Statutory Rules
1973 No. 162
REGULATION UNDER THE CUSTOMS ACT 1901-1971.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1971.
Dated this twenty-third day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LIONEL MURPHY
Attorney-General.
Amendments of the Customs (Prohibited Imports) Regulations†
Importation of blasphemous, indecent, obscene, &c., goods.
Regulation 4a of the Customs (Prohibited Imports) Regulations is amended—
(a) by omitting from sub-regulations (2) and (3) the word “Minister” (wherever occurring) and substituting the word “Attorney-General”; and
(b) by adding at the end thereof the following sub-regulations:—
“(4) The Attorney-General may, by writing under his hand, delegate all or any of his powers, duties or functions under this regulation except this power of delegation.
“(5) A power, duty or function so delegated may be exercised or performed by the person to whom it is delegated in accordance with the instrument of delegation.
“(6) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a duty or function by the Attorney-General.”.
* Notified in the Australian Government Gazette on 30 August 1973.
† 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; and 1973, Nos. 5, 6, 42, 43, 89 and 93.
Overview
The Statutory Rules 1973 No. 162, enacted under the Customs Act 1901-1971, addresses the need for updated regulatory authority and delegation mechanisms for the importation of prohibited goods, specifically blasphemous, indecent, and obscene items. This legislative instrument, issued by the Governor-General of Australia with the advice of the Executive Council, modifies the Customs (Prohibited Imports) Regulations to replace the term "Minister" with "Attorney-General" in certain sub-regulations, thereby centralising the regulatory power under the Attorney-General's purview. Additionally, it introduces provisions that allow the Attorney-General to delegate certain powers, duties, or functions related to these regulations, ensuring flexibility and efficiency in the administration of customs laws while maintaining the Attorney-General's overarching control through revocable delegations.
Scope and Application
The Customs (Prohibited Imports) Regulations 1973, made under the Customs Act 1901-1971, pertain to the regulation of the importation of goods that are considered blasphemous, indecent, obscene, or otherwise prohibited. This legislation applies to any person or entity involved in the importation of goods into Australia, effectively extending its reach to all individuals and entities that engage in cross-border trade activities. The regulation is a federal instrument and therefore has a national jurisdictional scope, ensuring consistency in the enforcement of customs laws across all states and territories of Australia. Notably, the Attorney-General has the authority to delegate powers and functions under this regulation, providing flexibility in its administration. However, the power of delegation itself is non-delegable, ensuring that ultimate control remains with the Attorney-General. This legislative instrument does not specify exclusions, exemptions, or thresholds but allows for the creation of subordinate instruments to further extend or restrict its application.
Key Provisions
The primary operative sections of the regulation (4a) amend the Customs (Prohibited Imports) Regulations, which govern the importation of items that are considered blasphemous, indecent, or obscene. Specifically, the regulation modifies sub-regulations (2) and (3) by replacing references to the "Minister" with "Attorney-General". Additionally, it introduces new sub-regulations (4), (5), and (6). Sub-regulation (4) allows the Attorney-General to delegate any of his powers, duties, or functions under this regulation, except for the power of delegation itself. Sub-regulation (5) states that a delegated power, duty, or function may be exercised or performed by the person to whom it is delegated, in accordance with the instrument of delegation. Finally, sub-regulation (6) clarifies that a delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a duty or function by the Attorney-General.
The regulation imposes certain obligations and requirements on the parties or entities it governs. The Attorney-General, as the key authority in this context, must exercise his powers, duties, or functions in accordance with the delegations made under sub-regulation (4). Any delegated powers, duties, or functions must be exercised or performed as specified in the instrument of delegation (sub-regulation 5). Moreover, the Attorney-General retains the ability to revoke any delegation at any time, ensuring that the power ultimately remains with him (sub-regulation 6).
There are no explicit offences, penalties, or civil/criminal consequences stated within the regulation for breaches of the provisions. However, any actions taken under this regulation would still be subject to the broader legal framework provided by the Customs Act 1901-1971, and any related legislation or regulations. For example, if an individual or entity were to import prohibited items in contravention of the Act, they could face criminal charges, fines, or other penalties as prescribed by law. The specific penalties would depend on the nature and severity of the offence, as well as any relevant case law or legal precedents.