Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6) 2000 No. 215
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 215
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6)
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 permit the importation of drugs and antibiotics for the treatment of animals being imported into Australia.
Regulation 5 of the PI Regulations prohibits the importation of drugs into Australia, with exceptions. Item 2 of Schedule 1 inserts a new subregulation 5(2A) to insert a further exception. The prohibition will not apply where the drug is imported by a passenger on board a ship or aircraft for the medical treatment of an animal being imported and under the care of the passenger. The drug must also have been prescribed by a veterinarian for use of the animal and supplied in accordance with that prescription.
Regulation 5A of the PI Regulations prohibits the importation of antibiotic substances into Australia, with exceptions. Item 4 of Schedule 1 inserts new subregulation 5A(2A) to insert a further exception. The prohibition will not apply where the antibiotic is for the use of an animal being imported and under the care of a passenger on the same aircraft or ship and the amount imported does not exceed three months supply of the substance at maximum recommended dosage.
Item 5 of Schedule 1 amends regulation 5A of the PI Regulations to insert a further exception. The prohibition will also not apply to the importation of antibiotics where they are for use in the treatment of an imported animal that is under the care of a sporting group that is in Australia to participate in a national or international sporting event.
The amendments to the Regulations have been sought by the Parliamentary Secretary to the Minister for Health and Aged Care and, in particular, will assist Olympic and Paralympics teams and competitors importing animals for either use in competition or for personal use and facilitate their entry into Australia.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6) were enacted to address a specific gap in the importation of drugs and antibiotics necessary for the treatment of animals being imported into Australia. This legislation was introduced as a statutory rule under the Customs Act 1901, issued by the authority of the Minister for Justice and Customs. The primary objective of these regulations is to facilitate the entry of drugs and antibiotics for animals under the care of passengers or sporting groups, provided certain conditions are met. These amendments ensure that medical treatment for animals being imported, particularly those accompanying athletes in national or international events, is not hindered by existing importation bans, thereby supporting both the health of the animals and the logistical needs of the events.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6) serves to amend the existing Customs (Prohibited Imports) Regulations 1956, specifically addressing the importation of drugs and antibiotics for animals being imported into Australia. These regulations apply to individuals and entities involved in the importation of goods into Australia, with a specific focus on the importation of drugs and antibiotics for animals. The scope of these regulations extends nationally, applying across all states and territories in Australia. The regulations were made under the authority of Section 270 of the Customs Act 1901, which allows the Governor-General to make regulations to give effect to the Act, and Section 50, which specifically allows for the prohibition of the importation of goods, subject to certain conditions or restrictions. The amendments made by these regulations provide exceptions to the general prohibitions, allowing for the importation of drugs and antibiotics under specified conditions, such as for the medical treatment of animals being imported by passengers, provided that the drugs are prescribed by a veterinarian and supplied in accordance with the prescription. Similarly, antibiotics may be imported under certain conditions, such as for a period not exceeding three months' supply for the treatment of an imported animal under the care of a passenger or a sporting group participating in a national or international event. The regulations came into effect upon gazette publication.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6) introduces changes to the existing Customs (Prohibited Imports) Regulations 1956 (PI Regulations). Specifically, Regulation 5 of the PI Regulations, which prohibits the importation of drugs into Australia, has been amended by inserting a new subregulation 5(2A) via Item 2 of Schedule 1. This amendment allows for the importation of drugs provided they are imported by a passenger on board a ship or aircraft, intended for the medical treatment of an animal under the passenger's care, and must have been prescribed by a veterinarian. The drugs must also be supplied in accordance with the prescription.
These regulations further extend to antibiotics, with Regulation 5A of the PI Regulations being amended through Item 4 of Schedule 1. The amendment introduces a new subregulation 5A(2A), which allows for the importation of antibiotics if they are intended for use in an animal under the care of a passenger travelling on the same aircraft or ship and the amount does not exceed a three-month supply at the maximum recommended dosage. Additionally, Item 5 of Schedule 1 amends Regulation 5A to permit the importation of antibiotics for the treatment of an imported animal under the care of a sporting group participating in national or international events.
The obligations under these regulations include ensuring that any drugs or antibiotics imported for animal treatment comply with the specific conditions outlined. Passengers or sporting groups must have a valid prescription from a veterinarian for the drugs and must adhere to the dosage and supply limits for antibiotics. Failure to comply with these conditions may result in the goods being seized or refused entry into Australia.
Breaches of these regulations could lead to legal consequences. While the specific penalties are not detailed in the Explanatory Statement, breaches of the Customs Act 1901 can generally result in civil and criminal penalties. Civil penalties can include fines up to the statutory maximum, while criminal penalties can include fines and/or imprisonment, depending on the severity of the breach. The precise penalties would be determined in accordance with the broader provisions of the Customs Act.