Statutory Rules
1973 No. 89
REGULATION UNDER THE CUSTOMS ACT 1901-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1971.
Dated this tenth day of May, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LIONEL MURPHY
Minister of State for Customs and Excise.
Amendment of the Customs (Prohibited Imports) Regulations†
After regulation 4a of the Customs (Prohibited Imports) Regulations the following regulation is inserted:—
Importation of polychlorinated biphenyls.
“ 4ab. (1) This regulation applies to the following goods:—
(a) substances obtained by chlorinating biphenyls; and
(b) goods containing substances obtained by chlorinating biphenyls.
“ ( 2) The importation into Australia of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the Minister.
“ (3) A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, or with respect to accounting for the goods, as the Minister thinks necessary to ensure that the goods are not used otherwise than for the purpose for which he grants the permission.”.
* Notified in the Commonwealth Gazette on 18 January 1973.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 9 3; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; and 1973, Nos. 5, 6, 42 and 43.
Overview
The Statutory Rules 1973 No. 89, enacted on 10 May 1973, introduced amendments to the Customs (Prohibited Imports) Regulations under the Customs Act 1901-1971. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, Paul Hasluck, with the advice of the Federal Executive Council. The primary objective of these amendments was to address the environmental and health risks associated with the importation of polychlorinated biphenyls (PCBs) into Australia. By inserting a new regulation, 4ab, the legislation explicitly prohibits the importation of goods containing PCBs unless a written permission is granted by the Minister, subject to specified conditions aimed at ensuring the safe handling and disposal of these hazardous substances.
Scope and Application
The Statutory Rules 1973 No. 89, enacted under the Customs Act 1901-1971, addresses the importation of polychlorinated biphenyls (PCBs) into Australia, introducing stringent controls on substances obtained by chlorinating biphenyls and goods containing such substances. This regulation applies to any person or entity seeking to import these substances or goods into Australia, necessitating written permission from the Minister to do so. The regulation prohibits the importation of such goods unless the Minister grants explicit permission, which may include specific conditions regarding the custody, use, disposal, destruction, or accounting for the goods. This legislative instrument extends across the Commonwealth, enforcing uniform standards nationwide and ensuring that all imports of PCBs adhere to the stringent regulatory framework designed to protect public health and the environment from the harmful effects of PCBs.
Key Provisions
The regulation primarily concerns the importation of polychlorinated biphenyls (PCBs) into Australia, a matter addressed in regulation 4ab (1) through (3) of the Customs (Prohibited Imports) Regulations. Specifically, it prohibits the importation of substances obtained by chlorinating biphenyls and goods containing such substances unless a written permission to import has been granted by the Minister. Regulation 4ab (2) clearly states that without such permission, importation is not allowed. Furthermore, the permission granted under regulation 4ab (3) is subject to conditions imposed by the Minister to ensure that these goods are not used for any purpose other than what is specified in the permission. These conditions may include requirements or prohibitions concerning the custody, use, disposal, destruction, or accounting for the goods.
The obligations placed on parties and entities by this regulation are significant. Any entity or individual seeking to import substances or goods containing PCBs must first obtain written permission from the Minister. This permission process requires thorough documentation and adherence to any conditions that the Minister deems necessary to safeguard against misuse of these potentially hazardous materials. These conditions could involve strict protocols for handling, storage, and disposal of the imported goods, as well as regular reporting and accountability measures to ensure compliance.
Failure to comply with the provisions of this regulation can result in serious legal consequences. Importing PCBs without the requisite permission is a strict liability offence, meaning that intent or knowledge of the illegality is not necessary to be found guilty. Penalties for contravening these regulations can be substantial, both in criminal and civil contexts. Under the Customs Act 1901-1971, the maximum penalty for importing prohibited goods such as PCBs can include fines of up to $275,000 for individuals and $1,375,000 for corporations, along with potential imprisonment terms. In addition to criminal penalties, breaches of these regulations can also lead to civil actions, where the government may seek remedies such as the seizure and destruction of the prohibited goods, as well as compensation for any environmental or public health damage caused.