Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 167, enacted under the Customs Act 1901-1965, addresses the need to regulate and control the importation of certain goods into Australia, specifically targeting the importation of tobacco grown in Southern Rhodesia. This legislative instrument was introduced by the Governor-General, acting on the advice of the Federal Executive Council. The primary objective of this regulation was to prohibit the importation of tobacco from Southern Rhodesia unless explicit written permission was granted by the Minister, thereby exercising control over the types of goods entering the country and potentially mitigating health, economic, or other national interests concerns associated with such imports. This regulatory measure was a response to the need for more stringent customs controls, reflecting broader policy objectives to safeguard public health and maintain regulatory standards.

Scope and Application

This legislative instrument, made under the Customs Act 1901-1965, pertains specifically to the importation of tobacco products into Australia. The regulation targets the importation of tobacco grown in Southern Rhodesia, now known as Zimbabwe, and imposes a prohibition on such imports unless a written permission has been granted by the Minister. The scope of this Act applies to any individual or entity attempting to import tobacco from the specified region, thereby affecting those involved in the tobacco trade and importation activities. This legislation is of national reach, operating within the jurisdiction of the Commonwealth of Australia. Notably, the regulation does not extend to other forms of tobacco from different regions unless specifically addressed in other provisions or amendments. The primary intent is to regulate and potentially control the flow of tobacco products into the Australian market, possibly for reasons related to public health, trade policy, or other national interests. The regulation allows for potential exemptions through ministerial permissions, providing a degree of flexibility in the enforcement of the prohibition.

Key Provisions

This regulation, under the Customs Act 1901-1965, introduces a specific prohibition on the importation of tobacco grown in Southern Rhodesia into Australia. According to section 4c, any importation of this tobacco is strictly prohibited unless a written permission to do so has been granted by the Minister. This means that any person or entity attempting to import tobacco from Southern Rhodesia without the necessary authorisation would be contravening the regulation. The regulation imposes clear obligations on importers, requiring them to ensure that they have obtained the requisite written permission from the Minister before any attempt to import tobacco from Southern Rhodesia. Failure to comply with this requirement could result in the goods being seized by customs officers and potentially facing legal repercussions. Importers must therefore be diligent in verifying that they have the necessary authorisation prior to importing tobacco from the specified region. Any breach of this regulation could lead to serious consequences. While the specific penalties are not detailed in the text, it is understood that violations of customs regulations can attract both civil and criminal penalties. Civil penalties might include fines or the confiscation of the goods, while criminal penalties could potentially involve imprisonment depending on the severity and intent of the breach. The exact penalties would be determined in the context of the broader Customs Act and any applicable laws at the time of the offence.