Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4) 2003 No. 54
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 54
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4)
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 the Governor-General may, by regulation, prohibit the importation of goods into 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 principal Regulations) control the importation of the goods specified in the various regulations and the Schedules to the Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.
In particular, regulation 4U of the principal Regulations prohibits the importation of goods listed in Schedule 12 to the principal Regulations, unless permission in writing is given by the relevant Minister to import the goods. Schedule 12 sets out the goods which are subject to a permanent ban imposed under the Trade Practices Act 1975 (the TP Act).
The purpose of the amending Regulations is to prohibit the importation of candles with wicks that contain greater than 0.06% lead by weight, and candle wicks that contain greater than 0.06% lead by weight.
These particular goods are subject to a permanent ban imposed on 30 October 2002 under the TP Act. The ban followed an earlier declaration published on 28 March 2001 under the TP Act, declaring these goods to be unsafe goods which will or may injure a person.
The amending Regulations inserted these goods into Schedule 12 to the principal Regulations, so that these goods can only be imported with the permission of the Minister administering Part V of the TP Act.
The amending Regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4) were enacted to address the need for updating the Customs (Prohibited Imports) Regulations 1956, specifically in response to a permanent ban on certain goods under the Trade Practices Act 1975. The Customs Act 1901 empowers the Governor-General to make regulations that prohibit the importation of goods into Australia, either absolutely or under specific conditions. This particular amendment was issued under the authority of the Minister for Justice and Customs, and its primary objective was to incorporate the prohibition on the importation of candles with wicks containing more than 0.06% lead by weight, and candle wicks with more than 0.06% lead by weight into Schedule 12 of the principal Regulations, thereby aligning with the ban imposed by the Trade Practices Act 1975. This legislative change ensures that such hazardous goods are subject to stricter import controls, aligning with the policy objective to protect public safety by preventing the importation of unsafe goods.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4) amends the Customs (Prohibited Imports) Regulations 1956 to incorporate new prohibitions on the importation of certain goods, specifically candles with wicks that contain more than 0.06% lead by weight and candle wicks that contain more than 0.06% lead by weight, into Australia. These prohibitions align with the permanent ban imposed under the Trade Practices Act 1975 due to safety concerns regarding the potential for these items to injure a person. The amendment applies to all persons and entities attempting to import these specified goods into Australia, reinforcing the national regulatory framework designed to protect public safety. These Regulations have a national jurisdictional reach across all states and territories of Australia. The amendment came into effect immediately upon gazettal, ensuring that the new prohibitions are enforced without delay. The Regulations extend the application of the Customs Act 1901 by specifying additional goods that are prohibited from importation unless specific written permission is granted by the relevant Minister.
Key Provisions
The main operative sections of the Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4) are sections that update the existing regulations to align with the prohibitions set under the Trade Practices Act 1975 (TP Act). Specifically, section 3 of the amending Regulations inserts new entries into Schedule 12 of the Customs (Prohibited Imports) Regulations 1956 (principal Regulations). These entries pertain to candles with wicks containing more than 0.06% lead by weight and candle wicks with the same lead content restriction. This amendment ensures that the importation of these goods is controlled and requires written permission from the relevant Minister, in this case, the Minister administering Part V of the TP Act.
The obligations imposed by the amending Regulations are primarily on importers and those seeking to bring the specified goods into Australia. Importers must ensure that any candles or candle wicks they intend to import comply with the lead content restrictions, as outlined in the principal Regulations. Moreover, they must obtain written permission from the Minister before attempting to import these items. Failure to comply with these requirements could result in the goods being detained or seized upon entry into Australia. Additionally, the Minister has the authority to impose any other conditions or restrictions deemed necessary to enforce the prohibitions set out in the TP Act.
Under the amending Regulations, there are no specific offences or penalties stated within the Regulations themselves. However, any breach of the prohibitions or conditions could lead to actions under the Customs Act 1901 and the Trade Practices Act 1975. Under the Customs Act, unauthorised importation of prohibited goods can result in penalties that include fines and, in severe cases, imprisonment. The penalties for breaches under the TP Act can include substantial fines, which are determined by the seriousness of the breach. The maximum penalty for corporations can be significant, reflecting the potential harm these goods could cause if not properly regulated.