Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Customs (Prohibited Imports) Regulations (Amendment) 1998 No. 4, issued by the Minister for Customs and Consumer Affairs under the Customs Act 1901, was introduced to address an anomaly in the Customs (Prohibited Imports) Regulations regarding the importation of fish into Australia. The amendment aimed to align the definition of "fish" and the scope of the Australian fishing zone with the Fisheries Management Act 1991, thereby ensuring that the regulations accurately reflect the current legal framework. This was achieved by updating the definition of "fish" in subregulation 4B(1) to match that in the Fisheries Management Act 1991 and modifying subregulation 4B(2) to refer to the outer limits of the Australian fishing zone as defined in the Fisheries Management Act 1991. Additionally, the amendment transferred the responsibility for granting written permission to import fish from the Minister of State for Primary Industries and Energy to the Minister for Resources and Energy, aligning with the current administrative arrangements. The Regulations commenced on gazettal.

Scope and Application

The Customs (Prohibited Imports) Regulations (Amendment) 1998 No. 4 pertains to the importation of fish and parts of fish into Australia under the Customs Act 1901, and it specifically aligns with the Fisheries Management Act 1991. The Regulations apply to any individual or entity attempting to import fish into Australia, encompassing all species of bony fish, sharks, rays, crustaceans, molluscs, and other marine organisms, but excluding marine mammals and marine reptiles. The Regulations also delineate the jurisdictional reach by referring to the outer limits of the Australian fishing zone, as defined under the Fisheries Management Act 1991, which extends to the exclusive economic zone, 200 nautical miles from the baseline. The amendment transfers the responsibility for issuing written permission to import fish from the Minister of State for Primary Industries and Energy to the Minister for Resources and Energy, ensuring compliance with current administrative arrangements. The Regulations came into effect upon gazettal, with no specific exclusions or thresholds mentioned in the text.

Key Provisions

The Customs (Prohibited Imports) Regulations (Amendment) 1998 No. 4 amends the Customs (Prohibited Imports) Regulations to update the control over the importation of fish and parts of fish into Australia. Regulation 4B, which previously prohibited the importation of fish unless written permission was obtained from the Minister of State for Primary Industries and Energy, has been amended to align with the Fisheries Management Act 1991 and transfer responsibility for granting permission to the Minister for Resources and Energy. The amendments ensure that the definition of "fish" and the geographical scope of the control under regulation 4B are consistent with current legislation. The new subregulation 4B(1) now defines "fish" to include all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but excludes marine mammals and marine reptiles. This definition mirrors the definition of "fish" in the Fisheries Management Act 1991. Additionally, the territorial scope of the control has been updated to extend to the outer limits of the Australian fishing zone, which aligns with the Fisheries Management Act 1991 and the Seas and Submerged Lands Act 1973. The amendment corrects an unintended effect where the Australian fishing industry was required to obtain permission for fish caught within the Australian fishing zone. Regulation 2.3 transfers the responsibility for granting permission to import fish from the Minister of State for Primary Industries and Energy to the Minister for Resources and Energy, reflecting current administrative arrangements. The Customs (Prohibited Imports) Regulations impose obligations on importers of fish and parts of fish into Australia. Importers must obtain written permission from the Minister for Resources and Energy before importing fish or parts of fish into Australia. This requirement applies to all species of fish, including bony fish, sharks, rays, crustaceans, molluscs, and other marine organisms, except marine mammals and marine reptiles. The permission must be obtained before the fish or parts of fish are imported, and the importer must present this permission to the Collector of Customs at the time of importation. The permission must also comply with the definition of "fish" and the geographical scope specified in the Regulations, which now align with the Fisheries Management Act 1991 and the Seas and Submerged Lands Act 1973. Failure to comply with the requirements of the Customs (Prohibited Imports) Regulations, including the failure to obtain written permission from the Minister for Resources and Energy before importing fish or parts of fish into Australia, may result in civil or criminal penalties. Under section 164 of the Customs Act 1901, a person who contravenes a regulation made under the Act is liable to a penalty not exceeding 10 penalty units for a minor offence, and 100 penalty units for a serious offence. The maximum penalty for a serious offence is higher if the contravention involves goods that are subject to a prohibited import control. Additionally, a person who imports goods that are prohibited or subject to a control without the required permission may be liable to pay a fine not exceeding the value of the goods or, if the value cannot be determined, a fine not exceeding $11,000. The importation of prohibited or controlled goods without permission may also result in the seizure and forfeiture of the goods.