EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 128
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State for Industry and Commerce.
The Regulation inserts a new regulation 4P into the Customs (Prohibited Imports) Regulations to introduce control measures for the importation into Australia of cordless telephones.
The amendment was sought by the Minister for Communications, who considers that the amendment is necessary to prevent the importation into Australia of large numbers of cordless telephones which do not comply with the relevant Telecom and Department of Communications specifications.
These cordless telephones, which, pursuant to the Wireless Telegraphy Act 1905 and the Telecommunications Act 1975, may not be legally used in Australia or attached to the Telecom network could cause interference to television reception. Some of these telephones which use high power could cause interference to aviation communications and thereby pose a threat to aviation saftey.
The amendment prohibits the importation into Australia of those cordless telephones which either do not satisfy the Department of Communciations’ licensing criteria guarding against radio frequency interference or are not suitable for attachment to the Telecom network for reasons relating to electrical safety or technical compatability.
Details of Regulation 4P are set out below:
Sub-regulation (1) defines “authorized officer”, “cordless telephone”, “Minister” and “relevant component of a cordless telephone” for the purposes of the Regulation.
Sub-regulations (2) and (3) prohibit the importation of cordless telephones or a relevant component unless permission for such importation has been given by the Minister for Communications or an authorized officer, or the cordless telephones are of a kind specified in an approval for importation given by the Minister for Communications by notice published in the Gazette.
Sub-regulation (4) provides that in considering whether the above permission or approval should be given, the Minister for Communications or the authorized officer shall take into account relevant matters including whether the use of the cordless telephone in question would be likely to cause injury to persons or damage to property or cause interference with the use of other equipment used in radio communication.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 128, enacted by the Minister of State for Industry and Commerce, addresses the problem of non-compliant cordless telephones being imported into Australia. This regulation aims to prevent the importation of cordless telephones that do not meet the Telecom and Department of Communications specifications, which could lead to interference with television reception, aviation communications, and pose a threat to aviation safety. The amendment was introduced at the request of the Minister for Communications, whose policy objective is to safeguard against radio frequency interference and ensure the electrical safety and technical compatibility of devices attached to the Telecom network.
The regulation introduces control measures by inserting a new regulation 4P into the Customs (Prohibited Imports) Regulations, prohibiting the importation of non-compliant cordless telephones or their components unless specific permissions or approvals have been granted by the relevant authorities. The decision to grant such permissions or approvals hinges on considerations including the potential for injury, property damage, and interference with other radio communication equipment.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) introduced by Statutory Rules 1984 No. 128 applies to the importation of cordless telephones into Australia. This regulation, inserted as regulation 4P, targets specific entities and industries involved in the importation of such goods, ensuring that they comply with the standards set by the relevant authorities. The geographic scope of this legislation is national, as it applies across all jurisdictions within Australia. The primary objective of this amendment is to prevent the importation of cordless telephones that do not meet the specifications mandated by the Telecom and Department of Communications, which is essential to avoid interference with television reception and aviation communications. The regulation specifically excludes any cordless telephones that meet the criteria set by the Department of Communications regarding radio frequency interference and electrical safety from being imported without proper authorisation.
This amendment extends the application of the Customs (Prohibited Imports) Regulations by imposing stringent controls on the importation of cordless telephones. Any importation of these items without the necessary approval from the Minister for Communications or an authorized officer is prohibited. The amendment allows for the issuance of specific permits or approvals for certain kinds of cordless telephones, provided they are published in the Gazette. The decision to grant such approvals or permissions hinges on various factors, including the potential for the imported items to cause harm, damage, or interference. This regulation thus ensures the protection of public safety and the integrity of telecommunications and aviation systems within Australia.
Key Provisions
The Customs (Prohibited Imports) Regulations have been amended to include a new regulation, 4P, which specifically targets the importation of cordless telephones into Australia (s.1). This regulation is intended to enforce stricter controls to prevent the importation of cordless telephones that do not meet the necessary specifications outlined by the Department of Communications and Telecom, and which could potentially cause interference with television reception or aviation communications (s.1).
Under this amendment, the importation of cordless telephones is prohibited unless specific conditions are met. The Minister for Communications or an authorized officer must give permission for such importation, or the telephones must be of a kind specified in an approval notice published in the Gazette by the Minister for Communications (s.2, s.3). This permission or approval takes into account various factors, including the potential for the telephones to cause harm or interference (s.4).
Entities or individuals wishing to import cordless telephones must ensure compliance with these new requirements. This involves obtaining the necessary permissions or ensuring that the telephones are of a kind specified in the approval notice. Failure to comply with these provisions could result in the goods being refused entry into Australia and may lead to other legal or financial repercussions.
Breaches of these regulations can result in significant consequences. The importation of non-compliant cordless telephones can be considered an offence under the Customs Act 1901. Those found guilty of such offences could face penalties, including fines or imprisonment, depending on the severity of the breach. The exact penalties are not specified in the explanatory statement but are generally aligned with the provisions of the Customs Act.