EXPLANATORY STATEMENT
Statutory Rules 1985 No. 96
Customs (Prohibited Imports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce.
Regulation 4 of the Customs (Prohibited Imports) Regulations provides that the importation into Australia of the goods specified in the Second Schedule to those Regulations is prohibited unless the permission in writing of the Minister to import the goods has been granted.
Item 8(a) of the Second Schedule specifies confectionery containing more than 1.15 per centum by volume of alcohol.
Regulation 2 repeals Item 8(a) of the Second Schedule as a consequence of developments in State food regulations which now permit the sale of liqueur confectionery subject to labelling requirements.
Regulation 1 amends sub-regulation 4N(3) of the Customs (Prohibited Imports) Regulations to delete the reference to the Department of Transport and substitute the words “that Department” which, in context, is a reference to the Department of Aviation. The changed reference to Departments is a consequence of the Administrative Arrangement Orders of March 1983.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1985, issued under the authority of the Minister of State for Industry, Technology and Commerce, addresses the need to update certain regulatory provisions in light of changes in state food regulations and administrative arrangements. The primary issue this amendment seeks to resolve is the outdated prohibition on the importation of confectionery containing more than 1.15 per centum by volume of alcohol, which no longer aligns with state-level labelling requirements that now permit such products under specific conditions. Additionally, the amendment rectifies a reference within the regulations to ensure consistency with the current administrative arrangements, specifically updating the reference from the Department of Transport to the Department of Aviation. This legislative update aims to harmonise federal regulations with state laws and administrative structures, thereby facilitating smoother trade compliance and enforcement.
Scope and Application
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1985 No. 96, governs the importation of goods into Australia, specifically addressing the prohibition of certain items unless specific written permission is obtained from the Minister. Regulation 4 of these Regulations originally prohibited the importation of confectionery containing more than 1.15 per centum by volume of alcohol, as detailed in the Second Schedule. However, this prohibition has been repealed in response to changes in State food regulations that now permit the sale of liqueur confectionery, provided that appropriate labelling requirements are met. Additionally, Regulation 1 modifies a reference within the Regulations to reflect administrative changes, substituting the Department of Transport with "that Department" which refers to the Department of Aviation, in line with the Administrative Arrangement Orders issued in March 1983. These amendments demonstrate the dynamic nature of regulatory frameworks, adapting to both national and state legislative changes, while also accounting for shifts in administrative responsibilities.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1985 No. 96, issued under the authority of the Minister of State for Industry, Technology and Commerce, primarily modifies existing regulations concerning prohibited imports into Australia. Regulation 4 of the original Customs (Prohibited Imports) Regulations, which specified that certain goods listed in the Second Schedule could not be imported without written permission from the Minister, has been amended by Regulation 2. Specifically, Item 8(a) of the Second Schedule, which previously prohibited the importation of confectionery containing more than 1.15 per centum by volume of alcohol, has been repealed in light of updated state food regulations that now allow for the sale of such confectionery provided they comply with labelling requirements. Regulation 1 further amends sub-regulation 4N(3) of the Customs (Prohibited Imports) Regulations by changing the reference from the Department of Transport to “that Department,” a term that contextually refers to the Department of Aviation. This change follows the Administrative Arrangement Orders of March 1983, which reorganised departmental responsibilities.
The amendments impose certain obligations and requirements on the parties involved in the importation process. Importers and customs officials must now be aware of the repealed prohibition on liqueur confectionery and ensure that any imported goods comply with the new state food regulations regarding labelling. Additionally, any references to the Department of Transport in the context of customs regulations must be understood as referring to the Department of Aviation, in accordance with the updated administrative arrangements.
Failure to comply with the new regulations may result in civil or criminal consequences, although the specific offences and penalties are not detailed in the text. Generally, breaches of customs regulations can lead to penalties, including fines and potential criminal charges, depending on the severity and intent of the violation. The maximum penalties would be determined according to the specific provisions of the Customs Act 1901 and other relevant legislation. Importers are advised to ensure they are fully aware of and compliant with the updated regulations to avoid any legal repercussions.