EXPLANATORY STATEMENT
Statutory Rules 1987 No.98
Customs (Prohibited Imports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
These Regulations have two purposes:
(i) to extend economic sanctions currently imposed on South Africa to the area known as “Namibia” (formerly South-West Africa); and
(ii) to remove the current restrictions regarding the importation of potatoes into Australia
On 14 May 1987 the Acting Minister for Foreign Affairs issued a news release announcing the extension of economic sanctions on South Africa to include Namibia. The decision to extend these measures to Namibia was taken to guard against the possibility that the South African Government might exploit its illegal occupation of Namibia by using Namibian territory as a trading point through which it could circumvent international trade sanctions. Further, the decision, which has effect from 1 June 1987, is in keeping with Australia’s responsibilities as a member of the United Nations’ Council for Namibia to implement resolutions and decrees of the United Nations calling for the protection of Namibia’s natural resources.
The Government’s decision to remove import controls on potatoes was announced by the Minister for Industry, Technology and Commerce in a news release dated 7 May 1987. This decision is part of the Government’s response to a recent Industries Assistance Commission Report on Vegetables and Vegetable products.
Details of the Regulations are as follows:
Regulation 1 provides that Regulations 2 and 4 dealing with the extension of the economic sanctions against the Republic of South Africa to Namibia, shall come into operation on 1 June 1987, the date when the South African sanctions commence.
Regulation 2 amends Regulation 4Q of the Regulations by inserting the word ‘Namibia’ in subregulation 2. This amendment has the effect of prohibiting the importation of the goods described in Schedule 7A of the Regulations from South Africa or Namibia, unless permission has been granted by the Minister for Foreign Affairs, or an authorised person.
Regulation 3 amends the Second Schedule to the Regulations by omitting item 29, “potatoes”, from the Schedule.
Regulation 4 makes the necessary amendments to Schedule 7A to the Regulations to include Namibia with South Africa as the countries from which to goods listed in the Schedule may not be imported without the permission referred to in Regulation 2 above.
SR 117/87
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1987, issued under the authority of the Minister of State for Industry, Technology and Commerce, were enacted to address two primary issues. Firstly, the regulations extended the economic sanctions imposed on South Africa to include Namibia, formerly known as South-West Africa. This extension was in response to concerns that the South African government might exploit Namibia's territory to circumvent international trade sanctions, thereby undermining global efforts to isolate South Africa. Secondly, these regulations lifted the existing restrictions on the importation of potatoes into Australia, aligning with a broader policy shift following a report by the Industries Assistance Commission on Vegetables and Vegetable Products. The regulations, which came into effect on 1 June 1987, aim to align Australia's trade practices with its international commitments and domestic economic policy adjustments.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1987 No.98 apply to the Commonwealth of Australia, extending economic sanctions against South Africa to Namibia and lifting restrictions on the importation of potatoes. The regulations are issued under the authority of the Minister of State for Industry, Technology and Commerce, with effect from 1 June 1987. The regulations target the importation of goods listed in Schedule 7A from South Africa or Namibia, which are now subject to prohibition without explicit permission from the Minister for Foreign Affairs or an authorised person. This amendment is in line with Australia's obligations under the United Nations' Council for Namibia to safeguard its natural resources against exploitation by South Africa. Additionally, the regulations remove import controls on potatoes, responding to the Industries Assistance Commission Report on Vegetables and Vegetable Products, which aimed to liberalise trade in these goods. The scope of these regulations encompasses the entire Commonwealth, with specific provisions regarding the geographic reach to Namibia and the commodities affected.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) primarily deal with two significant changes: the extension of economic sanctions against South Africa to Namibia and the removal of restrictions on potato imports into Australia. Section 2 of the regulations inserts the term 'Namibia' into subregulation 2 of Regulation 4Q, which effectively prohibits the importation of specified goods from South Africa or Namibia unless authorised by the Minister for Foreign Affairs or an authorised person. These goods are detailed in Schedule 7A of the regulations. This change comes into force on 1 June 1987, the same date the South African sanctions commence, as outlined in Regulation 1.
In terms of obligations, entities and individuals importing goods listed in Schedule 7A must ensure they obtain the necessary permissions from the relevant authorities. This includes verifying that any goods from South Africa or Namibia comply with the sanctions and have the requisite authorisation before they can be legally imported into Australia. For potato imports, the lifting of restrictions means that these can now be imported without the need for special permissions, simplifying the process for importers and potentially increasing the availability of these goods in the Australian market.
Failure to comply with these regulations can result in significant consequences. Importers who attempt to bring in restricted goods from South Africa or Namibia without proper authorisation could face penalties. While the specific penalties are not detailed in the explanatory statement, breaches of customs regulations typically incur fines and, in severe cases, criminal charges. Additionally, the unauthorised importation of prohibited goods can lead to the seizure of the goods by customs officials, further impacting the importer financially and operationally. The exact penalties would be determined based on the severity and intent of the breach, as per the broader customs legislation under which these regulations operate.