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.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 317 were enacted to address administrative inefficiency in the control of prohibited imports and to reflect changes in international relations and administrative arrangements. Issued by the Authority of the Minister of State for Industry and Commerce, these regulations sought to provide greater flexibility in the permission to import goods that are currently prohibited. The primary objective was to introduce a new provision that allows a permission to import goods to be granted subject to specified conditions and requirements, thus enhancing the control mechanisms without compromising the regulatory framework. Additionally, the regulations repealed the prohibition on the importation of goods from the Democratic Republic of Vietnam (North Vietnam), acknowledging the restoration of normal commercial relations since 1973. Furthermore, they updated references to align with the Administrative Arrangements Orders of March 1983, ensuring consistency with other related regulations.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 317, issued by the Authority of the Minister of State for Industry and Commerce, introduce modifications to the existing Customs (Prohibited Imports) Regulations to enhance the administration of import controls. This amendment applies to the importation of goods listed in the Second Schedule, which includes a variety of specified items that require prior permission from the Minister of State for Industry and Commerce for importation into Australia. The regulations provide the Minister with the authority to grant conditional permissions, allowing for conditions or requirements relating to the possession, custody, use, disposal, or destruction of the goods, as well as accounting and exportation stipulations. This flexibility aims to streamline the administration without reducing the regulatory oversight over these imports. Additionally, the regulations repeal the prohibition on importing goods from the Democratic Republic of Vietnam, acknowledging the established commercial relations since 1973. Furthermore, they update the reference from the Secretary to the Department of Transport to the Secretary to the Department of Aviation, aligning with the recent Administrative Arrangements Orders of March 1983.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 317 introduces significant changes to the Customs (Prohibited Imports) Regulations. Firstly, it introduces a new provision into Regulation 4 (1) (Regulation 1), which allows a permission to import goods listed in the Second Schedule to be granted subject to specific conditions and requirements. These conditions can relate to the possession, custody, use, disposal, or destruction of the goods, as well as accounting for the goods. Furthermore, the permission can include conditions relating to the exportation of the goods from Australia by the holder of the permission or their legal personal representative. This amendment aims to provide greater flexibility in granting import permissions while maintaining the current level of control over prohibited goods.
The Act imposes several obligations on the parties or entities it governs. Firstly, any person or entity seeking to import goods listed in the Second Schedule must obtain written permission from the Minister of State for Industry and Commerce, as per sub-regulation 4(1). When permission is granted, it may be subject to specific conditions and requirements, as outlined in Regulation 1. Additionally, any conditions relating to the exportation of the goods must be adhered to by the holder of the permission or their legal personal representative. Furthermore, the reference to the Secretary to the Department of Transport in Regulation 4N has been amended to the Secretary to the Department of Aviation, in accordance with the Administrative Arrangements Orders of March 1983 (Regulation 3).
Failure to comply with the provisions of the Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 317 may result in civil or criminal consequences. Importing goods listed in the Second Schedule without the required written permission from the Minister of State for Industry and Commerce is prohibited. Additionally, breaching any conditions or requirements specified in the permission may also lead to legal consequences. While the specific penalties for breaching the Act are not outlined in the provided text, it is common for such breaches to result in fines, seizure of the goods, or even criminal charges in more severe cases. It is important for parties and entities governed by the Act to familiarise themselves with the relevant sections and ensure compliance to avoid any potential consequences.