and imprisonment. The exact penalties for contravening specific provisions of the Regulations would depend on the nature and severity of the breach, as well as the discretion of the court. Additionally, the importation of prohibited goods without the requisite consent or approval could result in the seizure of the goods by Customs and Border Protection officers, and possible civil penalties under the relevant Acts.
The Regulations also include technical amendments to correct terminology, schedule headings, and references to Ministers and Departments (Items 2 and 3 of Schedule 1). These amendments are intended to ensure clarity and consistency in the application of the Regulations. Overall, the Regulations serve to reinforce Australia's commitment to controlling the importation of potentially harmful or regulated goods, thereby protecting public safety and maintaining regulatory standards.