EXPLANATORY STATEMENT
Statutory Rules 1985 No. 377
Customs (Prohibited Imports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
In August 1985 the Government announced it’s decision to introduce a range of selective economic and other measures against South Africa in line with United Nations Security Council resolutions.
The purpose of the regulations is to insert a new regulation 4Q into the Customs (Prohibited Imports) Regulations (“the Regulations”) to prohibit the importation into Australia from the Republic of South Africa of certain goods unless the permission of the Minister for Foreign Affairs, or a person authorized by that Minister, is produced to a Collector of Customs.
The regulations introduce the prohibition as follows:
• regulation 1 is a formal regulation defining the term “Principal Regulations” in the amending regulations to mean the Customs (Prohibited Imports) Regulations;
• regulation 2 inserts a new regulation 4Q into the Regulations which:
- sub-regulation 4Q.(1) defines the term “authorized person” to mean a person appointed in writing by the Minister for Foreign Affairs for the purposes of regulation 4Q; and
- sub-regulation 4Q.(2) prohibits the importation into Australia from the Republic of South Africa of the goods specified in new Schedule 7A to the Regulations unless the written permission of the Minister for Foreign Affairs or an authorized person to import the goods is produced to a Collector of Customs;
regulation 3 inserts a new Schedule 7A into the Regulations which specifies the following eleven items as the goods which are the subject of the import prohibition:
1. | Ammunition. |
2. | Batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes. |
3. | Body armour, including - (a) bullet-resistant apparel; (b) bullet-resistant pads; and (c) protective helmets. |
4. | Coins, including krugerrands, that are, or have at any time been, currency in the Republic of South Africa. |
5. | Grenades, mines, missiles and rockets, whether or not they are charged. |
6. | Handcuffs, leg irons and other devices used for restraining prisoners. |
7. | Parts, components and accessories for any of the goods referred to in item 1, 5 or 10. |
8. | Riot protection shields. |
9. | Vehicles designed or adapted for law enforcement or military purposes. |
10. | Weapons, including rocket launchers and missile launchers. |
11. | Whips. |
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1985 No. 377 were enacted in response to the Australian Government's commitment to implement economic and other measures against South Africa in alignment with United Nations Security Council resolutions. This regulatory amendment, issued under the authority of the Minister of State for Industry, Technology and Commerce, aims to address the need for controlling the importation of specific goods from South Africa into Australia. By introducing a new regulation 4Q and Schedule 7A to the Customs (Prohibited Imports) Regulations, the objective is to prohibit the importation of certain items, including ammunition, riot gear, currency, and weapons, unless explicit permission from the Minister for Foreign Affairs or an authorised person is provided. This legislative action reflects the government's policy to respond to international mandates and safeguard national security by restricting the flow of sensitive goods.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1985 No. 377, issued by the Authority of the Minister of State for Industry, Technology and Commerce, outlines specific measures in response to the Government's decision in August 1985 to implement selective economic and other measures against South Africa in alignment with United Nations Security Council resolutions. This legislation applies to the importation of certain goods from the Republic of South Africa into Australia, imposing a prohibition on such imports unless the Minister for Foreign Affairs, or a person authorized by that Minister, provides written permission to a Collector of Customs. The regulated items include ammunition, batons, clubs, riot sticks, body armour, coins, grenades, handcuffs, parts and components for specific goods, riot protection shields, vehicles designed for law enforcement or military purposes, weapons, and whips. The amendment is geographically applicable to Australia as a national measure, and its scope is limited to the prohibition of specified goods from the Republic of South Africa. The Act does not specify exclusions, exemptions, or thresholds beyond the scope of the listed items.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1985 No. 377 primarily introduces a new regulation, 4Q, into the Customs (Prohibited Imports) Regulations. Regulation 4Q, along with a new Schedule 7A, aims to prohibit the importation of specific goods from the Republic of South Africa into Australia, unless specific permission is obtained from the Minister for Foreign Affairs or an authorized person. Regulation 1 establishes that "Principal Regulations" refer to the Customs (Prohibited Imports) Regulations. Regulation 2 introduces the new regulation 4Q, defining "authorized person" as someone appointed in writing by the Minister for Foreign Affairs for the purposes of this regulation. Regulation 4Q(2) then outlines that importation of the specified goods in Schedule 7A is prohibited unless written permission from the Minister or an authorized person is shown to a Collector of Customs.
Under the amended Regulations, entities and individuals are obligated to ensure that any goods listed in Schedule 7A, such as ammunition, batons, body armour, coins, grenades, handcuffs, and other specified items, are not imported from South Africa without the requisite written permission. This requirement extends to any parts, components, or accessories related to the listed goods. Authorized persons appointed by the Minister for Foreign Affairs play a crucial role in verifying and granting such permissions where appropriate, thereby enforcing the import prohibition effectively.
Failure to comply with the import prohibitions set out in regulation 4Q may result in various legal consequences. Importers who attempt to bring in the specified goods without the necessary permissions may face civil or criminal penalties. Although the specific penalties are not detailed in the provided text, non-compliance with customs regulations can generally result in the seizure of goods, fines, and potentially criminal charges, depending on the severity and intent of the breach. The precise penalties would be determined in accordance with the applicable customs and trade laws in Australia.