Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) 2003 No. 53
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 53
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3)
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 provide in part that the Governor-General may, by regulation, prohibit the importation of goods from Australia and that the power may be exercised by prohibiting the importation of goods absolutely or 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 and the Schedules to the PI Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.
Regulation 4M of the PI Regulations restricted the importation of unset diamonds from Angola. This regulation was enacted to implement Australia's obligations to impose trade sanctions against Angola under United Nations Security Council (UNSC) Resolution 1173 (1998).
The UNSC recently adopted Resolution 1448 (2002), which terminated the trade sanctions imposed against Angola under Resolution 1173 (1998).
The purpose of the amending Regulations is to repeal regulation 4M of the PI Regulations, consistent with the termination of the trade sanctions against Angola under UNSC Resolution 1448 (2002).
The amending Regulations also amended the note in regulation 4MA of the PI Regulations which referred to regulation 4M.
The amending Regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) were enacted to address the need to align Australian regulations with changes in international sanctions imposed by the United Nations Security Council (UNSC). The regulations were issued under the authority of the Minister for Justice and Customs and amend the Customs (Prohibited Imports) Regulations 1956. The Customs Act 1901 provides the legislative framework allowing for the prohibition of certain imports through regulations. The specific problem these amendments address is the termination of trade sanctions against Angola, as stipulated in UNSC Resolution 1448 (2002), which superseded the earlier Resolution 1173 (1998). The policy objective of these amendments is to ensure that Australian regulations reflect the current international sanctions regime, thereby facilitating compliance with global trade obligations and promoting international stability.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) amends the Customs (Prohibited Imports) Regulations 1956 to reflect the termination of trade sanctions against Angola, imposed by the United Nations Security Council Resolution 1173 (1998) and subsequently resolved by Resolution 1448 (2002). These regulations, made under the authority of the Customs Act 1901, apply to any person or entity attempting to import goods into Australia that are subject to the restrictions outlined in the Customs (Prohibited Imports) Regulations 1956. The scope of these regulations is geographically limited to the Commonwealth of Australia, thereby affecting all states, territories, and international entities attempting to import goods into the country. These amending regulations specifically target and repeal regulation 4M of the PI Regulations, which previously restricted the importation of unset diamonds from Angola. The changes are effective from the date of gazette, and no further subordinate instruments are required to extend or restrict the application of these regulations.
Key Provisions
The main operative sections of the Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) concern the modification of the existing Customs (Prohibited Imports) Regulations 1956 (PI Regulations). Specifically, regulation 4M, which had restricted the importation of unset diamonds from Angola, is repealed (regulation 3). Additionally, there is an amendment to the note in regulation 4MA of the PI Regulations to remove references to regulation 4M (regulation 4). These changes are made in response to the termination of trade sanctions against Angola under United Nations Security Council Resolution 1448 (2002), thereby reflecting the updated international obligations and sanctions landscape.
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) impose specific obligations on entities involved in the importation of goods into Australia. Firstly, importers and relevant authorities must comply with the updated regulations, ensuring that the importation of unset diamonds from Angola is no longer restricted. This includes reviewing and updating any existing import permissions or licenses to align with the new regulatory framework. Additionally, the amendments require that all documentation and references to the repealed regulation 4M be adjusted to accurately reflect the current legal status. These obligations ensure that all parties adhere to the latest regulatory requirements and maintain compliance with international sanctions as they are updated.
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3) do not introduce new offences or penalties; however, failure to comply with the regulations could result in civil or criminal consequences under the Customs Act 1901. Importers who continue to adhere to the repealed regulation 4M may face penalties, including fines or other sanctions as prescribed by the Act. The potential penalties for non-compliance can be severe, and include imprisonment for serious offences, reflecting the importance of adhering to customs regulations. The specific penalties would be determined in accordance with the provisions of the Customs Act 1901 and any applicable penalties for non-compliance with regulations.