EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 317
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State for Industry and Commerce
The purpose of the attached Regulations is to:
(i) introduce a new provision into the above-named Regulations, to allow a permission to import goods granted under sub-regulation 4(1) of the Regulations to be made subject to specified conditions and requirements;
(ii) repeal the prohibition on the importation of goods from the Democratic Republic of Vietnam (North Vietnam); and
(iii) change a reference to the Permanent Head of a Department as a result of the Administrative Arrangements Orders of March 1983.
Sub-regulation 4(1) of the above-named Regulations provides that the importation into Australia of goods specified in the Second Schedule to the Regulations is prohibited unless the permission in writing of the Minister of State for Industry and Commerce has been granted.
Regulation 1
A new provision is introduced into Regulation 4 of the abovenamed Regulations, to enable a permission under sub-regulation 4 (1) to be granted subject to such conditions or requirements as are specified in the permission, namely:
(i) conditions or requirements relating to possession, custody, use, disposal, or destruction of the goods, or with respect to accounting for the goods; and
(ii) conditions relating to the exportation of the goods from Australia by the holder of the permission or the legal personal representative of that person.
The absence of the authority to grant a conditional permission to import goods under sub-regulation 4(1) has been a handicap to effective administration of this import control. The new provision will provide for flexibility in considering applications for permission to import goods listed in the Second Schedule without diminishing the current level of control.
Regulation 4D of the above-named Regulations provides for a prohibition on the importation of goods from the Democratic Republic of Vietnam (North Vietnam), unless the Minister has, by instrument in writing, consented to the importation of the goods.
Regulation 2
Repeals Regulation 4D. The repeal of this regulation recognises that normal commercial relations have existed between North Vietnam and Australia since 1973.
Regulation 4N of the above-named Regulations provides that the importation into Australia of an aircraft, airframe or aircraft engine is prohibited unless the permission in writing of the Secretary to the Department of Transport has been granted.
Regulation 3
The reference in Regulation 4N to the Secretary to the Department of Transport is replaced by a reference to the Secretary to the Department of Aviation, to accord with the Administrative Arrangements Orders of March 1983, and to bring this regulation into line with regulation 7 of the Customs (Prohibited Export) Regulations.