EXPLANATORY STATEMENT
Select Legislative Instrument No. 112, 2014
Issued by the Authority of the Assistant Minister for Immigration and Border Protection
Customs Act 1901
Customs (Prohibited Imports) Amendment (Woolpacks) Regulation 2014
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 this power may be exercised by prohibiting the importation of goods absolutely, in specified circumstances, from a specified place, or unless specified conditions or restrictions are complied with.
The purpose of the Regulation is to amend Regulation 4K of the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to give effect to an updated woolpack standard approved by the Australian Wool Exchange Limited Board on 1 July 2013.
Regulation 4K of the Principal Regulations regulates the importation of woolpacks and woolpack caps to ensure that they meet the industry approved standard and preserve the wool in its best condition, free from contaminants during storage and transport. A woolpack is a package or wrapping used to pack greasy wool. A woolpack cap is a ‘lid’ to an old style woolpack.
Under subregulation 4K(1) of the Principal Regulations, a person requires a permission from the Minister for Agriculture or an authorised person from the Department of Agriculture to import woolpacks into Australia. The Regulation now makes a permission under subregulation 4K(1) subject to the condition that the permission be produced if requested by a Collector. A Collector is defined in paragraph 8(1)(a) of the Act to mean the CEO; or Regional Director for a State or Territory; or any officer doing duty in the matter in relation to which the expression is used.
Subregulation 4K(3) states that a permission under subregulation (1) is not required in relation to unused woolpacks for which there is produced to a Collector a certificate issued by a prescribed testing authority stating that the woolpacks conform to an Australian Wool Exchange Standard. The Australian Wool Exchange sets the standards for the manufacturing of woolpacks. The standards help protect the Australian wool industry from woolpacks being made from undesirable materials that may contaminate the wool. The Australian Wool Exchange Standard No. 3, published on 1 July 2013 (the updated standard) is the latest woolpack standard approved by the Australian Wool Exchange Limited Board. The updated standard provides for greater structural integrity of woolpacks and helps ensure that when packed and pressed, woolpacks meet road safety and transport regulations.
The Regulation amends subregulation 4K(3) to require the certificate issued by a prescribed testing authority to state that the woolpacks conform to Australian Wool Exchange Standard No. 3, published on 1 July 2013, and only require the certificate to be produced to a Collector if requested. These amendments would assist the Australian Customs and Border Protection Service to regulate the importation of woolpacks and ensure that importers comply with Australian woolpack standards.
The Regulation also removes references in the Principal Regulations to industry terms, standards and organisations which are now obsolete. For example, the Regulation removes references to woolpacks which consist of jute or multifilament nylon or premium grade high density polyethylene as these materials are no longer used to manufacture woolpacks and are no longer acceptable to the Australian wool industry. The Regulation also removes references to ‘woolpack caps’ which were lids to old style woolpacks however, in accordance with the updated standard, old style woolpacks and woolpack caps are no longer being manufactured or acceptable to the Australian wool industry.
The Regulation also removes obsolete references to the Australian Wool Research and Promotion Organisation and the Australian Wool Research and Promotion Organisation Standards as these no longer exist.
The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
The Regulation is minor or machinery in nature and does not substantially alter existing arrangements. Therefore no formal consultation was undertaken in relation to the amendments.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
OPC60526-C
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Customs (Prohibited Imports) Amendment (Woolpacks) Regulation 2014
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulation
The Regulation amends Regulation 4K of the Customs (Prohibited Imports) Regulations 1956 to give effect to an updated woolpack standard approved by the Australian Wool Exchange Limited Board on 1 July 2013 and to remove references to industry terms, standards and organisations which are now obsolete.
The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Human Rights implications
This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
This legislative instrument does not raise any human rights issues.
Assistant Minister for Immigration and Border Protection