Statutory Rules
1976 No. 291
REGULATIONS UNDER THE CUSTOMS ACT 1901.*
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-third day of December, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN HOWARD
Minister of State for Business and Consumer Affairs.
Amendments of the Customs (Prohibited Imports) REGULATIONS†
Second Schedule.
1. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting Item 25a.
Eighth Schedule.
2. The Eighth Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after Item 12 the following item:—
“ 12A | Oil of wormwood, being an essential oil obtained from plants of the genus Artemisia, and preparations containing oil of wormwood ”. |
* Notified in the Australian Government Gazette on 30 December 1976.
† 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; and 1976, Nos. 98, 159 and 186.
Overview
Statutory Rules 1976 No. 291, made under the Customs Act 1901, amends the Customs (Prohibited Imports) Regulations to address specific issues related to the importation of certain substances that were not adequately covered under the existing regulations. Enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, these amendments aim to enhance the regulatory framework governing the importation of prohibited items. The policy objective is to prevent the entry of harmful substances into the country, thereby protecting public health and safety as well as ensuring compliance with international obligations regarding the control of dangerous goods. These amendments include the removal of a specific item from the Second Schedule and the addition of oil of wormwood to the Eighth Schedule, thereby updating the list of prohibited imports to reflect contemporary concerns and threats.
Scope and Application
The Customs (Prohibited Imports) Regulations 1976, made under the Customs Act 1901, outline specific amendments to the Second and Eighth Schedules concerning the prohibition of certain imports into Australia. These regulations apply to individuals, businesses, and entities involved in importing goods into Australia, focusing on the prohibition of particular items to safeguard public health, safety, and national security. The geographic reach of these regulations is national, as they are enacted at the Commonwealth level, applying uniformly across all states and territories of Australia. The regulations specifically address the prohibition of oil of wormwood, an essential oil derived from plants of the genus Artemisia, and any preparations containing this oil, by adding it to the Eighth Schedule. The application of these regulations may be further defined or extended through subordinate instruments, which can include additional clarifications or specific enforcement measures. There are no stated exclusions or exemptions in these amendments, and the regulations directly apply to all imports of the specified items without thresholds.
Key Provisions
The main operative sections of these Regulations under the Customs Act 1901 involve amendments to the Customs (Prohibited Imports) Regulations. Specifically, Section 1 of the Regulations removes Item 25a from the Second Schedule, while Section 2 inserts a new item, 12A, into the Eighth Schedule. The new item, 12A, concerns the prohibition of "oil of wormwood, being an essential oil obtained from plants of the genus Artemisia, and preparations containing oil of wormwood." This amendment effectively adds this substance to the list of prohibited imports.
The obligations and requirements imposed by these Regulations are primarily on importers and those seeking to bring prohibited items into Australia. Importers must ensure that their goods do not include the newly prohibited items, specifically oil of wormwood and any preparations containing it. Failure to comply with these prohibitions can result in the goods being detained, refused entry, or subject to other regulatory actions. Furthermore, these Regulations necessitate that importers and relevant parties stay informed about changes to the list of prohibited imports, which may require consulting the updated schedules within the Customs (Prohibited Imports) Regulations.
Breaching these Regulations can have significant legal consequences. Under the Customs Act 1901, contravening the prohibitions on importing listed items can lead to civil and criminal penalties. Civilly, the goods in question may be seized, and the importer may face fines. The maximum penalty for contravening these provisions can include substantial fines, depending on the seriousness of the breach and any aggravating circumstances. Criminally, those responsible for the importation of prohibited items may face prosecution, potentially leading to imprisonment, particularly if the breach is considered to be of a serious nature. It is crucial for parties involved in importing goods into Australia to adhere to these regulations to avoid these serious consequences.