EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 180
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY. TECHNOLOGY AND COMMERCE
Since 1901, there have been regulations enforcing a blanket prohibition on the importation of prison made goods into Australia. The current prohibitions are contained in items 15 and 16 of the First Schedule to the Customs (Prohibited Imports) Regulations.
Following representations to the Minister for Industry, Technology and Commerce by an importer whose goods were alleged to have been part made in a prison in the United Kingdom, a review was conducted into the necessity of retaining the prohibitions.
The review, in which the Departments of Trade, Employment and Industrial Relations and Attorney-General’s were consulted concluded that the items be removed from the Regulations, on the basis that:
• UK and Canadian law (said to have been models for the Australian Regulations in 1901) are now significantly different from the Australian Regulations. Further, there is no consistent attitude to such imports in other developed countries;
• use of the Regulations in Australia has been infrequent, sometimes arbitrary, and sometimes costly to administer;
• the apparent industry assistance value of the regulations has been negligible; and
• in the last decade Australia has introduced anti-dumping and like machinery which could respond to unfair pricing by overseas producers, should the circumstances so demand.
Accordingly, the accompanying Regulation amends the Customs (Prohibited Imports) Regulations to omit;
Item 15 covering goods manufactured or produced wholly or in part by prison labour or which have been made within or in connexion with a prison gaol or penitentiary; and
Item 16 covering goods manufactured by a manufacturer who employs prison labour, which goods are of a like character to -
(a) any goods, manufactured by the manufacturer, manufactured wholly or in part by prison labour; or
(b) any goods, manufactured by the manufacturer, made wholly or in part within or in connexion with a prison, gaol or penitentiary,
from the Regulations