EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 102
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State for Business and Consumer Affairs
The purpose of the accompanying Regulation is to amend the Customs (Prohibited Imports) Regulations to provide that jute wool packs entered for import into Australia under regulation 4K of the Regulations must comply with a new Australian Wool Corporation Standard published on 24 February 1982. The existing regulations require jute wool packs to conform to the Australian Wool Corporation Standard published on 18 May 1979.
The amendment stems from a request by the Minister for Primary Industry following advice from the Australian Wool Corporation that it is becoming common practice to press wool to super-high densities in dumping prior to shipment because of the significant freight savings which result through the more complete utilisation of the load capacity of containers. A device known as a 3-bale compactor, which compresses and bands three bales together in a reduced volume is commonly used for the super-high density dumping of farm bales of wool.
It has been found that, although the standard synthetic pack is sufficiently robust to withstand such treatment, the existing standard jute pack is prone to being cut along its base by the bands, with a resultant risk of contamination of the contained wool.
The new standard calls for a jute pack made of material with the same bursting strength as the synthetic pack and with a double thickness of material in the base to withstand the sheering effect of bands applied during pressing in the 3-bale compactor.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1982 No. 102 were enacted to amend the existing Customs (Prohibited Imports) Regulations, addressing the issue of jute wool packs entering Australia under regulation 4K of the Regulations not complying with the most recent Australian Wool Corporation Standard. This regulation was introduced following advice from the Australian Wool Corporation and a request by the Minister for Primary Industry, highlighting the growing practice of pressing wool to super-high densities in order to achieve significant freight savings. The amendment aims to ensure that jute wool packs imported into Australia meet the updated standard, reducing the risk of contamination due to the inherent vulnerability of the existing jute packs when subjected to the high-density pressing process using a 3-bale compactor.
The new regulation requires the jute wool packs to be made from material with equivalent bursting strength to the synthetic pack and to have a double thickness of material in the base to effectively withstand the shearing effect of the bands applied during the pressing process. This change was implemented to safeguard the quality and integrity of imported wool by ensuring that the packing materials are robust enough to prevent cuts and contamination during the transportation process. The amendment was issued by the authority of the Minister of State for Business and Consumer Affairs, reflecting the policy objective of maintaining high standards for the import of wool into Australia.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rule is an instrument that modifies the Customs (Prohibited Imports) Regulations to mandate compliance with a new Australian Wool Corporation Standard for jute wool packs entering Australia. The amendment specifically applies to jute wool packs that are imported under regulation 4K of the Regulations, replacing the previous requirement to adhere to the Australian Wool Corporation Standard published on 18 May 1979 with the new standard published on 24 February 1982. This change responds to the prevalent practice of super-high density wool pressing before shipment, which has been facilitated by the use of devices such as the 3-bale compactor, and recognises the susceptibility of existing jute packs to cutting and contamination under such conditions. The amendment aims to ensure the integrity of wool imports by requiring jute packs that are more robust to withstand the pressures of high-density packing. The amendment is applicable across Australia, reflecting the national scope of the Customs (Prohibited Imports) Regulations. There are no specific exclusions or exemptions noted in the Explanatory Statement, and the amendment does not indicate any thresholds or conditions that might restrict its application.
Key Provisions
The Customs (Prohibited Imports) Regulations, as amended, set out specific requirements for the importation of jute wool packs into Australia. The primary operative section of this amendment is regulation 4K, which now mandates that jute wool packs must adhere to the Australian Wool Corporation Standard published on 24 February 1982, replacing the previous standard dated 18 May 1979. This change addresses the issue of wool being compressed to super-high densities before shipment, a practice facilitated by the use of a 3-bale compactor. This compactor compresses and bands three bales of wool together, reducing the volume and thus saving on freight costs. However, this practice poses a risk of damaging the jute packs, which could potentially contaminate the wool.
Entities importing jute wool packs into Australia must ensure compliance with the new standard set out in the 24 February 1982 publication. This entails using jute packs made from material that matches the bursting strength of synthetic packs and incorporating a double thickness of material at the base to withstand the shearing forces exerted by the bands during the compaction process. Importers must be diligent in verifying that the packs used meet these specifications to avoid any non-compliance issues. The onus is on the importer to source and use appropriate jute packs that adhere to the updated standard.
Failure to comply with the new regulations can lead to serious consequences. Under section 10 of the Customs Act 1901, any goods that do not meet the required standards can be refused entry into Australia. Additionally, breaches of these regulations may result in fines and other penalties. The maximum penalty for contravening the Customs (Prohibited Imports) Regulations can be significant, with potential fines up to $11,000 for individuals and up to $55,000 for corporations, depending on the severity and intent of the breach. Furthermore, continued non-compliance or repeated breaches could result in more severe legal actions, including prosecution. This underscores the importance for importers to adhere strictly to the updated standards to avoid any legal repercussions.