Customs (Prohibited Imports) Amendment Regulations 2000 (No. 3) 2000 No. 143
EXPLANATORY STATEMENT
STATUTORY RULES 2000 NO. 143
Issued by the Authority of the Minister for Justice and Customs
Customs (Prohibited Imports) Amendment Regulations 2000 (No. 3)
Customs Act 1901
Section 270 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.
Section 50 of the Act provides in part that:
(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 Regulations) control the importation of the goods specified in the various regulations or the Schedules to the Regulations, 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 permit the conditional importation of non-refillable containers containing hydrofluorocarbons (HFCs) designed for use in the maintenance of refrigerative units, including air conditioning units.
HFCs -are potent greenhouse gases and the minimisation of emissions from their use as alternative refrigerants is environmentally desirable. Non refillable containers are specifically manufactured single use containers that are charged with refrigerant and sold and used for servicing or commissioning equipment. After use the containers are sent for disposal at which time they are deliberately punctured, in accordance with pressure vessel regulations, allowing the residual amount of refrigerant to be emitted to the atmosphere. Disposable, non-refillable containers are also environmentally undesirable on the grounds that their single use operation is a wasteful form of packaging and contribute to the volume of waste going to landfill. The fluorocarbon industry is supportive of appropriate controls on the use of non-refillable, disposable containers.
The Regulations amend Schedule 3 of the Regulations, goods the importation of which is prohibited unless specified conditions, restrictions or requirements are complied with, by providing that the importation of the non refillable containers is prohibited unless the written consent of the Minister for the Environment and Heritage, or an officer of the Department of the Environment and Heritage who is authorised for this purpose, is produced to the Collector (item 1 Schedule 1).
The Regulations commence on 1 July 2000.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 3) were enacted to address the environmental concerns associated with the importation of non-refillable containers containing hydrofluorocarbons (HFCs). Authorised by the Minister for Justice and Customs, these regulations were established under section 270 of the Customs Act 1901, which allows for the creation of regulations to implement the Act. The specific intent of these amendments, as outlined in the explanatory statement, is to restrict the importation of environmentally harmful HFCs by requiring the written consent of the Minister for the Environment and Heritage or an authorised officer for their importation. This regulatory change aims to mitigate the environmental impact of HFCs, which are potent greenhouse gases, and to manage their use in a manner that aligns with the broader policy objective of reducing greenhouse gas emissions and waste.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 3) apply to the importation of non-refillable containers containing hydrofluorocarbons (HFCs) into Australia, specifically targeting the environmental concerns associated with these substances. The regulations amend the existing Customs (Prohibited Imports) Regulations 1956 to prohibit the importation of such containers unless written consent is obtained from the Minister for the Environment and Heritage or an authorised officer of the Department of the Environment and Heritage. This regulatory framework extends to all persons and entities attempting to import these specified containers, with no geographical exclusions within Australia’s jurisdiction. The regulations are designed to align with environmental objectives by mitigating the environmental impact of HFCs, which are potent greenhouse gases, and to reduce the environmental waste associated with single-use, non-refillable containers. The amendments ensure that the importation of these containers is tightly controlled, reflecting the industry’s support for minimising the environmental footprint of HFCs. The regulations came into effect on 1 July 2000 and are intended to enforce the prohibition through subordinate instruments, ensuring compliance with the overarching Customs Act 1901.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 3) primarily amend the Customs (Prohibited Imports) Regulations 1956 to modify the importation conditions for non-refillable containers containing hydrofluorocarbons (HFCs). These amendments are aimed at balancing environmental concerns with the need to allow certain imports for specific purposes, such as servicing refrigerative units. Section 4 of the Regulations specifies that importation of non-refillable containers containing HFCs is prohibited unless certain conditions are met. This is detailed in Schedule 3 of the Regulations, which outlines the specific restrictions and requirements for the importation of these goods (Schedule 1, item 1).
These Regulations impose obligations on parties or entities seeking to import non-refillable containers containing HFCs. The primary requirement is that any importer must obtain written consent from the Minister for the Environment and Heritage or an authorised officer of the Department of the Environment and Heritage before the goods can be imported into Australia. This written consent must be presented to the Collector of Customs upon importation (Schedule 1, item 1). This ensures that the importation process is closely monitored and controlled, aligning with environmental policies and standards set by the government.
Failure to comply with these Regulations can result in significant legal consequences. Importers who do not obtain the necessary written consent prior to importing non-refillable containers containing HFCs may face penalties. Although the specific penalties are not detailed within the text, under the Customs Act 1901, non-compliance with customs regulations can lead to fines and potential criminal charges. The penalties can be severe, reflecting the importance of adhering to environmental protection laws and regulations.