EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 347
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5)
Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4)
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.
Sections 50 and 112 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation or exportation, respectively, of goods into or from Australia and that the powers may be exercised by prohibiting the importation or exportation of goods absolutely or by prohibiting the importation or exportation of goods unless specified conditions or restrictions are complied with.
The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) and the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) control the importation or exportation, respectively, of the goods specified in the various regulations and Schedules.
The amending Regulations insert a new import and export prohibition on publications and other goods that advocate the doing of a terrorist act.
The amending Regulations complement amendments made to the Classification (Publication, Films and Computer Games) Act 1995 by the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 which inserted a new section 9A to require publications, films or computer games that advocate the doing of terrorist act to be refused classification. The Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 received Royal Assent on 28 September 2007 and commenced the day after.
Regulation 4A of the PI Regulations and regulation 3 of the PE Regulations prohibit without permission the importation or exportation, respectively, of objectionable goods. The amending Regulations amend subregulation 4A(1A) of the PI Regulations and subregulation 3(2) of the PE regulations to insert a new prohibition on the importation or exportation, respectively, of publications and goods which advocate the doing of a terrorist act. The importation or exportation of such publications or goods are now prohibited unless the Attorney-General or an authorised person had given written permission to import or export the goods.
The amending Regulations insert new subregulations 4A(1B) and 4A(1C) in the PI Regulations and subregulations 3(2A) and 3(2B) in the PE Regulations. These new subregulations, with specify when a publication or good advocates, or does not advocate, the doing of a terrorist act, are consistent with section 9A of the Classification (Publication, Films and Computer Games) Act 1995. Section 9A specifies when a publication, film or computer games advocates, or does not advocate, the doing of a terrorist act.
The amending Regulations also insert in subregulation 4A(1) of the PI Regulations and subregulation 3(1) of the PE Regulations a definition for the term ‘terrorist act’. The term ‘terrorist act’ has the same meaning as given to the term by section 100.1 of the Criminal Code.
No consultation was undertaken specifically 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 2007 (No. 5) and the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4) were introduced by the Australian Government to address the need to prohibit the importation and exportation of goods that advocate the doing of a terrorist act, aligning with the legislative framework established by the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007. These amending Regulations were made under the authority of the Customs Act 1901, which empowers the Governor-General to make regulations for the effective implementation of the Act. The primary objective of these amendments is to reinforce Australia's border security by preventing the circulation of materials that could potentially incite terrorism, thereby protecting national security and public safety. These Regulations came into effect immediately after their registration on the Federal Register of Legislative Instruments, ensuring swift implementation to counter emerging threats.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5) and the Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4) amend the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958, respectively, to incorporate new prohibitions on the importation and exportation of publications and goods that advocate the doing of a terrorist act. These Regulations apply to any person or entity attempting to import or export such materials into or from Australia, aligning with the broader national legislative framework aimed at preventing the spread of terrorist content. This amendment ensures that the importation and exportation of goods that advocate terrorist activities are prohibited unless specific written permission is obtained from the Attorney-General or an authorised person, in accordance with the provisions of the Customs Act 1901. These Regulations do not apply to any other goods not specified under the new prohibitions and are consistent with the definitions and criteria set out in the Classification (Publication, Films and Computer Games) Act 1995, as well as the Criminal Code Act 1995.
Key Provisions
The main operative sections of these amending Regulations are subregulations 4A(1A) and 4A(1C) of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), and subregulations 3(2) and 3(2B) of the Customs (Prohibited Exports) Regulations 1958 (PE Regulations). These subregulations prohibit the importation or exportation of publications and goods that advocate the doing of a terrorist act, unless authorised by the Attorney-General or an authorised person. The Regulations define a "terrorist act" as per section 100.1 of the Criminal Code Act 1995 (Cth). They also specify when a publication or good advocates, or does not advocate, the doing of a terrorist act, aligning with section 9A of the Classification (Publication, Films and Computer Games) Act 1995. These provisions ensure consistency across different legislative frameworks concerning the regulation of terrorist material.
The amending Regulations impose obligations on importers, exporters, and other relevant parties to ensure that any publications or goods they intend to import or export do not advocate the doing of a terrorist act unless they have obtained the necessary written permission from the Attorney-General or an authorised person. This requirement aligns with the broader legislative framework under the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007. Importers and exporters must be vigilant in assessing the content of the goods they handle to comply with these stringent import and export controls. Failure to adhere to these requirements can result in significant legal repercussions.
Under the Customs Act 1901, any breach of the amended Regulations may result in civil or criminal consequences. The importation or exportation of prohibited goods without the necessary permission constitutes an offence. The maximum penalty for contravening these provisions can be substantial, reflecting the seriousness of the activities being regulated. The exact penalties can depend on the specific nature and circumstances of the breach, but they are designed to deter unauthorised handling of materials that advocate terrorist acts. The Regulations ensure that any breach is met with appropriate legal action, thereby upholding the integrity of Australia's border control measures.