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
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1996 (F1996B03755) was enacted to amend the Customs (Prohibited Imports) Regulations 1967, addressing the longstanding prohibition on importing goods made or produced by prison labour into Australia. This prohibition was originally established in 1901 and was primarily influenced by UK and Canadian laws. However, the 1996 amendment was introduced following a review prompted by an importer whose goods were alleged to have been partly manufactured in a UK prison. The review, involving consultations with the Departments of Trade, Employment and Industrial Relations, and the Attorney-General’s, concluded that the prohibitions were outdated and no longer aligned with contemporary international practices, being inconsistently applied and providing negligible industry benefits. Additionally, Australia had developed anti-dumping and similar mechanisms to counter unfair trade practices. The policy objective of the amendment was to modernise the regulations, reflecting current international standards and administrative efficiencies.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 180, issued under the authority of the Minister of State for Industry, Technology and Commerce, amends the Customs (Prohibited Imports) Regulations by removing prohibitions on the importation of goods manufactured or produced wholly or in part by prison labour or made within or in connection with a prison, gaol or penitentiary. These prohibitions were previously contained in items 15 and 16 of the First Schedule to the Regulations. The amendments reflect a decision to remove these prohibitions based on a comprehensive review, which concluded that the prohibitions were outdated, infrequently enforced, and had negligible industry assistance value. The review noted that UK and Canadian laws, which were historically similar to the Australian regulations, have significantly evolved, and there is no consistent approach to such imports among developed nations. Furthermore, the review recognised the availability of anti-dumping and similar mechanisms in Australia that could address unfair pricing by overseas producers if necessary. The amendments apply nationally and affect any person or entity importing goods that would have been previously prohibited under the removed items, thereby potentially expanding the scope of permissible imports into Australia.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1996 (F1996B03755) amends the Customs (Prohibited Imports) Regulations to remove the blanket prohibition on the importation of goods made wholly or in part by prison labour or within or in connection with a prison, gaol, or penitentiary. Specifically, section 3 of the Amendment Regulation removes items 15 and 16 from the First Schedule of the principal Regulations. Item 15 prohibited the importation of goods manufactured or produced wholly or in part by prison labour or which have been made within or in connection with a prison, gaol, or penitentiary. Item 16 prohibited the importation of goods manufactured by a manufacturer who employs prison labour if the goods are of a like character to any goods manufactured wholly or in part by prison labour or made within or in connection with a prison, gaol, or penitentiary.
The obligations and requirements imposed by the Amendment Regulation are largely procedural. Importers and customs officials must now adjust to the removal of these specific prohibitions, meaning that goods previously barred from importation due to these provisions can now be imported into Australia. The Amendment Regulation requires the Customs (Prohibited Imports) Regulations to reflect current international practices and Australia's own trade policies, which have shifted towards more nuanced approaches such as anti-dumping measures.
The Amendment Regulation does not introduce new offences or penalties, as the provisions it removes were primarily regulatory rather than punitive. However, non-compliance with any remaining prohibitions under the Customs (Prohibited Imports) Regulations could still result in civil or criminal consequences. The maximum penalties for breaches of the Customs Act 1901 include fines and imprisonment, with specific penalties varying depending on the nature and severity of the breach. It is important for importers and customs officials to be aware of the updated regulations to ensure compliance and avoid any potential legal repercussions.