Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019

Administered by Department of Home Affairs

Legislation au F2019L00522 In force Legislative Instrument

Legislation content

 

Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019

made under subregulation 4DA(9) of the Customs (Prohibited Imports) Regulations 1956.

Compilation No. 1 

Compilation date: 18 January 2025

 

Includes amendments up to: Customs (Prohibited Imports) Amendment (Importation of Tobacco Products) Approval 2025 (F2025L00019)

About this compilation

This compilation

This is a compilation of the Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 that shows the text of the law as amended and in force on 18/01/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

 

1  Name

3  Authority

4  Definitions

5  Approval of importation of tobacco products

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

1  Name

  This instrument is the Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019.

3  Authority

  This instrument is made under subregulation 4DA(9) of the Customs (Prohibited Imports) Regulations 1956.

4  Definitions

  In this instrument:

  Act means the Customs Act 1901.

  cargo report has the same meaning as in subsection 4(1) of the Act.

  Regulation means the Customs Regulation 2015.

  tobacco product has the same meaning as in subsection 4(1) of the Act.

5  Approval of importation of tobacco products

  For the purposes of subregulation 4DA(9) of the Regulations, the importation into Australia of the following tobacco products is approved:

 (a) tobacco products in excess of the amounts mentioned in paragraph 27(2)(g) of the Regulation that are imported:

 (i) by a passenger on, or a member of the crew of, a ship or aircraft arriving in Australia, if the passenger or member is at least 18 years of age; or

 (ii) as part of the unaccompanied personal or household effects of a passenger on, or a member of the crew of, a ship or aircraft arriving in Australia, if the passenger or member is at least 18 years of age;

Note: Paragraph 27(2)(g) of the Regulation refers to amounts in excess of 25 cigarettes or 25 grams of tobacco products.

 (c) tobacco products imported into Australia where the cargo report in relation to the tobacco products states that the destination of the tobacco products is a place outside Australia;

 (d) tobacco products imported for sale by military commissaries to persons the subject of a Status of Forces Agreement between the Government of Australia and the government of another country or other countries.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Customs (Prohibited Imports)(Importation of Tobacco Products) Approval 2019

04/04/2019

01/07/2019

 

Customs (Prohibited Imports) Amendment (Importation of Tobacco Products) Approval 2025

17/01/2025

18/01/2025

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 4

rs F2025L00019

s 5

am F2025L00019

 

 

Overview

The Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 was enacted to provide a regulatory framework for the importation of certain tobacco products into Australia, thereby addressing the problem of illegal importation and smuggling of tobacco products. This legislative instrument was made under subregulation 4DA(9) of the Customs (Prohibited Imports) Regulations 1956 and was introduced to address the gap in regulation concerning the importation of tobacco products. The policy objective of this legislation is to ensure that the importation of tobacco products into Australia is controlled and monitored effectively, thereby supporting public health initiatives aimed at reducing tobacco use. This legislative instrument is overseen by the relevant federal authorities and is subject to amendments as necessary to maintain its effectiveness in achieving its policy objectives.

Scope and Application

The Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 governs the importation of tobacco products into Australia, made under subregulation 4DA(9) of the Customs (Prohibited Imports) Regulations 1956. This legislative instrument applies to the importation of tobacco products by passengers or crew members who are at least 18 years old, provided the tobacco products are either carried as personal or household effects or the cargo report indicates that the destination is outside Australia. It also permits the importation of tobacco products for sale by military commissaries to persons covered under a Status of Forces Agreement between Australia and another country. The scope of this approval is limited to Australia, and any amendments or changes to this legislative instrument are accessible on the Australian Government's Federal Register of Legislation. The approval does not extend to all forms of tobacco products but is specific to the circumstances outlined in the legislation. The approval came into effect on 1 July 2019 and was later amended by the Customs (Prohibited Imports) Amendment (Importation of Tobacco Products) Approval 2025, which commenced on 18 January 2025.

Key Provisions

The Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 (section 5) permits the importation of tobacco products under certain conditions. It allows for the importation of tobacco products in excess of the specified amounts if they are carried by a passenger or crew member who is at least 18 years old (section 5(a)), as part of unaccompanied personal or household effects of such a person (section 5(a)(ii)), if the destination stated in the cargo report is outside Australia (section 5(c)), and if imported for sale by military commissaries to persons covered by a Status of Forces Agreement (section 5(d)). These provisions aim to regulate the importation of tobacco products to ensure compliance with customs regulations and to control the distribution and sale of tobacco products within Australia. The Act imposes specific obligations on individuals and entities involved in the importation of tobacco products. Passengers and crew members must adhere to the age requirement and the limits on the quantity of tobacco products they can import. Importers must ensure that the cargo report accurately reflects the destination of the tobacco products, and military commissaries must verify that the recipients of tobacco products are covered under a Status of Forces Agreement. Failure to comply with these requirements may result in the seizure of the tobacco products and potential legal consequences. Breaches of the provisions outlined in this legislation may lead to various civil and criminal consequences. Importers who do not comply with the specified conditions for the importation of tobacco products may face fines and penalties as prescribed under the Customs (Prohibited Imports) Regulations 1956. The maximum penalties for contravening these regulations can be significant, including fines up to a certain amount and, in severe cases, imprisonment. Additionally, persistent or egregious violations may result in further sanctions, such as the suspension or revocation of import licenses. These measures are designed to deter non-compliance and to uphold the integrity of Australia’s customs regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.