EXPLANATORY STATEMENT
STATUTORY RULES 1987 No 101
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS
ISSUED BY THE AUTHORITY OF THE
MINISTER OF STATE FOR INDUSTRY,
TECHNOLOGY AND COMMERCE
With the alteration in the title of the office the ‘Director-General of Health’ to the ‘Secretary of the Department of Health’, references to the ‘Director-General’ contained in the Customs (Prohibited Imports) Regulations require the amendments described below. The opportunity has also been taken to effect a minor drafting change to one Regulation.
The Regulations are amended as follows;
Regulation 1 provides that the term “Principal Regulations” used in this Statutory Rule means the Customs (Prohibited Imports) Regulations.
Regulation 2 substitutes the reference to “Director General” in subregulation 5(18) of the Principal Regulations with a reference “Secretary of the Department of Health”.
Regulation 3 substitutes the reference to “Director General” in subregulation 5B(2) of the Principal Regulations with a reference to “Secretary of the Department of Health”.
Regulation 4 effects a technical drafting change to regulation 5F by substituting the reference to “the last preceding sub-regulation” in subregulation 5F(2) of the principal Regulations with a reference to “Subregulation(1)”.
Regulation 5 substitutes the reference to the “Director General” in subregulation 5H(3) of the Principal Regulations with a reference to “Secretary of the Department of Health”.
Regulation 6 substitutes the reference to the “Director-General of Health” from item 23 of the Third Schedule to the Principal Regulations with a reference to the “Secretary of the Department of Health”.
Regulation 7 substitutes the reference to the “DIRECTOR-GENERAL OF HEALTH” in the heading of the Eighth Schedule to the Principal Regulations with a reference to the “SECRETARY OF THE DEPARTMENT OF HEALTH”.
Regulation 8 provides for a Schedule which substitutes (wherever occuring) references to the “Director-General of Health” in subregulations 5(9), 5A(1), 5A(4) and 5C(7) with references to the “Secretary of the Department of Health”.
Overview
The Customs (Prohibited Imports) Regulations 1996, as amended, were introduced to address the need for comprehensive regulation of the importation of goods that are hazardous or otherwise prohibited by Australian law. This legislation was enacted by the Parliament of Australia to provide authority for the Minister of State for Industry, Technology and Commerce in matters concerning the control and regulation of customs, particularly in relation to the prohibition of certain imports. The primary objective of this Act is to ensure that the importation of goods that could pose a risk to public health, safety, or the environment is effectively managed and prohibited where necessary. The recent amendments to these regulations, as stated in Statutory Rules 1987 No 101, primarily involve the substitution of references to the "Director-General of Health" with "Secretary of the Department of Health", reflecting organisational changes within the relevant government department. These amendments aim to ensure that the regulatory framework remains current and accurately reflects the structure of the authorities responsible for enforcing these prohibitions.
Scope and Application
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1987 No 101, apply to the importation of goods into Australia, specifically targeting prohibited imports. These Regulations govern the conduct and transactions related to the importation process, ensuring compliance with Australian customs laws and health regulations. They apply to individuals, businesses, and entities engaged in importing goods into Australia. The Regulations cover a national jurisdiction, applying across all states and territories of Australia. The Regulations have specific exclusions and exemptions which are detailed within the statutory framework and are subject to amendments through subordinate instruments. Notably, this revision corrects references from the 'Director-General of Health' to the 'Secretary of the Department of Health', thereby ensuring the alignment of the regulatory language with the current office titles and responsibilities within the Department of Health.
Key Provisions
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1987 No. 101, outline the primary provisions governing the prohibition of certain imports into Australia. Regulation 1 defines "Principal Regulations" as the Customs (Prohibited Imports) Regulations themselves. Regulation 2, 3, 5, 6, and 7 update references from "Director General" to "Secretary of the Department of Health" across various subregulations and schedules, ensuring consistency and alignment with current departmental titles. Regulation 4 rectifies a technical drafting error in regulation 5F, while Regulation 8 provides a comprehensive substitution schedule, replacing all instances of "Director-General of Health" with "Secretary of the Department of Health" in specified subregulations.
The Regulations impose obligations on various entities, including importers, Customs officers, and the Secretary of the Department of Health. Importers must ensure that their goods do not include any items listed as prohibited imports under the Regulations. Customs officers are tasked with enforcing the Regulations by inspecting and detaining suspected prohibited imports at Australia's borders. The Secretary of the Department of Health plays a pivotal role in providing expert advice on health-related matters, thereby supporting the enforcement of health-related prohibitions.
Breaches of these Regulations can lead to significant legal consequences. Those found guilty of importing prohibited items may face substantial fines and potential imprisonment. The exact penalties depend on the severity of the offence, with maximum penalties specified under the relevant legislation. Non-compliance not only risks these criminal penalties but also civil liabilities, such as the seizure and destruction of prohibited goods, further emphasising the importance of adhering to the Regulations.