Explanatory Statement
Statutory Rules 1986 No. 362
Customs (Prohibited Imports) Regulations (Amendment)
Issued by Authority of the Minister of State for Industry, Technology and Commerce
The purpose of the amendment to the abovenamed Regulations is to remove item 30B (certain television receivers) from the Second Schedule to the Regulations.
Item 30B was added to the Regulations because of the concern expressed by State Electricity Authorities that television receivers of the kind covered by that Item could present a hazard to mains power supplies by direct current discharge. Those authorities now advise that they would have no objection to the import control being removed. They are satisfied that the major overseas manufacturers and importers of such items are aware of Australian standards and that commercial importers are complying with those standards.
State and Territory Electricity Authorities conduct tests on electrical appliances that come onto the market as a matter of course and this is now considered to be the most appropriate way of policing the sale and use of television receivers of the type covered by item 30B, if such policing is required.
The amendment is as follows:
The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by removing from that Schedule item 30B.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 362, issued by authority of the Minister of State for Industry, Technology and Commerce, was enacted to address the specific concern regarding the importation of certain television receivers that were potentially hazardous to mains power supplies due to direct current discharge. This amendment was introduced in response to advice from the State Electricity Authorities, who initially expressed concerns about the safety of these television receivers. However, these authorities have since indicated that they would no longer object to the removal of the import control for these items, as they are satisfied that manufacturers and importers are now adhering to Australian standards. The policy objective behind this amendment is to align the regulatory framework with current safety standards and practices, shifting the responsibility for policing the sale and use of these television receivers to the State and Territory Electricity Authorities through their routine testing of electrical appliances entering the market.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 362 pertains to the amendment of the Customs (Prohibited Imports) Regulations to remove certain television receivers from the list of prohibited imports. This amendment applies to all entities and individuals involved in the importation of television receivers, particularly those who were previously restricted by item 30B of the Second Schedule to the Regulations. The scope of the legislation is primarily concerned with the removal of import restrictions on specific television receivers that were previously considered a hazard to mains power supplies due to potential direct current discharge. The amendment reflects the advice from State and Territory Electricity Authorities who have determined that these television receivers no longer pose a hazard, provided that they comply with Australian standards. This change allows for the removal of the import control previously imposed, thereby impacting the conduct and transactions related to the importation of these items within the Commonwealth of Australia. The amendment does not introduce any new exclusions or thresholds, but rather refines the existing regulatory framework by removing a specific item from the list of prohibited imports.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 362, issued under the authority of the Minister of State for Industry, Technology and Commerce, makes amendments to the existing regulations by removing item 30B from the Second Schedule. This item previously pertained to the prohibition of certain television receivers due to concerns raised by State Electricity Authorities about potential hazards to mains power supplies from direct current discharge. The amendment reflects a change in stance by these authorities, who now believe that the removal of the import control is acceptable, given the compliance of major overseas manufacturers and importers with Australian standards (Reg. 3). This decision is based on the assumption that the State and Territory Electricity Authorities’ routine testing of electrical appliances entering the market is sufficient to monitor and address any potential issues with the sale and use of these television receivers.
The amendment imposes no new obligations on the parties or entities governed by the Customs (Prohibited Imports) Regulations. Instead, it relieves certain obligations that were previously in place under item 30B. The removal of this item from the regulations signifies that the State Electricity Authorities no longer require the federal import control for television receivers of the specified type, as they believe their routine testing measures are adequate. This amendment does not impose any new requirements on manufacturers, importers, or retailers of television receivers; however, it may imply a greater responsibility on these entities to ensure that their products comply with Australian standards.
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 362 does not introduce any new offences, penalties, or civil or criminal consequences for breach. The removal of item 30B from the Second Schedule does not create any new legal ramifications for non-compliance with the amended regulations. However, it is essential to note that the State and Territory Electricity Authorities will continue to conduct tests on electrical appliances entering the market, and any non-compliance with Australian standards may still result in consequences under state or territory legislation. The maximum penalties for breaches of state or territory laws would depend on the specific regulations and statutes in question.