Customs (Prohibited Imports) Regulations (Amendment)

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Statutory Rules

1978 No.

REGULATIONS UNDER THE CUSTOMS ACT 1901*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated this twenty-second day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

(SGD) WAL FIFE

Minister of State for Business and Consumer Affairs

AMENDMENTS OF THE CUSTOMS (PROHIBITED IMPORTS)
REGULATIONS†

1. After regulation 4k of the Customs (Prohibited Imports) Regulations the following regulation is inserted:

Prohibition of importation of non-metric measuring devices

“ 4l. (1) The importation into Australia of a measuring device for measuring a physical quantity by using any unit of measurement other than a unit of measurement identified on that measuring device—

(a) by a name or symbol of a unit comprised in the International System of Units for the time being approved by the General Conference on Weights and Measures;

(b) by a name or symbol of a unit decimally related to a unit of measurement referred to in paragraph (a) and for the time being so approved, being a unit the name or symbol of which is prefixed by—

(i) exa or E;

(ii) peta or P;

(iii) tera or T;

* Notified in the Commonwealth of Australia Gazette on 29 December 1978.

† Statutory Rules 1950 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, 51, 114 and 178; 1963 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162.

14519/78 Cat. No.   —Recommended retail price 20c   20/14.12.1978


(iv) giga or G;

(v) mega or M;

(vi) kilo or k;

(vii) milli or m;

(viii) micro or μ;

(ix) nano or n;

(x) pico or p;

(xi) femto or f; or

(xii) atto or a;

(c) by the name or symbol of—

(i) the litre, the sievert or the rem;

(ii) a unit decimally related to the litre, the sievert or the rem, being a unit the name or symbol of which is prefixed in the manner referred to in paragraph (b); or

(iii) a unit, being a time rate of change of a unit referred to in sub-paragraph (i) or (ii), expressed as a rate per second, a rate per minute, a rate per hour or a rate per day;

(d) by a name specified in Column 2 of Schedule 9; or

(e) by a symbol specified in Column 3 of Schedule 9,

is prohibited unless a permission in writing to import that measuring device has been granted by the Minister of State for Science and the Environment or an authorized officer and the permission is produced to the Collector.

“ (2) Permission to import a measuring device under sub-regulation (1) shall not be granted unless the Minister of State for Science and the Environment or an authorized officer is satisfied that the measuring device—

(a) is essential for the repair, maintenance or modification of existing plant or machinery;

(b) will be used to perform a function for which there is a continuing need to use a unit of measurement other than a unit of measurement identified in a manner referred to in sub-regulation (1);

(c) measures a physical quantity by using a unit of measurement—

(i) required by law; or

(ii) required by an established technical standard,

and an equivalent measuring device for measuring a physical quantity by using a unit of measurement identified in a manner referred to in sub-regulation (1) cannot be used; or


(d) will, without being used in Australia, be exported within a period of 12 months after the date of importation into Australia.

“ (3) Sub-regulation (1) does not apply to a measuring device that—

(a) is an integral part of another device other than a device that is itself intended to be used to measure a physical quantity;

(b) is part of the personal effects or household goods imported by a person who is a passenger or a member of the crew of a ship or aircraft;

(c) uses only descriptive words to indicate a range of values of a physical quantity;

(d) is graduated in percentages or in pure numbers;

(e) is imported into Australia as a single item for use as a replacement part in industrial plant, machinery or equipment;

(f) is imported into Australia for repair or recalibration and will be exported on completion of that work;

(g) is imported into Australia to fulfil a contract with the Commonwealth for the supply, repair, maintenance or modification of equipment for military use by the Defence Force; or

(h) is included in a class of measuring devices described in Column 2 of Schedule 10.

“ (4) A reference in this regulation to an authorized officer shall be read as a reference to an officer of the Department of Science and the Environment authorized in writing by the Minister of State for Science and the Environment for the purposes of this regulation.”.

Third Schedule

2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting sub-clauses (i) and (ii) of clause (b) of paragraph 2 in the third column in item 6 and substituting the following sub-clauses:

“ (i) from 35° Celsius to 42° Celsius, both inclusive (in this paragraph referred to as an ‘ordinary range thermometer ’) ; or

(ii) from 25° Celsius to 40° Celsius, both inclusive (in this paragraph referred to as a ‘sub-normal range thermometer ’) ;”; and

(b) by omitting clauses (f) and (h) of paragraph 2 in the third column in item 6.


Schedules 9. and 10

3. After the Eighth Schedule to the Customs (Prohibited Imports) Regulations the following Schedules are added:

SCHEDULE 9    Sub-regulation 4l (1)

NAMES AND SYMBOLS OF UNITS OF MEASUREMENT

Column 1

Column 2

Column 3

Item

Name

Symbol

1

degree........................................

°

2

minute........................................

3

second........................................

4

degree Celsius...................................

°C

5

hour..........................................

h

6

minute……………………………………………………………….

min

7

kilometre per hour.................................

km/h

8

revolution per second...............................

r/s

9

revolution per minute...............................

r/min

10

centimetre......................................

cm

11

square centimetre.................................

cm2

12

cubic centimetre..................................

cm3

13

decibel........................................

dB

14

electronvolt.....................................

eV

15

kiloelectronvolt..................................

keV

16

megaelectronvolt.................................

MeV

17

gigaelectronvolt..................................

GeV

18

tonne.........................................

t

19

tonne per cubic metre..............................

t/m3

20

kilogram per litre.................................

kg/L or kg/l

21

gram per litre....................................

g/L or g/l

22

mole per litre....................................

mol/L or mol/l

23

millimole per litre.................................

mmol/L or mmol/l

24

micromole per litre................................

μmol/L or μmol/l

25

nanomole per litre.................................

nmol/L or nmol/l

26

reciprocal litre...................................

1/L

27

nautical mile....................................

n mile

28

knot..........................................

kn

29

tex...........................................

tex

30

kilotex........................................

ktex

31

decitex........................................

dtex

32

kilogram per hectolitre..............................

kg/hL or kg/hl

33

kilowatt hour....................................

kW.h

34

megawatt hour...................................

MW.h

35

gigawatt hour....................................

GW.h

36

kilogram per hectare...............................

kg/ha

37

tonne per hectare.................................

t/ha

38

litre per hectare..................................

L/ha or l/ha

39

millilitre per hectare...............................

mL/ha or ml/ha

40

square decimetre..................................

dm2

41

millimetre of mercury..............................

mmHg

42

gram per second..................................

g/s

43

gram per minute..................................

g/min

44

gram per hour....................................

g/h

45

gram per day....................................

g/d

46

kilogram per second...............................

kg/s

47

kilogram per minute...............................

kg/min

48

kilogram per hour.................................

kg/h

49

kilogram per day..................................

kg/d

50

tonne per second..................................

t/s

51

tonne per minute..................................

t/min

52

tonne per hour...................................

t/h

53

tonne per day....................................

t/d

54

cubic metre per second..............................

m3/s

55

cubic metre per minute..............................

m3/min

56

cubic metre per hour...............................

m3/h

57

cubic metre per day................................

m3/d


SCHEDULE 10   Paragraph 4l (3) (h)

MEASURING DEVICES TO WHICH SUB-REGULATION 4l (1) DOES NOT APPLY

Column 1

Column 2

Item

Class of measuring devices

1

Precision instruments or gauges being devices of a kind used for measuring in engineering metrology, whether mechanical, electrical or electronic, namely—

 

(a) micrometers;

 

(b) vernier calipers and vernier height gauges;

 

(c) depth and height gauges;

 

(d) dial gauges and dial test indicators;

 

(e) comparators;

 

(f) feeler gauges;

 

(g) gauge blocks and accessories;

 

(h) length bars and accessories;

 

(i) plain and taper plug gauges;

 

(j) plain and taper ring gauges;

 

(k) gap gauges;

 

(l) profile gauges;

 

(m) spline and serration gauges;

 

(n) screw thread measuring devices;

 

(o) parallel and taper screw plug gauges and accessories;

 

(p) parallel and taper screw ring gauges;

 

(q) parallel and taper adjustable thread gauges;

 

(r) gear and hob checking and measuring devices

2

Measuring devices for checking or calibrating a measuring device of a type specified in item 1

3

Measuring tapes for the mining industry having a length of 50 feet or more and having a scale graduated in—

 

(a) feet; and

 

(b) decimals of a foot,

 

with or without graduations in metric units of measurement of length

4

Manometers for measuring a head of fluid having a scale graduated in—

 

(a) millimetres;

 

(b) centimetres; or

 

(c) metres

5

Pressure gauges for medical or clinical apparatus having a scale graduated in—

 

(a) millimetres of water;

 

(b) centimetres of water; or

 

(c) millimetres of mercury,

 

with or without graduations in pascals or kilopascals

6

Reference pressure gauges for testing or calibrating other pressure gauges having a scale graduated in—

 

(a) any units of measurement of pressure other than—

 

(i) bars; or

 

(ii) kilograms force per square centimetre; and

 

(b) pascals, kilopascals or megapascals

7

Tyre pressure gauges and air pumps having a scale graduated in—

 

(a) kilopascals; and

 

(b) pounds force per square inch

8

Pressure switches, regulators or transducers not having a graduated scale but having an operating value or range that is indicated in—

 

(a) pascals;

 

(b) kilopascals; or

 

(c) megapascals,

 

with or without the operating value or range indicated in pounds per square inch

9

Temperature switches, regulators, thermostats and thermistors not having a graduated scale but having an operating value that is indicated in—

 

(a) kelvins; or

 

(b) degrees Celsius

 

with or without the operating value or range indicated in degrees Fahrenheit or degrees Rankine


SCHEDULE 10—continued

Column 1

Column 2

Item

Class of measuring devices

10

Torque measuring devices including torque wrenches and torque screwdrivers having a scale graduated in newton metres or kilonewton metres and—

 

(a) pounds force inches;

 

(b) pounds force feet; or

 

(c) pounds force inches and pounds force feet

11

Devices for the calibration of torque measuring devices described in item 10

12

Engine performance-testing equipment, including compression testers and dynamometers having a scale graduated in a unit of measurement identified in a manner referred to in sub-regulation 4l (1) with or without graduations in an imperial unit of measurement

13

Reference flow meters for testing or calibrating other flow meters having a scale graduated in—

 

(a) a unit of measurement identified in a manner referred to in sub-regulation 4l (1); and

 

(b) gallons per second, gallons per minute, gallons per hour or gallons per day

14

Devices having a visual display of numbers produced electronically to represent the measurement of a physical quantity in a unit of measurement identified in a manner referred to in sub-regulation 4l (1) and having a mechanism of a kind that enables that measurement to be displayed in another unit of measurement

15

Ionic concentration meters, including pH meters

16

Kitchen scales and measuring jugs graduated in—

 

(a) a unit of measurement identified in a manner referred to in sub-regulation 4l (1); and

 

(b) an imperial unit of measurement

17

Hydrometers having a scale with graduations that represent a percentage of a substance being measured, including alcoholometers and Brix hydrometers.

18

Hydrometers having a scale graduated in degrees Baumé

19

Measuring instruments for installation in, or attachment to—

 

(a) an aircraft cockpit control panel; or

 

(b) an aircraft simulator control panel

20

Barometers having a scale graduated in—

 

(a) millibars; or

 

(b) millibars and kilopascals

21

Instruments for testing the operation of hydraulic systems being instruments graduated in—

 

(a) a unit of measurement identified in a manner referred to in sub-regulation 4l (1); and

 

(b) an imperial unit of measurement

22

Weights for dead weight testers designated in a unit of measurement of pressure other than—

 

(a) bars;

 

(b) kilograms force per square centimetre; or

 

(c) atmospheres

Printed by Authority by the Commonwealth Government Printer

Overview

The Customs (Prohibited Imports) Regulations 1978, made under the Customs Act 1901, were introduced to address the issue of regulating the importation of measuring devices that do not use units of measurement aligned with the International System of Units (SI). Enacted by the Governor-General of Australia, acting on the advice of the Federal Executive Council, these regulations aim to ensure consistency and accuracy in the use of measurement units across Australia. The policy objective is to prevent the importation of non-SI measuring devices unless specific conditions are met, thereby promoting uniformity and facilitating trade and scientific activities that require precise measurements. The regulations prohibit the importation of measuring devices that use units not recognised by the SI unless permission is granted by the Minister of State for Science and the Environment or an authorised officer. These regulations also establish criteria for granting permission to import such measuring devices, such as their necessity for repair or maintenance of existing equipment, compliance with legal or technical standards, and temporary importation for specific purposes. Exemptions are provided for various categories of measuring devices, including those that are part of personal effects, used in specific industries, or integral parts of other devices. The regulations include schedules listing units of measurement and classes of measuring devices that are subject to or exempt from the prohibition.

Scope and Application

The Customs (Prohibited Imports) Regulations, as amended, apply to all persons and entities engaged in importing goods into Australia, particularly focusing on measuring devices that do not comply with the metric system. These Regulations are made under the authority of the Customs Act 1901 and have a national jurisdictional reach, applying across the Commonwealth of Australia. The Regulations prohibit the importation of measuring devices that use units of measurement not recognised by the International System of Units (SI) unless specific written permission has been granted by the Minister of State for Science and the Environment or an authorised officer. Exceptions to this prohibition include devices that are integral parts of other devices, personal effects or household goods, graduated in percentages or pure numbers, imported for industrial use, imported for repair and recalibration with intent to export, supplied for military use by the Defence Force, or classified in Schedule 10. The Regulations are further clarified and defined through the inclusion of Schedules 9 and 10, which list permissible units of measurement and exempt classes of measuring devices, respectively. Subordinate instruments may further extend or restrict the application of these Regulations.

Key Provisions

The main operative sections of the Customs (Prohibited Imports) Regulations, as amended, pertain to the prohibition of certain non-metric measuring devices being imported into Australia unless specific conditions are met. Regulation 4l(1) states that the importation of measuring devices using units of measurement not specified in the International System of Units (SI) or certain other units is prohibited unless written permission is obtained from the Minister of State for Science and the Environment or an authorized officer. This permission is contingent upon the device being essential for specific functions, such as repair, maintenance, or modification of existing plant or machinery, or for fulfilling a legal or technical requirement where an equivalent metric device cannot be used. Additionally, devices that will be exported within a year of importation are exempt from this prohibition. The Regulations impose several obligations and requirements on parties attempting to import such measuring devices. Firstly, applicants must demonstrate the necessity of the device for specific purposes as outlined in the Regulations. Secondly, applicants must provide evidence that the device is required by law or an established technical standard and that no equivalent metric device can be used. Thirdly, if the device will not be used in Australia, proof of its intended export within a year must be provided. The Regulations also require that applicants submit a written request for permission to import, and that any permission granted is accompanied by the relevant documentation when the device is presented to the Collector. Breaches of these Regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the excerpt, violations of customs regulations generally can result in penalties under the Customs Act 1901, which may include fines or imprisonment. Importers found in violation of these provisions without the required permissions could face confiscation of the non-compliant measuring devices, fines, and potentially criminal charges if the breach is deemed serious enough.

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