Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 254
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 254
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901 (C'th)
Customs (Prohibited Imports) Regulations (Amendment)
Section 270 of the Customs Act 1901 (C'th) (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
Section 50 of the Customs Act 1901 ("the Act") provides in part that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
"(2) The power conferred by the last preceding subsection may be exercised - (a) by prohibiting the importation of goods absolutely, ...or (aa) by prohibiting the importation of goods in specified circumstances; ... or (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
"(3) Without limiting the generality of paragraph (2)(c), the regulations - ...(a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and"
The Customs (Prohibited Imports) Regulations (the Regulations) control the import of goods specified in the various Regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making importation subject to the permission of a Minister or a specified person.
Regulation 4M previously prohibited the importation of radiotelephony equipment with the technical characteristics prescribed in that regulation.
Regulation 4P previously prohibited the importation of cordless telephones unless a permission was produced to a Collector.
Regulation 2 has repealed the import controls on radiotelephony equipment prescribed by regulation 4M. Regulation 3 has repealed the import controls on cordless phones prescribed by regulation 4P.
The import restrictions were originally considered necessary to reduce the risk of interference to air service operations and to television services from high powered equipment incompatible with Australian Standards.
Consultation involving the Spectrum Management Agency, Austel, Customs and Airservices Australia has been undertaken. All parties agreed that the restrictions were no longer required as the Spectrum Management Agency now has significant powers under the Radiocommunications Act 1992, in relation to the possession, use and sale of non-standard equipment. In addition, the rapid adoption of new cellular mobile telephone services has significantly reduced the demand for high power cordless telephones.
The Regulation commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 254, issued under the authority of the Minister for Customs and Consumer Affairs, amends the Customs (Prohibited Imports) Regulations to address outdated restrictions on the import of certain telecommunications equipment. This amendment arises from the Customs Act 1901, which allows the Governor-General to make regulations regarding the importation of goods into Australia. Specifically, the amendment repeals the import controls on radiotelephony equipment and cordless telephones that were previously subject to specific regulatory restrictions aimed at preventing interference with air service operations and television services. The changes reflect the evolving technological landscape and the regulatory capabilities now vested in the Spectrum Management Agency under the Radiocommunications Act 1992. The policy objective of these amendments is to ensure that import regulations remain current and aligned with technological advancements and existing legislative frameworks.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 254 applies to the importation of goods into Australia and is made under the authority of the Customs Act 1901 (C'th). These regulations, which amend existing import controls, specifically address the importation of radiotelephony equipment and cordless telephones by either prohibiting their importation outright or subjecting it to the need for a licence or permission. The Regulations apply to all persons and entities attempting to import these goods into Australia, ensuring compliance with the stated prohibitions or conditions. The jurisdictional reach of these regulations is national, applying across all states and territories of Australia. There are no stated exclusions or exemptions in these specific amendments, but they do reflect the broader legislative framework under which the Customs Act operates. The Regulations may also be extended or further restricted through subordinate instruments, allowing for ongoing adjustments in response to technological changes and other factors affecting the importation of these goods.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 254 primarily modifies the existing regulations concerning the importation of certain goods into Australia. Under Section 50 of the Customs Act 1901, the Governor-General is empowered to make regulations that prohibit or restrict the importation of goods, including by specifying conditions or requiring permissions. This amendment specifically repeals two existing regulations. Regulation 4M, which had prohibited the importation of radiotelephony equipment with certain technical characteristics, is repealed by Regulation 2. Similarly, Regulation 4P, which had prohibited the importation of cordless telephones unless a permission was presented to a Collector, is repealed by Regulation 3. These changes reflect a shift in regulatory focus due to new legislative powers and market dynamics.
The obligations imposed by the amended Regulations are minimal, as they primarily serve to remove existing restrictions. Importers who previously needed to comply with the now-repealed regulations no longer require permissions or licenses for the importation of radiotelephony equipment and cordless telephones. However, importers must still ensure that their goods comply with all other applicable customs regulations and that they meet any new requirements that may be introduced under the Customs Act 1901 or other relevant legislation. This includes ensuring that the goods do not contravene any other import restrictions that remain in force.
Failure to comply with the Customs Act 1901 or any regulations made under it can result in significant penalties. Under Section 273 of the Act, a person who contravenes any provision of the Act or the regulations is liable to a penalty. The maximum penalty for a corporation can be up to $210,000, while the penalty for an individual can be up to $42,000. Additionally, criminal proceedings can be initiated, leading to fines and potential imprisonment. The precise penalties depend on the nature and severity of the breach, but they serve as a strong deterrent against non-compliance.
It is important for anyone involved in importing goods into Australia to stay informed about the current regulations and any amendments that may affect their activities. The repealed regulations demonstrate how regulatory environments can evolve in response to new technologies and policy shifts, underscoring the need for ongoing vigilance and compliance.