Customs (Prohibited Imports) Amendment Regulations 2003 (No. 6) 2003 No. 166
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 166
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2003 (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 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 Act does not specify any conditions that need to be met before the Governor-General may exercise the power to make the proposed regulations.
The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) control the importation of the goods specified in various regulations or schedules to regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or an authorised person.
The United Nations Security Council (the Council) adopted Resolution 1478 (2003) (the Resolution) on 6 May 2003. The Resolution in part provides that all States shall take the necessary measures to prevent, for a period of 10 months starting from 7 July 2003, the import into their territories of all round logs and timber products originating from Liberia.
The Resolution further provides that the Council will decide at the end of the 10-month period whether to extend these measures for a further period under the same conditions. It also provides that the Council will consider by 7 September 2003 how best to minimise any humanitarian or socio-economic impact of these measures, including the possibility of allowing timber exports to resume in order to fund humanitarian programmes.
The purpose of the amending Regulations is to amend the PI Regulations to implement the sanctions against Liberia imposed by the Resolution.
The amending Regulations inserted new regulation 4Q to prohibit the importation of round logs and timber products originating from Liberia unless the written permission of the Foreign Minister or an authorised person is produced to Customs at or before the time of importation.
Under regulation 4Q, the Foreign Minister or an authorised person who is an officer of the Department of Foreign Affairs and Trade, in deciding whether to grant a permission to import, must consider Australia's relations with other countries and Australia's obligations under international law.
The introduction of a permission-based control to implement the sanctions, as opposed to a total prohibition, allows the control to be easily adapted to any amendment to the sanctions that the Council may make in the future.
The regulations commenced on 7 July 2003.
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Overview
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 6) was enacted in response to United Nations Security Council Resolution 1478 (2003), which aimed to impose sanctions on Liberia by prohibiting the import of all round logs and timber products originating from the country for a period of 10 months. This legislative amendment was made under the authority of the Customs Act 1901, which allows the Governor-General to make regulations for the importation of goods into Australia. The policy objective of these regulations was to align Australia's customs laws with international sanctions, ensuring compliance with the United Nations' efforts to stabilise the situation in Liberia while also considering Australia's diplomatic relations and international legal obligations. The regulations took effect on 7 July 2003, introducing a permission-based control that could be adapted to any future changes in the sanctions imposed by the Security Council.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 6) applies to the importation of round logs and timber products originating from Liberia into Australia, extending the prohibition on such imports to align with the measures imposed by United Nations Security Council Resolution 1478. This amendment applies to any individual or entity attempting to import these goods into Australia, thereby affecting relevant industries and transactions. The Regulations are a direct application of the Customs Act 1901, with the geographic scope limited to Australian territory. The Regulations are designed to ensure compliance with international obligations by enforcing the embargo on Liberian timber products unless specific written permission is obtained from the Foreign Minister or an authorised officer, thereby facilitating future adjustments to the sanctions if required by the United Nations Security Council. The Regulations came into effect on 7 July 2003, the date specified in the Resolution, and allow for flexibility in response to any future decisions by the Council regarding the sanctions on Liberian timber.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 6) (the amending Regulations) make significant changes to the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) to align with the United Nations Security Council Resolution 1478 (2003). Specifically, section 4Q of the amending Regulations introduces a new prohibition on the importation of round logs and timber products originating from Liberia. This prohibition is contingent on obtaining written permission from either the Foreign Minister or an authorised person, who must be an officer of the Department of Foreign Affairs and Trade. This permission requirement allows for flexibility in adapting to any future changes in the sanctions imposed by the Council.
The obligations imposed by the amending Regulations are primarily directed at importers and relevant authorities. Importers must ensure that any round logs or timber products originating from Liberia are accompanied by the requisite written permission when attempting to enter Australia. This permission must be presented to Customs officials at the time of importation. The Foreign Minister or the authorised person, in exercising their discretion to grant permission, must take into account Australia's international relations and obligations under international law. This consideration ensures that the permission process aligns with broader foreign policy and legal commitments.
Failure to comply with the prohibitions set out in the amending Regulations may result in significant legal consequences. Under section 270 of the Customs Act 1901, any person who attempts to import prohibited goods without the necessary permission is liable for penalties. The Act does not specify the exact penalties for breaches, but typically, breaches of customs regulations can result in fines, the seizure of the prohibited goods, and potential criminal charges. The severity of the penalties can vary depending on the nature and extent of the breach, and the courts may impose fines and/or imprisonment for serious violations.