Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5) 2000 No. 214
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 214
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5)
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 PI 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 amend the PI Regulations to
* prohibit the importation of toothfish specified in new regulation 4BA and Schedule 3A and
* modify the prohibition on the importation of two substances in Schedule 4 when occurring naturally as a component of the herb tribulus terrestris.
Items 2 and 3 of the Regulations insert new regulation 4BA and new Schedule 3A, to prohibit the importation of two species of fish commonly known as Patagonian toothfish and Antarctic toothfish, unless the permission in writing of the Minister administering the Fisheries Administration Act 1991 or an authorised person is obtained and presented to the Collector. Proposed item 1 amends regulation 4B Importation of fish, to exclude its application to the importation of toothfish, being the goods specified in new regulation 4BA and new. Schedule 3A.
These amendments to the PI Regulations are designed to implement the outcome of the Commission for the Conservation of Antarctic Marine Living Resources as it applies to these toothfish in sub-Antarctic waters. The Australian Fisheries Management Authority (AFMA) will be responsible for administering the provision of permissions for importation of toothfish.
Item 4 of the Regulations amends items 102 and 103 of Schedule 4 Drugs, by modifying the prohibition on the importation of the substances Harmaline, item 102 and Harmine, item 103, where they occur naturally as a component of the herb tribilus terrestris. Both harmaline and harmine are controlled substances and are currently prohibited imports.
The herb tribilus terrestris contains trace elements of harmaline and harmine and is approved for use in non-prescription medicines by the Therapeutic Goods Administration (TGA). There are currently 67 products containing the herb listed in the Australian Register of Therapeutic Goods for supply as complementary medicines.
The substances harmaline and harmine are not covered by the requirements of the United Nations Conventions controlling narcotic drugs, psychotropic substances or precursor chemicals. In these circumstances it is to remove the import control on harmaline and harmine when it occurs naturally as a component of tribilus terrestris.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5) were enacted to amend the Customs (Prohibited Imports) Regulations 1956, and they were issued under the authority of the Minister for Justice and Customs. The primary objective of these regulations is to address specific issues concerning the importation of certain goods into Australia. This includes implementing the outcomes of the Commission for the Conservation of Antarctic Marine Living Resources regarding the importation of toothfish in sub-Antarctic waters, as well as modifying the prohibition on certain substances that occur naturally within the herb tribulus terrestris. By enacting these amendments, the Australian government aims to align its customs regulations with international conservation efforts while also ensuring the safe and regulated importation of goods that contain controlled substances in naturally occurring forms.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5) amends the Customs (Prohibited Imports) Regulations 1956 to align with international conservation measures and update the regulatory framework concerning certain imports into Australia. The regulations apply to all persons and entities attempting to import the specified goods into Australia and are administered by the Australian Fisheries Management Authority and the Therapeutic Goods Administration. Geographically, the regulations apply across the Commonwealth of Australia, enforcing the prohibitions and restrictions set out in the Customs Act 1901. The regulations introduce a prohibition on the importation of two species of toothfish unless specific written permission is obtained from the Minister administering the Fisheries Administration Act 1991 or an authorised person. Furthermore, the regulations modify the import restrictions on the substances harmaline and harmine when they occur naturally as components of the herb tribulus terrestris, lifting the prohibition on these substances in this context. These amendments reflect the outcomes of the Commission for the Conservation of Antarctic Marine Living Resources and the regulatory stance of the Therapeutic Goods Administration regarding the use of tribulus terrestris in complementary medicines.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5) introduce specific changes to the Customs (Prohibited Imports) Regulations 1956, primarily by adding new regulations and amending existing ones to align with international conservation efforts and domestic regulatory standards. Under section 270 of the Customs Act 1901, these regulations provide the necessary framework for the prohibition or conditional allowance of certain imports. Specifically, regulation 4BA and Schedule 3A inserted by the new regulations prohibit the importation of Patagonian toothfish and Antarctic toothfish into Australia unless specific written permission is obtained from the Minister administering the Fisheries Administration Act 1991 or an authorised person. This is to comply with the conservation measures set by the Commission for the Conservation of Antarctic Marine Living Resources, ensuring sustainable management of these species in sub-Antarctic waters. Additionally, Schedule 4 is amended to modify the prohibition on the importation of the substances harmaline and harmine when they occur naturally as components of the herb tribulus terrestris. These substances, although controlled, are permitted for import when naturally occurring in this herb, which is approved for use in non-prescription medicines by the Therapeutic Goods Administration.
The Customs (Prohibited Imports) Amendment Regulations 2000 impose several obligations on parties involved in the importation of the specified items. Importers must ensure that any attempt to import Patagonian toothfish or Antarctic toothfish is accompanied by written permission from the relevant authority, as specified in the new regulations. This requirement underscores the importance of adhering to international conservation efforts. For the substances harmaline and harmine naturally occurring in tribulus terrestris, importers must ensure compliance with the modified prohibition to avoid unlawful importation. These regulations necessitate that importers are well-informed about the specific conditions and restrictions applicable to their goods, ensuring smooth and lawful importation processes.
The Customs (Prohibited Imports) Amendment Regulations 2000 also establish consequences for non-compliance with the specified provisions. Importing goods such as Patagonian toothfish or Antarctic toothfish without the required written permission, or harmaline and harmine when they occur naturally in tribulus terrestris without meeting the modified conditions, could result in significant legal repercussions. While the specific penalties are not detailed in the explanatory statement, non-compliance with customs regulations typically results in penalties under the Customs Act 1901, which may include fines, seizure of the prohibited goods, and potential criminal charges. These penalties underscore the importance of adhering to the regulations to avoid legal and financial consequences.