Customs (Prohibited Imports) Regulations (Amendment)

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Legislation au F1996B03674 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1968 No.

REGULATION UNDER THE CUSTOMS ACT 1901-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1968.

Dated this fourteenth day of November, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

Amendment of the Customs (Prohibited Imports) Regulations†

Third Schedule—Item 6.

The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting item 6 and inserting in its stead the following item:—

“ 6

 Clinical thermometers.....

 1. A thermometer shall be marked with the name of the country in which it was manufactured.

 

 

 2. A thermometer shall bear the monogram of the National Physical Laboratory of Great Britain or be a thermometer—

 

 

(a) that is free from flaws and constructional defects;

 

 

(b) that is marked in degrees and fractions of a degree that show a range of—

 

 

(i) from 35° Centigrade to 42° Centigrade, both inclusive, or from 95° Fahrenheit to 108° Fahrenheit, both inclusive (in this item referred to as an ‘ ordinary range thermometer ’); or

 

 

(ii) from 25° Centigrade to 40° Centigrade, both inclusive, or from 77° Fahrenheit to 104° Fahrenheit, both inclusive (in this item, referred to as a  ‘sub-normal range thermometer ’);

 

 

(c) that is so marked that the markings representing one degree of temperature are different marks from the marks showing the fractions of a degree;

 

 

(d) that is so marked that the markings representing each degree are of the same length and the markings representing each fraction of a degree are of the same length;

 

 

(e) that, in the case of an ordinary range thermometer marked in degrees Centigrade, when submitted to a test for accuracy by being maintained at several of the temperatures within the range of temperatures marked on the thermometer for not less than three minutes at each of the temperatures selected and, after being so maintained at each of those temperatures for that period, by cooling to a temperature of 20° Centigrade, shows a reading at each of those temperatures that does not vary by more than 0.15° Centigrade from the temperature at which the thermometer was so maintained;

* Notified in the Commonwealth Gazette on 1968.

† 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; and 1967, Nos, 41, 58, 114 and 178.

17771/68—Price 5c 10/18.9.1968

“ 6

 Clinical thermometers— continued

(f) that, in the case of an ordinary range thermometer marked in degrees Fahrenheit, when submitted to a test for accuracy by being maintained at several of the temperatures within the range of temperatures marked on the thermometer for not less than three minutes at each of the temperatures selected and, after being so maintained at each of those temperatures for that period, by cooling to a temperature of 68° Fahrenheit, shows a leading at each of those temperatures that does not vary by more than 0.30° Fahrenheit from the temperature at which the thermometer was so maintained;

 

 

(g) that, in the case of a sub-normal range thermometer marked in degrees Centigrade, when submitted to a test for accuracy by being maintained at several of the temperatures within the range of temperatures marked on the thermometer for not less than three minutes at each of the temperatures selected and, after being so maintained at each of those temperatures for that period, by cooling to a temperature of 20° Centigrade, shows a leading at each of those temperatures that does not vary by more than 0.45° Centigrade from the temperature at which the thermometer was so maintained; and

 

 

(h) that, in the case of a sub-normal range thermometer marked m degrees Fahrenheit, when submitted to a test for accuracy being maintained at several of the temperatures within the range of temperatures marked on the thermometer for not less than three minutes at each of the temperatures selected and, after being so maintained at each of those temperatures for that period, by cooling to a temperature of 68° Fahrenheit, shows a reading at each of those temperatures that does not vary by more than 0.80° Fahrenheit from the temperature at which the thermometer was so maintained.”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Statutory Rules 1968 No. 17771, enacted under the Customs Act 1901-1968, introduced specific regulations for clinical thermometers to address quality control and safety concerns associated with the importation of such devices. This legislative instrument was made by the Governor-General in Council, reflecting the Federal Executive Council's advice. The primary objective of these regulations was to ensure that clinical thermometers imported into Australia met stringent standards of accuracy and reliability, thereby safeguarding public health. This was achieved by specifying detailed manufacturing and performance criteria for clinical thermometers, including requirements for markings, range, and accuracy tolerances.

Scope and Application

The Statutory Rules 1968 No. 17771, made under the Customs Act 1901-1968, specifically amend the Customs (Prohibited Imports) Regulations to update the standards and requirements for clinical thermometers. This regulation applies to clinical thermometers imported into Australia and requires that these thermometers meet certain specifications, including the need for accurate temperature markings and the absence of flaws and constructional defects. The regulation applies to any individual or entity importing clinical thermometers into the Commonwealth of Australia, affecting the medical and healthcare industries primarily. There are no stated exclusions or exemptions within the scope of these regulations, meaning that all clinical thermometers imported into Australia must comply with the outlined standards. The regulation extends its application through subordinate instruments that may further detail the enforcement and compliance measures. This legislative instrument aims to ensure that clinical thermometers entering Australia are safe and reliable for medical use.

Key Provisions

The main operative sections of the Statutory Rules 1968 No. 1968/10, made under the Customs Act 1901-1968, focus on the detailed specifications and requirements for clinical thermometers imported into Australia. According to section 6 of the Third Schedule to the Customs (Prohibited Imports) Regulations, clinical thermometers must be marked with the country of manufacture, bear the National Physical Laboratory of Great Britain's monogram, or meet specific construction and accuracy criteria (Item 6). The thermometers must be free from flaws and constructional defects, and they must display temperature markings that differentiate between whole degrees and fractions of a degree, ensuring uniformity in the length of these markings. Furthermore, thermometers must adhere to specific temperature ranges, either ordinary or sub-normal, and they must pass accuracy tests within prescribed tolerances. The obligations imposed by this legislation on the parties or entities it governs include ensuring that all clinical thermometers imported into Australia meet the specified standards. Importers and manufacturers must verify that the thermometers are correctly marked with the country of manufacture or the appropriate monogram, and they must ensure that the thermometers comply with the required temperature ranges and accuracy tests. These obligations extend to conducting appropriate tests to confirm that the thermometers meet the specified accuracy tolerances, which are crucial for ensuring the reliability and safety of the thermometers in medical applications. In terms of consequences for non-compliance, the Statutory Rules 1968 No. 1968/10 do not explicitly detail the penalties or specific civil or criminal consequences for breach. However, under the broader framework of the Customs Act 1901-1968, non-compliance with customs regulations can lead to significant penalties. For example, the importation of prohibited or non-compliant goods can result in fines, confiscation of the goods, and potential criminal charges. The severity of the penalties can vary depending on the nature and extent of the breach, but they can include substantial financial penalties and other legal repercussions that could affect the importer's ability to conduct business in Australia.

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