Customs (Prohibited Imports) Amendment Regulations 2003 (No. 7) 2003 No. 210
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 210
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2003 (No. 7)
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 or for the conduct of any business relating to the Customs.
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 various specified goods by prohibiting importation absolutely, or by making importation subject to a permission or licence.
Regulation 4S of the PI Regulations restricts the importation of disposable, novelty and inexpensive refillable cigarette lighters. Previously, a refillable lighter was defined there as a flame producing device that, among other characteristics, has a customs value of $2 or less.
Regulation 4S is intended to mirror the domestic controls on lighters set out in the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997 (the TP Regulations). The TP Regulations were amended on 1 March 2003 so that the domestic controls applied to refillable lighters with a customs value of $5 or less, up from $2 or less. The increase in the customs value was in line with current market prices and was intended to ensure that rising prices would not exempt such lighters from the required safety compliance standard.
The purpose of the amending Regulations is to amend regulation 4S to reflect the amendments to the TP Regulations, that is, to increase, from '$2 or less' to '$5 or less', the customs value of refillable lighters to which the import controls under regulation 4S apply.
The amending Regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 7) were enacted to align the import controls on certain lighters with the updated standards set in the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997. These regulations, issued under the authority of the Minister for Justice and Customs, amend the existing Customs (Prohibited Imports) Regulations 1956. The primary objective is to ensure that the import restrictions on refillable lighters, which were previously limited to those with a customs value of $2 or less, now include those with a customs value of up to $5, reflecting current market prices and maintaining safety compliance standards. This change was implemented to prevent a loophole where rising market prices could exempt certain lighters from necessary safety regulations. The amendments commenced upon gazette publication, ensuring immediate application of the updated standards.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 7) pertain to the importation of goods into Australia and are made under the authority of the Customs Act 1901. These regulations apply to all entities and persons seeking to import goods into Australia, particularly focusing on disposable, novelty, and refillable cigarette lighters. The primary objective is to align the importation controls on lighters with the amendments made to the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997, thereby increasing the customs value threshold for refillable lighters from $2 to $5. This change ensures that the safety standards for lighters imported into Australia are consistent with domestic regulations. The regulations commenced upon gazettal, thereby immediately extending their reach across the Commonwealth of Australia. No exclusions, exemptions, or thresholds are specified beyond the adjustments made to the customs value of refillable lighters. The scope of these regulations is further extendable or restrictable through subordinate instruments as deemed necessary by the Governor-General.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2003 (No. 7) primarily focus on modifying existing regulations concerning the importation of certain goods into Australia. Specifically, section 4S of the Customs (Prohibited Imports) Regulations 1956, which governs the importation of disposable, novelty, and refillable cigarette lighters, is being amended. Regulation 4S currently restricts the importation of refillable lighters that have a customs value of $2 or less. The amendment to these regulations changes this limit to $5 or less, thereby aligning the customs value threshold with the amendments made to the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997. This alignment ensures that the same safety standards and controls are uniformly applied to both imported and domestically produced lighters.
Under these regulations, the obligations imposed on parties importing lighters into Australia are clear. Importers must ensure that any refillable lighters with a customs value of $5 or less comply with the safety standards set forth in the Trade Practices (Consumer Product Safety Standard) (Disposable Cigarette Lighters) Regulations 1997. This includes adhering to any specified conditions or restrictions that ensure the safety of these lighters, such as those related to flammability and structural integrity. Failure to comply with these regulations could result in the goods being refused entry into Australia or, in some cases, being subject to seizure and disposal by the Australian Customs and Border Protection Service.
Non-compliance with these regulations can lead to significant legal consequences. The Customs Act 1901 outlines various offences and penalties for breaches of the Act and its regulations. For instance, knowingly importing goods that are prohibited or subject to conditions can result in civil penalties. The maximum penalty for such offences is generally outlined in the Customs Act itself, which can include fines that are substantial and commensurate with the severity of the breach. Additionally, criminal penalties may apply in cases of intentional or reckless non-compliance, leading to possible fines or imprisonment. It is important for importers to fully understand and adhere to these regulations to avoid facing these legal repercussions.