EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 250
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2005 (No. 5)
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 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 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 1 to the Principal Regulations specifies goods the importation of which is prohibited absolutely.
The purpose of the Regulations is to amend Item 26 of Schedule 1 to the Principal Regulations, which lists breeds of dog the importation of which is prohibited absolutely.
The National Consultative Committee on Animal Welfare (which is a non-statutory body established by the Minister for Primary Industries and Energy in 1989) has recommended that the Principal Regulations be amended to prohibit absolutely the importation of dogs of the breed Presa Canario. The Presa Canario breed of dog (otherwise known as the Perro de Presa Canario breed) originated in Spain and was originally bred for organised fights. Through breeding, it has become an extremely game, powerful and able fighting animal.
Hence, Presa Canario has been added to the list of dog breeds in Item 26 of Schedule 1 to the Principal Regulations.
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 amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
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Overview
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 5) were enacted to address the issue of prohibiting the importation of certain dog breeds into Australia, specifically to enhance animal welfare standards by preventing the introduction of breeds known for aggressive or dangerous characteristics. This legislative instrument amends the Customs (Prohibited Imports) Regulations 1956 under the authority of the Customs Act 1901. The policy objective is to align with recommendations from the National Consultative Committee on Animal Welfare, which identified the Presa Canario breed as a potentially dangerous import. The Regulations, issued by the Minister for Justice and Customs, aim to maintain the integrity of Australian animal welfare standards by prohibiting the absolute importation of this specific breed. These amendments are considered minor and do not significantly alter existing arrangements, thus no formal consultation process was undertaken.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 5) under the Customs Act 1901 are designed to address the importation of specific breeds of dogs into Australia. These Regulations apply to all persons and entities attempting to import goods, including dog breeds, into Australia. The scope of the Act extends to prohibiting the importation of certain breeds of dogs that are considered potentially dangerous or unsuitable for importation into Australia, thereby impacting the pet industry and those involved in the importation of animals. Geographically, the Act applies nationally, regulating imports across all state and territory borders within Australia. The Regulations explicitly extend the prohibition on the importation of the Presa Canario breed of dog, a breed historically associated with aggressive fighting characteristics. This amendment is in response to recommendations from the National Consultative Committee on Animal Welfare, a non-statutory body advising on animal welfare issues. There are no stated exclusions or exemptions in these Regulations, as they pertain to a specific breed of dog. The Regulations do not substantially alter existing arrangements and are considered minor or machinery in nature, hence no formal consultation was undertaken. These Regulations will come into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2005 (No. 5) amend the Customs (Prohibited Imports) Regulations 1956 by adding a new entry to Schedule 1, which lists breeds of dog the importation of which is prohibited absolutely. Specifically, the amendment introduces Item 26A in Schedule 1, which prohibits the importation of dogs of the breed Presa Canario (Item 26A). This addition ensures that the importation of Presa Canario dogs is strictly prohibited, aligning with the recommendations of the National Consultative Committee on Animal Welfare.
The Regulations impose a clear prohibition on the importation of Presa Canario dogs into Australia. This means that any attempt to import these dogs, whether for personal use, commercial purposes, or any other reason, will be in breach of the regulations. The amendment reflects a commitment to animal welfare and public safety, considering the aggressive nature and fighting history of the Presa Canario breed.
Violating these regulations by attempting to import a Presa Canario dog can result in significant consequences. Under the Customs Act 1901, anyone found to be in breach of the regulations may face both civil and criminal penalties. Civilly, the importation of prohibited goods can lead to the seizure of the goods, fines, and potential legal action to recover costs incurred by the Australian Border Force. Criminally, individuals or entities found guilty of contravening the regulations may face substantial fines, with the maximum penalty under section 275 of the Act being up to $22,200 for individuals and higher for corporations. These penalties underscore the seriousness of attempting to import prohibited items, including dangerous breeds of dogs.
Additionally, any individual or entity involved in the importation of prohibited goods may face further consequences, such as being banned from importing goods into Australia in the future. This not only affects the individual or entity directly involved in the breach but can also impact their broader business operations, particularly for those involved in the importation industry. The amendment aims to deter such activities by clearly defining the legal boundaries and the potential repercussions of non-compliance.