EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 74
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2008 (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.
Section 50 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia. This 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 various regulations and Schedules. In particular, regulation 4 of the Principal Regulations prohibits the importation of goods specified in Schedule 2 to the Principal Regulations unless permission, in writing, of the Minister or an authorised person to import the goods has been granted.
The purpose of the amending Regulations is to introduce a restriction on the importation into Australia of hand-held articles commonly known as 'laser pointers'.
Laser pointers produce radiation over a narrow wavelength band that is emitted in the form of a pencil-like beam. Laser pointers were originally developed as an aid in conducting lectures and presentations and are also used in astronomy and surveying. However, there have been many recent incidents where stronger laser pointers have been shone directly at aircraft during take-offs and landings. This action may have the potential to distract or even temporarily blind pilots and, therefore, jeopardises the safe operation of an aircraft. The amending Regulations introduce a restriction on the importation of certain types of laser pointers. The new import control complements prohibitions that already exist in some States and Territories.
The amending Regulations amend Schedule 2 to the Principal Regulations and insert new item 48 into Schedule 2. New item 48 applies to hand-held articles that are commonly known as laser pointers that are designed or adapted to emit a laser beam with an accessible emission level of greater than 1 mW. Laser pointers that emit a laser beam with an accessible emission level of 1 mW or less are not subject to the new importation restriction.
As there are certain members of the community who continue to have legitimate uses for the stronger laser pointers, the importation of such laser pointers are not prohibited absolutely. These laser pointers may be imported if permission has been granted by the Minister or authorised person.
Consultation was undertaken with a broad range of Commonwealth agencies and a number of technical experts. No further consultation was undertaken because of the urgent need to control the importation of hand-held high powered laser pointers in response to ongoing incidences of misuse of these devices against aircraft.
The amending Regulations commence on 1 July 2008 to allow appropriate training and communication strategies to be undertaken.
0809486A
Overview
The Customs (Prohibited Imports) Amendment Regulations 2008 (No. 3) were enacted to address the growing concern of the misuse of high-powered laser pointers against aircraft, which poses a significant risk to aviation safety. This legislative instrument amends the Customs (Prohibited Imports) Regulations 1956 under the authority of the Customs Act 1901. The policy objective of the Regulations is to restrict the importation of hand-held laser pointers that have an accessible emission level greater than 1 milliwatt, while still allowing for the importation of lower-powered laser pointers for legitimate purposes, subject to Ministerial approval. These Regulations aim to complement existing prohibitions in various states and territories and respond to the urgent need to mitigate the risks associated with the misuse of these devices against aircraft. The amendments were introduced without further consultation due to the immediacy of the safety concerns, and they commenced on 1 July 2008 to enable timely implementation of appropriate training and communication strategies.
Scope and Application
The Customs (Prohibited Imports) Amendment Regulations 2008 (No. 3) apply to the importation of hand-held laser pointers into Australia, specifically targeting those with an accessible emission level greater than 1 mW. This amendment to the Customs (Prohibited Imports) Regulations 1956, under the authority of the Customs Act 1901, aims to address the safety risks posed by the misuse of high-powered laser pointers, particularly the incidents where they have been directed at aircraft during critical phases of flight. The regulation introduces a restriction that complements existing state and territory prohibitions, thereby creating a unified approach across Australia. Importation of such laser pointers is not absolutely prohibited but requires prior written permission from the Minister or an authorised person, ensuring that legitimate uses are not unduly restricted. These regulations apply nationally and were enacted with a sense of urgency due to the potential safety hazards associated with these devices, with the aim of providing sufficient time for necessary training and communication strategies to be implemented before their commencement on 1 July 2008.
Key Provisions
The Customs (Prohibited Imports) Amendment Regulations 2008 (No. 3) introduce specific restrictions on the importation of certain laser pointers into Australia. Under section 50 of the Customs Act 1901, the Governor-General is empowered to prohibit the importation of goods, either absolutely or under certain conditions. This legislative instrument builds on the existing framework by amending Schedule 2 of the Customs (Prohibited Imports) Regulations 1956, adding a new item 48. This new item targets hand-held laser pointers designed or adapted to emit a laser beam with an accessible emission level greater than 1 milliwatt (mW). This change aims to prevent the importation of high-powered laser pointers, which have been increasingly used to endanger aircraft during critical phases of flight.
These Regulations impose obligations on importers to ensure that any laser pointers being imported comply with the specified emission levels. Importers must verify that the laser pointers do not exceed 1 mW in accessible emission level, or obtain necessary permissions from the Minister or an authorised person if the pointers exceed this limit. The Regulations also mandate that importers provide any required documentation to support the importation of higher-powered laser pointers. Failure to comply with these requirements can result in the goods being refused entry into Australia.
Breaches of these Regulations can lead to various legal consequences. Under section 164 of the Customs Act 1901, any person who contravenes the provisions of the Regulations may be liable for penalties. The Act provides for both civil and criminal penalties. Civilly, an importer may be subject to financial penalties, with the maximum penalty varying based on the severity of the offence. Criminally, individuals found guilty of contravening the Regulations can face imprisonment, reflecting the seriousness of actions that jeopardise aviation safety. These penalties underscore the importance of adhering to the stipulated import controls on laser pointers.