Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 382
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 382
Issued by the Authority of the Minister for Science and Small Business
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 from 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.
3) Without limiting the generality of paragraph (2)(c), the Regulations - ... (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a elms of goods in which the goods are included has been granted as prescribed by the regulations; and ..."
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 making importation subject to the permission of a Minister or a specified person.
The proposed Regulations amend the Pro-import Regulations to prohibit the importation into Australia of the following dangerous goods; nunchakus, crossbows, blowguns, blowpipes and ballistic knives, unless the permission of the Minister or an authorised person has been obtained.
This measure results from Government concerns to protect the community from the importation and harmful use of such dangerous weapons and the perceived need to act quickly to achieve such protection.
The regulations. which commence on gazettal, give effect to the Governments decision as follows:
Regulation 1 provides that the Pro-import Regulations are amended by the Regulations.
Regulation 2 amends Schedule 2 of the Pro-import Regulations by omitting item 18 and adding five new items which ensure that blowguns, blowpipes and darts for use in blowguns and blowpipes, nunchakus, crossbows and crossbow darts or bolts and ballistic knives are all prohibited importation unless the permission of the Minister or an authorised person, has first been, obtained.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 382 was enacted to address the problem of dangerous goods being imported into Australia without proper oversight or restriction. This amendment to the Customs (Prohibited Imports) Regulations was introduced to bolster the existing legislative framework under the Customs Act 1901 by specifically targeting the importation of certain dangerous items, including nunchakus, crossbows, blowguns, blowpipes, and ballistic knives. The policy objective of this amendment is to safeguard the community from the potential harm associated with these dangerous weapons by prohibiting their importation unless authorised by the Minister or an authorised person. The regulations, which came into effect upon gazettal, were issued under the authority of the Minister for Science and Small Business and are designed to swiftly implement the Government's decision to restrict the importation of these dangerous items.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 382 amends the existing Customs (Prohibited Imports) Regulations to prohibit the importation of certain dangerous goods into Australia. The amendment applies to individuals and entities seeking to import nunchakus, crossbows, blowguns, blowpipes, and ballistic knives, requiring that such imports be subject to the permission of the Minister or an authorised person. This regulation extends to the entire Commonwealth of Australia and is intended to safeguard the community from the potential harmful use of these dangerous items. The amendment is effective from the date of gazettal and involves the insertion of new items into Schedule 2 of the Pro-import Regulations, superseding the previous item related to such goods. This measure reflects the government's intent to swiftly address perceived risks associated with these specific dangerous items.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 382 amends the existing Customs (Prohibited Imports) Regulations by specifically addressing the importation of certain dangerous goods. Regulation 1 introduces these amendments, which take effect upon gazettal, and Regulation 2 modifies Schedule 2 of the Pro-import Regulations. This amendment is aimed at preventing the importation of nunchakus, crossbows, blowguns, blowpipes, and ballistic knives unless permission is granted by the Minister or an authorised person. These items are added to the list of prohibited imports, ensuring that they cannot be brought into Australia without the necessary authorisation.
Under these regulations, the importation of nunchakus, crossbows, blowguns, blowpipes, and ballistic knives is subject to strict control. Specifically, Section 50 of the Customs Act 1901 allows the Governor-General to prohibit the importation of goods from Australia, and the Regulations further detail the conditions under which such prohibitions can be imposed. These amendments mean that any attempt to import these items without the required permission is prohibited, and such attempts can lead to significant legal consequences.
The obligations imposed by these regulations are clear: any individual or entity wishing to import nunchakus, crossbows, blowguns, blowpipes, or ballistic knives must first seek and obtain permission from the Minister or an authorised person. Failure to do so results in a breach of the regulations. Importers must be aware of these requirements and ensure compliance to avoid legal repercussions.
Violating these regulations can have serious consequences. Under the Customs Act 1901, breaches of the Customs (Prohibited Imports) Regulations can result in civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but they can include fines and, in more severe cases, imprisonment. The precise penalties are detailed within the Act, and it is essential for importers to be fully aware of these potential consequences to ensure compliance with the law.