EXPLANATORY STATEMENT
Statutory Rules 1982 No. 236
Customs (Prohibited Imports) Regulations (Amendment)
Issued by the Authority of the Minister for the Capital Territory for and on behalf of the Minister for Industry and Commerce
The purpose of the accompanying regulations is to amend Item 3 in the Third Schedule to the Customs (Prohibited Imports) Regulations to bring the provisions of this Item up to date to accord with amendments made to the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory as amended to 1 October 1982.
Regulation 4(2) of the Customs (Prohibited Imports) Regulations prohibits the importation into Australia of the goods specified in the second column of the Third Schedule to the Regulations unless the conditions, restrictions or requirements specified in the third column of that Schedule opposite to the description of the goods are complied with.
Item 3 in the Third Schedule to the Regulations imposes a prohibition on the importation into Australia of cigarettes in packages which do not bear, in an approved style and form, a warning that smoking is a health hazard as provided by section 5 of the Cigarette Containers (Labelling) Ordinance 1972.
This provision was inserted in 1973 to assist State and Territory Governments in the administration of their requirements by ensuring that imported cigarettes are marked with the approved warning.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1982 No. 236, issued by the Authority of the Minister for the Capital Territory on behalf of the Minister for Industry and Commerce, was enacted to address the need for updating the regulations governing the importation of cigarettes into Australia. This amendment aimed to ensure that the importation prohibitions align with the amendments made to the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory. The policy objective of these regulations is to maintain the integrity of public health warnings on cigarette packaging, ensuring that imported cigarettes comply with the same health hazard labelling standards as those required for locally produced cigarettes. By aligning the regulations with the updated Ordinance, the government seeks to uphold consistent public health messaging across all cigarette products available in the Australian market.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1982 No. 236 pertains to the regulation of the importation of certain goods into Australia, specifically focusing on items that are subject to prohibitions or restrictions. This legislation applies to all entities and individuals engaged in the importation of goods into Australia, particularly targeting the importation of cigarettes in packages that do not comply with the mandated health hazard warnings. The amendment ensures alignment with the Cigarette Containers (Labelling) Ordinance 1972 of the Australian Capital Territory, thereby extending its jurisdictional reach to the entire Commonwealth of Australia. The regulations specifically prohibit the importation of cigarettes unless they are packaged in a manner that includes an approved warning about the health hazards associated with smoking, as per the updated labelling requirements. Exclusions or exemptions from these regulations are not explicitly stated, suggesting that all imports of the specified goods must adhere to the outlined conditions to avoid non-compliance. The application of these regulations can be further extended or specified through subordinate instruments, which may provide additional clarity or detail on the enforcement and compliance measures.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1982 No. 236 primarily amend the existing regulations to update the prohibitions on the importation of certain goods into Australia. Specifically, this amendment targets Item 3 in the Third Schedule to the Regulations, which deals with the importation of cigarettes. Regulation 4(2) of the Customs (Prohibited Imports) Regulations states that the importation of goods listed in the Third Schedule is prohibited unless certain conditions are met. The amendment ensures that the regulations align with the amendments to the Cigarette Containers (Labelling) Ordinance 1972, as amended up to 1 October 1982.
Under the amended regulations, the importation of cigarettes into Australia is restricted if the packages do not display a warning that smoking is a health hazard in an approved style and form, as stipulated by section 5 of the Cigarette Containers (Labelling) Ordinance 1972. This requirement ensures that all cigarettes imported into Australia carry a health warning label, which was introduced to assist state and territory governments in enforcing their health regulations and ensuring consumer protection.
The obligations imposed by these regulations are clear: any person or entity seeking to import cigarettes into Australia must ensure that the cigarette packages comply with the health warning requirements. This includes verifying that the warning is present in the approved style and form as prescribed by the Cigarette Containers (Labelling) Ordinance 1972. Failure to comply with these requirements can lead to the cigarettes being deemed prohibited imports, which could result in the goods being detained or refused entry into the country.
Failure to comply with the provisions of the Customs (Prohibited Imports) Regulations can result in serious consequences. Under the Customs Act 1901, importing goods that do not meet the regulatory requirements can be considered an offence. Penalties for contravening these regulations may include fines and, in some cases, criminal charges. The maximum penalties for importing prohibited goods can be significant, reflecting the seriousness of non-compliance with health and safety regulations. Additionally, repeated or deliberate violations may lead to more severe penalties, including potential imprisonment, depending on the circumstances and the discretion of the court.