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.
Overview
The 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, amend the Customs (Prohibited Imports) Regulations to address the redundancy and potential discriminatory aspects of existing prohibitions on the importation of goods with certain language markings and cigarettes without specific health warnings. The Customs Act 1901, as amended, facilitates the regulation of imports and exports, and these amendments aim to streamline and modernise the regulatory framework. The policy objective is to eliminate unnecessary regulatory burdens while ensuring that consumer safety and public health are adequately protected through other means. This amendment reflects the government’s ongoing effort to review and refine regulatory practices to support efficient trade and minimise discrimination in international commerce.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 327, issued under the authority of the Minister of State for Science, Customs and Small Business, modify the Customs (Prohibited Imports) Regulations by repealing certain prohibitions on the importation of goods and correcting errors in the description of chemicals. These regulations apply to individuals and entities engaging in the importation of goods and chemicals into Australia, thereby impacting various industries involved in the importation and distribution of such items. Geographically, these rules apply across the Commonwealth of Australia, ensuring consistent application of the amendments nationwide. The amendments primarily serve to eliminate outdated and unenforceable prohibitions, including the restriction on importing goods with markings in languages other than English and the prohibition on cigarettes not displaying a specific health warning, both of which are now adequately regulated by State/Territory legislation. Additionally, the regulations correct technical errors in the description of certain chemicals, ensuring accurate and effective enforcement of chemical importation controls. Subordinate instruments may further extend or clarify the application of these amendments.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 327, issued under the authority of the Minister of State for Science, Customs, and Small Business, primarily address the repeal of certain controls on the importation of specific goods. Regulation 1 (1) amends the Third Schedule to the Customs (Prohibited Imports) Regulations by removing items 2 and 3. Item 2, which prohibited the importation of goods marked in a language other than that ordinarily used by the people of the country of origin unless a qualifying statement in English indicating the country of origin was also present, has been repealed. This was an outdated provision that was deemed to be impractical to enforce and contradictory to government foreign policies. Similarly, item 3, which prohibited the importation of cigarettes unless they bore a specific health warning on their packaging, has also been repealed. This prohibition was deemed redundant due to the effective control of health warnings on tobacco products by state and territory legislation.
The obligations imposed by these regulations are primarily on importers and customs officials. Importers must ensure that the goods they bring into Australia do not fall under the repealed prohibitions, and customs officials must enforce the remaining provisions of the Customs (Prohibited Imports) Regulations. Furthermore, Regulation 2 (2) includes technical corrections to Schedule 9, specifically rectifying the designation of certain chemicals. These amendments ensure that the scientific nomenclature is accurate and consistent with international standards.
Failure to comply with the Customs (Prohibited Imports) Regulations can lead to significant consequences. While the specific penalties are not detailed in the statutory rules, breaches of customs regulations can result in fines, seizure of goods, and potential legal action. The severity of penalties can vary depending on the nature and extent of the breach. It is important for parties involved in the importation process to be aware of these regulations to avoid any legal repercussions. The amendments made by these Statutory Rules aim to streamline and modernise the regulatory framework, ensuring it remains effective and aligned with current legislative standards.