EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 110
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2007 (No. 2)
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 Regulations is to amend regulation 4Z of the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to extend the United Nations Security Council sanctions against Iran. Regulation 4Z currently implements United Nations Security Council Resolution 1737 (2006), which relates to Iran’s nuclear weapons program and which was adopted on 23 December 2006.
The Regulations implement further sanctions against Iran imposed by United Nations Security Council Resolution 1747 (2007), which was adopted on 24 March 2007. That Resolution provides, in part, that all Member States should prevent the procurement of arms or related matériel from Iran by their nationals, or using their flag vessels or aircraft, whether or not the goods originate in the territory of Iran.
The Regulations insert a new paragraph 4Z(2)(c) to prohibit the importation from Iran of arms or related matériel 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 Regulations also insert new definitions into subregulation 4Z(1) of ‘arms or related matériel’ and ‘paramilitary equipment’.
No consultation was undertaken specifically in relation to either of the amendments as they implement Australia’s international obligations under the Resolution 1747 (2007).
The 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. 2) were introduced to amend the Customs (Prohibited Imports) Regulations 1956 in order to implement further sanctions against Iran as imposed by United Nations Security Council Resolution 1747 (2007). Enacted by the Australian Parliament under the authority of the Minister for Justice and Customs, the Regulations were designed to align with Australia's international obligations, specifically extending the United Nations Security Council sanctions against Iran. The primary objective of the Regulations is to prohibit the importation of arms or related matériel from Iran unless written permission is obtained from the Foreign Minister or an authorised person. This amendment was made to ensure compliance with the United Nations Security Council's directive that member states should prevent the procurement of such materials by their nationals or through their flag vessels or aircraft, irrespective of the origin of the goods. The Regulations also introduce new definitions to clarify the scope of 'arms or related matériel' and 'paramilitary equipment'.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 2) apply to all individuals, entities, and industries within Australia and extend to the entire Commonwealth. These Regulations are an amendment to the Customs (Prohibited Imports) Regulations 1956 and aim to enforce United Nations Security Council sanctions against Iran by prohibiting the importation of specified goods unless certain conditions are met. Specifically, the Regulations prohibit the importation of arms or related matériel from Iran unless written permission is obtained from the Foreign Minister or an authorised person. This amendment is designed to align Australian practices with international obligations under United Nations Security Council Resolution 1747 (2007). The Regulations also introduce new definitions for terms such as 'arms or related matériel' and 'paramilitary equipment' to clarify the scope of the prohibition. The Regulations are effective from the day they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 2) primarily amend the existing Customs (Prohibited Imports) Regulations 1956 by updating the prohibitions on importing goods from Iran to align with recent United Nations Security Council Resolutions. Specifically, regulation 4Z is amended to include a new paragraph 4Z(2)(c) (paragraphs 1). This amendment prohibits the importation of arms or related matériel from Iran unless written permission is obtained from the Foreign Minister or an authorised person (paragraph 2). The regulations also introduce new definitions for 'arms or related matériel' and 'paramilitary equipment' in subregulation 4Z(1) (paragraph 3).
These Regulations impose obligations on parties and entities involved in the importation of goods from Iran. Importers must ensure that any arms or related matériel being imported from Iran have the appropriate written permission from the Foreign Minister or an authorised person (paragraph 4). This permission must be produced to a Collector at or before the time of importation (paragraph 5). The onus is on the importer to verify and comply with these requirements to avoid any legal repercussions.
Failure to comply with these Regulations can result in significant legal consequences. Importing arms or related matériel from Iran without the required written permission is an offence under the Customs Act 1901 (paragraph 6). The penalties for such an offence can include fines and, in severe cases, imprisonment (paragraph 7). The exact penalties are determined by the courts and can vary based on the circumstances of the offence, but the potential for significant financial and criminal penalties underscores the importance of strict compliance with these regulations.