EXPLANATORY STATEMENT
STATUTORY RULES 1984, NO 64
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Industry and Commerce
The Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Wildlife Act) provides, amongst other things, for the furthering the protection and conservation of wildlife by regulating the importation out of Australia of certain animals, plants and goods, and for related purposes.
Section 2 of the Wildlife Act provides that that Act shall come into operation on a date to fixed by Proclamation. This date has been fixed as 1 May 1984.
Upon Proclamation, the Wildlife Act will provide legislative control over those items presently covered by the Customs (Prohibited Imports) Regulations.
The Regulations remove these items from the Customs (Prohibited Imports) Regulations with effect from 1 May 1984 to avoid legislative duplication or lack of control.
The Regulations amend the Customs (Prohibited Imports) Regulations as follows:
Regulation 1
Amends the Second Schedule to the Regulations to remove specified items as these items are now covered by the Wildlife Act.
Regulation 2
Provides for the Regulations to come into operation on 1 May 1984 which is the date that the Wildlife Act is proclaimed to come into operation.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984, No 64, were introduced to address the need for a comprehensive legislative framework governing the import and export of wildlife and related goods. Enacted under the authority of the Minister for Industry and Commerce, these regulations amend the existing Customs (Prohibited Imports) Regulations to align with the provisions of the Wildlife Protection (Regulation of Exports and Imports) Act 1982. The Wildlife Act, which came into effect on 1 May 1984, was designed to further the protection and conservation of wildlife by regulating the importation and exportation of certain animals, plants, and goods, thus creating a unified legal structure to manage these activities and prevent legislative duplication or gaps in control. This amendment ensures that items previously regulated under the Customs Act are now appropriately governed by the Wildlife Act, streamlining the regulatory process and enhancing enforcement capabilities.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) issued under the authority of the Minister for Industry and Commerce, aim to transition the legislative control of certain wildlife-related imports from the Customs (Prohibited Imports) Regulations to the newly enacted Wildlife Protection (Regulation of Exports and Imports) Act 1982. This Act, which comes into operation on 1 May 1984, is designed to further the protection and conservation of wildlife by regulating the importation out of Australia of specific animals, plants, and goods. The scope of the Act applies to individuals and entities involved in the import of these regulated items, ensuring compliance with wildlife protection and conservation objectives. The geographic reach of the Act is national, as it pertains to the import activities across Australia. The Regulations themselves, by removing certain items from the Customs (Prohibited Imports) Regulations, ensure that there is no legislative overlap or gap in control upon the commencement of the Wildlife Act. The transition is smooth, with the Regulations also set to take effect from 1 May 1984, aligning with the operational date of the Wildlife Act.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984, No 64, issued under the authority of the Minister for Industry and Commerce, introduces changes to the Customs (Prohibited Imports) Regulations to align with the new Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Wildlife Act). The primary sections involved in these amendments are Regulation 1 and Regulation 2. Regulation 1 modifies the Second Schedule of the Customs (Prohibited Imports) Regulations to exclude specified items that are now regulated by the Wildlife Act (Section 1). Regulation 2 ensures that these amendments come into effect on 1 May 1984, the same date that the Wildlife Act is proclaimed to come into operation (Section 2).
The obligations and requirements imposed by these Regulations on parties and entities are primarily concerned with ensuring that the importation of specified wildlife and related goods is properly controlled and regulated under the new legislative framework. Parties involved in the import and export of these items must now comply with the Wildlife Act, which provides detailed provisions for the protection and conservation of wildlife. This includes obtaining necessary permits and licenses, adhering to specific conditions for the transportation and handling of these items, and ensuring that all activities are conducted in accordance with the standards and objectives of the Wildlife Act.
Breaching the provisions of the Wildlife Act or the Customs (Prohibited Imports) Regulations can result in various civil and criminal consequences. The Wildlife Act includes specific offences related to the unauthorised import or export of protected wildlife, which can be subject to substantial penalties. For instance, the Act may impose fines and/or imprisonment for illegal activities involving endangered species or protected goods. The exact penalties can vary depending on the nature and severity of the offence, but they are intended to provide a strong deterrent against non-compliance. Additionally, failure to adhere to the requirements set forth by the Wildlife Act may also result in the seizure of prohibited items and legal action by relevant authorities.