Statutory Rules
1979 No. 145
REGULATIONS UNDER THE CUSTOMS ACT 19011
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.
Dated this twenty-fifth day of July 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
WAL. FIFE
Minister of State for Business
and Consumer Affairs
_______________
AMENDMENTS OF THE CUSTOMS (PROHIBITED IMPORTS)
REGULATIONS2
1 Eighth Schedule
The Eighth Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after Item 8 the following item:
“8A Condoms and contraceptive diaphragms”.
2 Schedule 10
Schedule 10 to the Customs (Prohibited Imports) Regulations is amended–
(a) by omitting from column 2 of item 3 “the mining industry having a length of 50 feet or more and” and substituting “surveying”; and
(b) by inserting in column 2 of item 14 “for installation in, or attachment to, industrial plant, machinery or equipment, being devices” after “Devices”.
NOTES
1 Notified in the Commonwealth of Australia Gazette on 31 July 1979.
2 Statutory Rules 1956 No. 90 as amended by Statutory Rules 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; and 1978 No. 276.
Overview
The Customs (Prohibited Imports) Regulations 1979 were made under the authority of the Customs Act 1901 and the advice of the Federal Executive Council. This legislative instrument addresses the need to update and refine the list of prohibited imports to reflect changes in societal needs, economic conditions, and international obligations. By amending the Eighth Schedule and Schedule 10 of the existing regulations, the 1979 Regulations introduced new prohibitions on the importation of condoms and contraceptive diaphragms, while also modifying certain criteria for other imports, such as those related to the mining industry and devices for industrial use. The policy objective is to ensure that the importation of goods aligns with Australia's public health, safety, and economic policies.
Scope and Application
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1979 No. 145, extend to the importation of specific items into Australia, with particular emphasis on prohibiting the entry of condoms and contraceptive diaphragms. These regulations apply to all persons and entities seeking to import goods into Australia, ensuring compliance with the provisions set forth under the Customs Act 1901. The amendments target specific items in the Eighth and Tenth Schedules, illustrating a focused approach towards regulating the importation of particular goods. The scope of these regulations is national, encompassing all states and territories within Australia. Notably, these regulations do not specify exclusions or exemptions, thereby applying broadly to all prohibited items listed unless otherwise defined through subordinate instruments. The legislative instrument is part of a series of amendments, indicating a dynamic regulatory framework that adapts to changing needs and circumstances.
Key Provisions
The Statutory Rules 1979 No. 145, made under the Customs Act 1901, introduce amendments to the Customs (Prohibited Imports) Regulations. Primarily, these regulations modify the Eighth Schedule by adding a new item, "Condoms and contraceptive diaphragms," which are now prohibited imports (Section 2). Additionally, Schedule 10 is amended to refine the criteria for certain items, such as removing a specific provision related to the mining industry and altering the description of devices for industrial use (Section 3).
These regulations impose obligations on importers to ensure that they do not bring into Australia any items listed as prohibited imports. For example, under the amended Eighth Schedule, importing condoms and contraceptive diaphragms is now expressly forbidden. Furthermore, Schedule 10’s changes necessitate that any devices intended for industrial use must be explicitly described as such, with particular attention to those intended for installation in or attachment to industrial plant, machinery, or equipment.
Failure to comply with these regulations can result in serious legal consequences. Importers who breach these provisions may face penalties. Although the exact penalties are not specified within the text, under the Customs Act 1901, penalties for contravening customs regulations can include fines and, in severe cases, criminal charges. The specific penalties would depend on the nature and extent of the breach, as well as any applicable judicial discretion.