Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 286
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 286
Issued by the Authority of the Minister for Small Business, Construction and Customs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised: - ...(c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with."
The Customs (Prohibited Imports) Regulations (the Pro-Import Regulations) control the importation of the goods specified in the various regulations or the Schedules to the regulations, by prohibiting importation absolutely, or by making importation subject to the permission of a specified person or Minister of State.
The Regulations amend the Pro-Import Regulations to remove the controls on the importation of certain pre-packed goods which could only be imported in specified standard sizes.
Background
Regulation 4AA and Schedule 6 of the Pro-Import Regulations provided for a regime whereby certain pre-packed goods could only be imported in specified standard sizes. The control was introduced in 1973 (Statutory Rules 1973 No. 43) in conjunction with uniform State legislation, to implement a national Packaging Code designed to protect the consumer from misleading and confusing packaging practices and to simplify comparison of value of one package with another of the same commodity.
On 1 April 1992 the Government decided to repeal the controls in regulation 4AA and Schedule 6 in light of the following events.
In 1988 the Industries Assistance Commission (IAC) examined the need for retaining such controls and in its report of February 1989 made a number of recommendations for the reform of packaging and labelling laws in Australia.
These recommendations were considered at a meeting of the Standing Committee of Consumer Affairs Ministers on 20 July 1990 between Commonwealth, State and Territory Ministers. All jurisdictions (with the exception of the Western Australia) consequently signed the Agreement on Uniform Trade Measurement Legislation and Administration. The legislation to be adopted under the agreement deletes all provisions relating to standardised packaging.
The uniform legislation is now operating in New South wales, Queensland, the Australian Capital Territory and the Northern Territory, and the other jurisdictions (except Western Australia) have indicated that it will be operating by 1 January 1993.
In light of the Government's desire for consistent Commonwealth and State legislation and the fact that Australia has recently acceded to the General Agreement on Tariffs and Trade Standards Code (the GATT code), it is important to remove any potential technical barriers to international trade, particularly as the restrictions on packaging sizes in the Pro-Import Regulations could have been in breach of the GATT code as they applied to imported but not domestically produced goods.
The Regulations remove the import controls on pre-packed goods by omitting regulation 4AA and Schedule 6 of the Pro-Import Regulations. Ten definitions which have become redundant due to the repeal of the packaging controls have also been omitted from the interpretation provision in regulation 2.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 286, issued under the authority of the Minister for Small Business, Construction and Customs, amends the Customs (Prohibited Imports) Regulations to address the outdated control on the importation of certain pre-packed goods in specified standard sizes. This amendment responds to the evolving legislative landscape and policy direction in Australia, particularly the adoption of the General Agreement on Tariffs and Trade (GATT) code which aims to eliminate technical barriers to international trade. The regulations seek to harmonise federal and state legislation regarding packaging, following the agreement on uniform trade measurement legislation among most Australian jurisdictions.
The Customs Act 1901 provides the legislative basis for these amendments, with the policy objective being to remove potential trade barriers and align with international standards. The amendment removes Regulation 4AA and Schedule 6 of the Pro-Import Regulations, which had previously restricted the importation of pre-packed goods to specified standard sizes, reflecting the transition towards more flexible packaging practices and the consideration of consumer interests in simplified comparisons of packaged goods.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 286, issued under the authority of the Minister for Small Business, Construction and Customs, amends the Customs (Prohibited Imports) Regulations to remove the controls on the importation of certain pre-packed goods, which previously could only be imported in specified standard sizes. These amendments align with the broader legislative reforms across Australia aimed at modernising packaging and labelling laws to ensure consistency with international trade obligations, particularly under the General Agreement on Tariffs and Trade (GATT) code. The Regulations apply to all goods subject to the Customs Act 1901 and the Customs (Prohibited Imports) Regulations, with the specific amendment affecting only pre-packed goods previously restricted by regulation 4AA and Schedule 6. The repeal of these controls reflects the adoption of uniform trade measurement legislation across most Australian jurisdictions, ensuring a consistent regulatory environment for both imported and domestically produced goods. The amendment is designed to remove potential technical barriers to trade and avoid any breach of the GATT code by eliminating restrictions that applied exclusively to imported goods.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 286 amends the Customs (Prohibited Imports) Regulations to lift the restrictions on the importation of certain pre-packed goods that were previously required to adhere to specified standard sizes. The primary operative sections affected by this amendment are sections 4AA and Schedule 6 of the Pro-Import Regulations. These sections originally mandated that certain pre-packed goods could only be imported in uniform sizes to prevent misleading packaging and simplify value comparisons, a control introduced in 1973. However, the amendment removes these controls to align with more recent legislative and trade developments.
Under the amended Regulations, the obligations on parties importing pre-packed goods are significantly lightened. Previously, importers had to ensure that goods met specific size requirements as per regulation 4AA and Schedule 6. With the removal of these sections, importers are no longer subject to these constraints. The amendment reflects the broader regulatory shift towards uniform trade measurement legislation and administration across various Australian jurisdictions, harmonising state laws and reducing potential trade barriers. This change is in line with the Agreement on Uniform Trade Measurement Legislation and Administration signed by all jurisdictions except Western Australia, which aims to simplify packaging laws.
The amendment also removes redundant definitions from regulation 2, reflecting the changes in regulatory requirements. This streamlining is essential for maintaining clarity and reducing potential confusion in the interpretation and application of the Regulations. The overall effect is a simplification of import processes for pre-packed goods, aligning with modern legislative and trade standards. The repeal of these controls also aligns with Australia's recent accession to the General Agreement on Tariffs and Trade Standards Code (GATT code), addressing potential breaches and facilitating smoother international trade.
In terms of offences and penalties, the Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 286 does not introduce new offences or penalties. However, any breaches of the Customs Act 1901 or the amended Regulations could still result in enforcement actions. For instance, knowingly importing goods in violation of the Act could lead to civil or criminal penalties, including fines and potential imprisonment, depending on the severity of the breach. The specific penalties are not outlined in the amendment but are governed by the overarching provisions of the Customs Act and related legislation. The removal of specific import controls does not eliminate the general obligations and penalties for non-compliance with customs regulations.