EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1988 NO. 327
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
These Statutory Rules repeal the existing controls on the importation of: i) goods which have any marking on them in a language other than the language ordinarily used by the people of the country of origin of the goods; and ii) cigarettes which do not display the warning, “WARNING - SMOKING IS A HEALTH HAZARD” on their carton.
In addition, these Statutory Rules correct certain errors in the description of chemicals set out in Schedule 9 of the Customs (Prohibited Imports) Regulations.
Details of the regulations are as follows:
Regulation 1: amends the Third Schedule to the Customs (Prohibited Imports) Regulations (the Regulations) by omitting items 2 and 3.
• item 2 generally prohibits the importation of articles to which is applied, or to any covering or container on which is applied, any marking in a language other than the language ordinarily used by the people of the country of origin of the goods, unless there also appears in ‘conspicuous and legible characters’, a definite qualifying statement in the English language indicating the country of origin of the goods.
This item has appeared in the Regulations since their commencement in 1934 and has remained unaltered. It is a provision aimed at those goods which do not fall within the marking requirements of the Commerce (Trade Descriptions) Act 1905, and associated regulations, and it is assumed that at the time of its introduction the purpose of the prohibition was to ensure that consumers did not mistake products of non English-speaking countries for those of Australia’s recognised English-speaking trading partners.
As part of the Government’s continuing review of unnecessary business regulation, this particular item’s function was recently reviewed. From a practical point of view, it was acknowledged that due to the volume of imports of all types from the countries which would be subject to the prohibition, the policing of the requirements of item 2 is an impossible task.
Further, and more importantly, it was considered the prohibition had overtones of discrimination and constituted a direct contradiction of Government foreign policies.
• item 3 prohibits the importation of cigarettes unless a prescribed health warning appears on the container, carton or wrapping, and no words suggesting that smoking is not a health hazard appear. The particular health warning which is prescribed has been rendered obsolete, following the Commonwealth/State/Territory agreement that all tobacco products sold, exposed for sale or used for advertising purposes since 1 July 1987 in relation to Australian made goods, and since 1 September 1987 in relation to imported goods, are required by the respective State and Territory legislation to carry one of an agreed number of health warnings. Given that the requirement for health warnings on the containers of tobacco products is now adequately and effectively controlled by State/Territory legislation this item has been repealed.
Regulation 2: effects certain technical drafting amendments to Schedule 9 to the Customs (Prohibited Imports) Regulations:
• paragraph (a) amends item 1 so that the correct designation attributed to the organochlorine chemical, aldrin, by the International Union of Pure and Applied Chemistry (IUPAC) appears, i.e. underlining is inserted under each capital letter appearing within the brackets in column 3, and the letter “n” where first occurring in the term “dimenthanonaphthalene” is omitted;
• paragraph (b) amends item 3 so that the letters “BHX” are substituted with the letters “BHC” to accord with the correct scientific abbreviation for this chemical.