Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Statutory Rules 1965, No. 190, introduced under the Customs Act 1901-1965, addresses the importation of certain goods from Southern Rhodesia. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations specifically prohibit the importation of chromium ore, asbestos, and ferro-alloys produced or manufactured in Southern Rhodesia into Australia without written permission from the Minister. This legislative instrument aims to enforce restrictions on trade with Southern Rhodesia, reflecting broader policy objectives regarding sanctions and international relations during this period. The regulation was made to align with the prevailing international stance on Southern Rhodesia and to ensure compliance with these trade restrictions as part of Australia's customs and excise regulations.

Scope and Application

The Statutory Rules 1965, No. 190, made under the Customs Act 1901-1965, introduce specific amendments to the Customs (Prohibited Imports) Regulations, prohibiting the importation of certain goods from Southern Rhodesia into Australia without explicit written permission from the Minister. This legislative instrument applies to individuals and entities seeking to import chromium ore, including chromite, asbestos, or ferro-alloys produced or manufactured in Southern Rhodesia. The jurisdictional reach of these regulations is national, as they are enacted under Commonwealth authority. Notably, the Act does not specify exclusions or exemptions beyond the requirement for ministerial permission, and its application is not extended or restricted by subordinate instruments. The amendment effectively imposes a prohibition on the importation of the specified goods from Southern Rhodesia, aligning with broader policy considerations of the time.

Key Provisions

The Customs (Prohibited Imports) Regulations, as amended by the Legislative instrument F1996B03667, introduce a prohibition on the importation of specific goods from Southern Rhodesia. Specifically, Regulation 4c is amended to include a new sub-regulation (2). This sub-regulation prohibits the importation of chromium ore, including chromite, asbestos, and ferro-alloys, all produced or manufactured in Southern Rhodesia, unless a written permission to import has been granted by the Minister (section 1). The purpose of this amendment is to restrict the entry of these goods into Australia, thereby implementing a form of economic sanction or political measure against Southern Rhodesia. The obligations imposed by this legislation on parties or entities seeking to import the specified goods from Southern Rhodesia are clear. Any individual or entity wishing to import chromium ore, asbestos, or ferro-alloys produced in Southern Rhodesia must first obtain written permission from the Minister. This permission is a prerequisite for lawful importation, and without it, the goods cannot legally enter Australia (section 1). This regulatory framework is intended to ensure compliance with the government's policy on imports from Southern Rhodesia. Failure to comply with the provisions of this regulation can lead to significant legal consequences. Importing the specified goods without the required permission from the Minister constitutes an offence under the Customs Act 1901-1965. The penalties for such an offence can include fines and, in severe cases, imprisonment. While the specific maximum penalties are not detailed in the text of the legislative instrument, they are typically outlined in the Customs Act or associated regulations. It is important for importers to be aware that non-compliance not only risks financial penalties but also potential legal action by the Australian Customs Service.