EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 5
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2007 (No. 1)
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 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 purpose of the amending Regulations is to amend the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to implement sanctions against Iran imposed by United Nations Security Council Resolution 1737 (2006) which was adopted on 23 December 2006 (the Resolution).
The Resolution provides, in part, that all Member States shall prevent the procurement by their nationals of any of the items specified in Security Council documents S/2006/814 and S/2006/815. The items in these documents relate to nuclear programmes and to ballistic missile programmes, respectively.
The amending Regulations inserts new regulation 4Z into the Principal Regulations to prohibit the importation from Iran of goods that are items, materials, equipment, goods or technology listed in Security Council documents S/2006/814 and S/2006/815 unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
The Foreign Minister may authorise an employee of the Department of Foreign Affairs and Trade to be an authorised person for the purposes of the proposed Regulations.
The Foreign Minister or an authorised person, in deciding whether to grant a permission to import, must take into account Australia's relations with other countries and Australia's obligations under international law.
The Foreign Minister or an authorised person may also include conditions and other requirements in a permission and the Foreign Minister may revoke or modify a permission in certain circumstances.
No consultation was undertaken specifically in relation to either of the amendments as they implement Australia’s international obligations under the Resolution.
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 2007 (No. 1) was enacted to address the need for implementing sanctions against Iran as imposed by United Nations Security Council Resolution 1737 (2006). The Regulations amend the Customs (Prohibited Imports) Regulations 1956 to align Australian law with the provisions of the Resolution, which mandates that all member states prevent the procurement by their nationals of items specified in Security Council documents S/2006/814 and S/2006/815. These documents pertain to goods related to nuclear and ballistic missile programs. The enacting body was the Australian Parliament, and the policy objective was to ensure compliance with Australia's international obligations under the Resolution by prohibiting the importation of specified items from Iran unless written permission from the Foreign Minister or an authorised person is provided. The Regulations commenced on the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 1) amends the Customs (Prohibited Imports) Regulations 1956 to implement sanctions against Iran under the United Nations Security Council Resolution 1737 (2006). The primary application of these regulations lies with the prohibition of the importation into Australia of goods that are specified in Security Council documents S/2006/814 and S/2006/815, which pertain to nuclear and ballistic missile programmes. This applies to any person or entity involved in the importation of these goods from Iran unless they have obtained written permission from the Foreign Minister or an authorised person. The regulations extend to all individuals and entities operating within Australia's jurisdiction, encompassing any goods imported into the country. This prohibition is enforced by requiring the presentation of a permission document to a Collector at the time of importation. The Foreign Minister or an authorised person must consider Australia's international relations and obligations when deciding whether to grant permission, which can be subject to conditions and may be revoked or modified. These regulations are an extension of the Customs Act 1901, which allows for the prohibition of goods import by regulation, and they come into effect on the day after registration on the Federal Register of Legislative Instruments.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 1) introduce significant changes to the Customs (Prohibited Imports) Regulations 1956, aligning them with the sanctions imposed by United Nations Security Council Resolution 1737 (2006). The primary objective of these amendments is to enforce the prohibition on the importation of goods from Iran that are related to nuclear and ballistic missile programs, as specified in the Security Council documents S/2006/814 and S/2006/815. Specifically, Regulation 4Z is introduced, which prohibits the importation of these goods from Iran unless written permission is obtained from the Foreign Minister or an authorised person (subsection 50(1) of the Customs Act 1901).
Under these new regulations, any person seeking to import goods from Iran that are listed in the specified Security Council documents must apply for written permission from the Foreign Minister or an authorised delegate. The Foreign Minister may delegate authority to an employee of the Department of Foreign Affairs and Trade to act as an authorised person for these purposes. When considering applications for permission, the Foreign Minister or the authorised person must take into account Australia's diplomatic relations with other nations and its obligations under international law. Additionally, any permission granted can include specific conditions and requirements, and the Foreign Minister retains the right to revoke or modify these permissions under certain circumstances.
Failure to comply with the provisions of these regulations can result in significant consequences. Importing goods that are prohibited without the necessary written permission constitutes an offence under the Customs Act 1901. Penalties for breaches can include fines and, in severe cases, imprisonment. The specific penalties are not detailed within the amending regulations but are generally aligned with the broader provisions of the Customs Act, which can include substantial financial penalties and imprisonment terms depending on the severity of the offence. The importance of these regulations lies in their role in enforcing international sanctions, thereby supporting global efforts to regulate and limit the spread of technologies and materials that could be used for weapons of mass destruction.