EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 174
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2005 (No. 3)
Subsection 270(1) 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 or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any other business relating to 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 Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) control the importation of the goods specified in the various regulations and the Schedules to the Principal Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.
Schedule 2 to the Principal Regulations specifies goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised person to import the goods has been granted.
The purpose of the Regulations is to substitute item 18C of Schedule 2 to the Principal Regulations, which previously restricted the importation of pistol crossbows, to extend the restriction to all crossbows.
Previously, item 18C of Schedule 2 to the Principal Regulations applied to pistol crossbows that are designed to be used with one hand and are capable of causing damage or injury to property or bodily harm, but did not apply to toy crossbows.
However, in July 2003, the Australasian Police Ministers’ Council (APMC) resolved that all Australian jurisdictions agree to restrict all crossbows, not just pistol crossbows. Further, the APMC resolved at that meeting that the Commonwealth should amend legislation relating to import restrictions for crossbows to ensure consistency between all Australian jurisdictions in the regulation of crossbows.
In order to give effect to these resolutions, the Regulations substitute item 18C of Schedule 2 to the Principal Regulations so that it applies to all crossbows, not just pistol crossbows. The exclusion of toy crossbows is maintained. The effect of the substitution is that the importation of all crossbows, (other than toy crossbows), is prohibited, without the permission of the Minister or an authorised person.
No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commence on the day after they are registered.
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Overview
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 3) were enacted to address the need for consistency across Australian jurisdictions in the regulation of crossbows. This legislative instrument amends the Customs (Prohibited Imports) Regulations 1956 by modifying Schedule 2 to extend the prohibition on the importation of crossbows to include all types, not just pistol crossbows, as decided by the Australasian Police Ministers’ Council in July 2003. This change ensures alignment with the broader policy objective of maintaining uniform regulations on crossbow importation across all Australian jurisdictions. Issued under the authority of the Minister for Justice and Customs, these regulations come into effect on the day after they are registered, without the need for prior consultation due to their minor nature and the maintenance of the exclusion for toy crossbows.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 3) are an amendment to the Customs (Prohibited Imports) Regulations 1956, which control the importation of specific goods into Australia by prohibiting importation absolutely or subjecting it to a permission or licence. These Regulations extend the prohibition to all crossbows, rather than only to pistol crossbows, as previously stipulated. This amendment aligns with the decision of the Australasian Police Ministers’ Council in July 2003, which aimed to ensure consistency across all Australian jurisdictions in the regulation of crossbows. The Regulations apply to all crossbows, except for toy crossbows, which remain exempt from the restrictions. The authority to make these regulations stems from the Customs Act 1901, which empowers the Governor-General to prohibit the importation of goods into Australia by regulation. These Regulations are effective from the day after they are registered and do not require consultation as they are minor and do not substantially alter existing arrangements.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 3) amend the Customs (Prohibited Imports) Regulations 1956, primarily by substituting item 18C in Schedule 2 to the Principal Regulations (Section 2). This change extends the restriction on the importation of crossbows to include all types of crossbows, not just pistol crossbows, aligning with the resolution of the Australasian Police Ministers' Council (APMC) from July 2003. This amendment ensures that the importation of all crossbows, except for toy crossbows, is prohibited without written permission from the Minister or an authorised person (Section 3(1)). The Minister's decision to not consult on these Regulations is justified by their minor or machinery nature, which does not significantly alter existing arrangements (Explanatory Statement).
The Regulations impose obligations on importers and relevant authorities to ensure compliance with the updated restrictions on crossbow importation. Importers must obtain written permission from the Minister or an authorised person before attempting to import any crossbow, except toy crossbows, into Australia. Authorities responsible for enforcing the Customs Act must monitor and regulate the importation of crossbows according to the amended Schedule 2, verifying that all imported goods comply with the new prohibitions (Section 2). The Minister retains the authority to grant or refuse permission to import crossbows, ensuring that only compliant goods enter the country (Section 3(1)).
Breaching the provisions of these Regulations by importing crossbows without the required permission is an offence under the Customs Act. The Act imposes penalties for such breaches, which may include fines and, in severe cases, imprisonment. The specific penalties are not detailed in the Explanatory Statement but are governed by the general provisions of the Customs Act, which can include substantial fines and penalties commensurate with the severity of the offence (Subsection 270(1)). Additionally, any goods that are imported in breach of these Regulations may be subject to seizure and forfeiture by the relevant authorities.