Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 38, enacted under the Customs Act 1901-1935, addresses the need to regulate the importation of specific goods, particularly focusing on amendments to the Customs (Prohibited Imports) Regulations. These regulations were created by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these amendments was to adjust the restrictions on certain imports, specifically altering the conditions for the importation of sugar and particular seeds. This was achieved by removing sugar from the list of prohibited imports and introducing new conditions for the importation of cocksfoot and lucerne seeds, which required the seeds to be dyed to ensure traceability and compliance with phytosanitary measures.

Scope and Application

These Regulations made under the Customs Act 1901-1935 apply to the importation of specific goods into Australia, impacting entities and individuals involved in the importation process. The Regulations particularly affect the importation of sugar, specifically cane sugar and beet sugar, as well as cocksfoot and lucerne seeds, by imposing certain conditions and restrictions on their importation. The Regulations' jurisdiction is federal, extending across the Commonwealth of Australia and governed by the Commonwealth authority. Notably, the Regulations do not explicitly mention exclusions, exemptions, or thresholds, but they do detail specific conditions for the importation of certain seeds, such as the requirement for cocksfoot seed to be from a highly persistent strain grown under government supervision or contain a percentage of dyed seed. The application of these Regulations can be extended or modified through subsequent subordinate instruments under the Customs Act.

Key Provisions

The main operative sections of the Regulations under the Customs Act 1901-1935 involve amendments to the Customs (Prohibited Imports) Regulations, specifically targeting the Second and Third Schedules. Section 1 of the Statutory Rules removes sugar, both cane and beet, from the list of prohibited imports, thus permitting their entry into Australia. Sections 2 and 3, on the other hand, introduce new conditions and restrictions for the importation of cocksfoot seed (Item No. 11) and lucerne seed (Item No. 12). For cocksfoot seed, the amendment stipulates that it must be proven to the satisfaction of the Collector that the seed is of a highly persistent strain grown under government supervision in the country of origin, or alternatively, the seed must contain at least one percent of seed uniformly stained a distinct red colour by treatment with a solution of dye. For lucerne seed, the amendment requires that at least ten percent of the seed must be uniformly stained a distinct red colour by treatment with a solution of Eosine or another suitable red dye. The Regulations impose specific obligations and requirements on importers and relevant parties. Importers of cocksfoot and lucerne seeds must ensure that their shipments meet the outlined conditions. This includes providing proof of the seed's origin and government supervision or ensuring that the required percentage of seeds is stained as specified. The Collector of Customs holds the authority to verify these conditions and may require additional documentation or samples to ensure compliance. Failure to meet these requirements could result in the detention or rejection of the imported seeds. There are no explicit mentions of offences, penalties, or civil/criminal consequences for breach of these Regulations within the text. However, the implication of non-compliance could lead to the detention or rejection of the goods at the border, which would incur additional costs and delays for the importer. Further consequences may arise if the imported goods do not meet the required standards, potentially leading to further penalties or actions under other relevant legislation.