Statutory Rules
1979 No. 280
REGULATION UNDER THE CUSTOMS ACT 19011
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901.
Dated this twentieth day of December 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
R. V. GARLAND
Minister of State for Business and Consumer Affairs
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AMENDMENT OF THE CUSTOMS (PROHIBITED IMPORTS)
REGULATIONS2
Regulation 4K of the Customs (Prohibited Imports) Regulations is repealed and the following regulation substituted:
Importation of woolpacks and woolpack caps
“4K. (1) Subject to this regulation, the importation into Australia of woolpacks or woolpack caps is prohibited unless permission in writing to import the woolpacks or woolpack caps, as the case may be, for a specified purpose has been granted by the Minister of State for Primary Industry or a person authorized in writing by him for that purpose.
“(2) A permission under this regulation may be subject to conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the woolpacks or woolpack caps, as the case may be, for the purpose of ensuring that the woolpacks or woolpack caps are not used otherwise than for the purpose in relation to which the permission is granted.
“(3) The provisions of sub-regulation (1) do not apply in relation to unused woolpacks consisting of high density polyethylene, jute or multifilament nylon in respect of which there is produced to the Collector a certificate issued by a prescribed testing authority stating–
(a) in the case of woolpacks consisting of high density polyethylene–that the woolpacks conform to Australian Wool Corporation Standard No. 1 published on 18 May 1979;
(b) in the case of woolpacks consisting of jute–that the woolpacks conform to Australian Wool Corporation Standard No. 2 published on 18 May 1979; and
(c) in the case of woolpacks consisting of multifilament nylon–that the woolpacks conform to Australian Wool Corporation Standard No.3 published on 18 May 1979.
“(4) The provisions of sub-regulation (1) do not apply in relation to unused woolpack caps in respect of which there is produced to the Collector a certificate issued by a prescribed testing authority stating that the woolpack caps conform to Australian Wool Corporation Standard No. 4 published on 18 May 1979.
“(5) In this regulation, ‘prescribed testing authority’ means an Australian or overseas testing authority approved by the Minister of State for Primary Industry on the recommendation of the Australian Wool Corporation for the purposes of this regulation.”.
1. Notified in the Commonwealth of Australia Gazette on 24 December 1979.
2. Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 145 and see also Statutory Rules 1979 Nos. 145 and 155.
Overview
Statutory Rules 1979 No. 280, made under the Customs Act 1901, was enacted to amend the Customs (Prohibited Imports) Regulations, specifically targeting the importation of woolpacks and woolpack caps. This regulation was introduced to ensure that the importation of such items is controlled and subject to specific conditions to prevent misuse or illegal use. The regulation was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and signed by the Minister of State for Business and Consumer Affairs. The primary objective is to regulate the importation of these items by requiring written permission from the Minister of State for Primary Industry or an authorised person, ensuring that any imported woolpacks or woolpack caps are used only for the specified purpose and not otherwise.
Scope and Application
This legislative instrument amends the Customs (Prohibited Imports) Regulations 1956 under the Customs Act 1901, applying to the importation of woolpacks and woolpack caps into Australia. The regulation stipulates that the importation of these items is generally prohibited unless written permission has been granted by the Minister of State for Primary Industry or an authorised person. This permission may include conditions related to the custody, use, disposal, or destruction of the items to ensure they are not used for unintended purposes. Exceptions are provided for unused woolpacks and woolpack caps made from specific materials (high-density polyethylene, jute, or multifilament nylon) that meet Australian Wool Corporation Standards and are accompanied by a certificate from a prescribed testing authority. This regulation is applicable nationally across Australia, as it is made under the Commonwealth Customs Act 1901. The scope is limited to those who intend to import woolpacks and woolpack caps, and it may be enforced through subordinate instruments by the Minister of State for Primary Industry or an authorised person.
Key Provisions
The principal operative sections of this regulation, which are found in Regulation 4K, address the prohibition on importing woolpacks and woolpack caps into Australia unless certain conditions are met. Regulation 4K(1) states that written permission from the Minister of State for Primary Industry, or an authorised person, is required for the importation of these items, except when specific conditions are satisfied. Regulation 4K(2) allows for the imposition of conditions on the importer regarding the custody, use, disposal, or destruction of the woolpacks or woolpack caps to ensure they are not used for other purposes. The regulation also provides exceptions under Regulation 4K(3) and 4K(4) for certain types of unused woolpacks and woolpack caps that meet specified standards, provided a certificate from a prescribed testing authority is presented.
The obligations imposed on parties by this regulation include obtaining written permission from the Minister or an authorised person before importing woolpacks or woolpack caps into Australia, unless an exception applies. Importers must adhere to any conditions attached to their permission, which may include restrictions on the use or disposal of the items. Additionally, if importing specific types of woolpacks or woolpack caps, importers must present a certificate from a prescribed testing authority verifying that the items meet the relevant Australian Wool Corporation standards.
Breach of these provisions may lead to civil or criminal consequences. While the regulation does not explicitly state penalties, under the Customs Act 1901, contravening regulations can result in fines and imprisonment. Specifically, under section 177 of the Customs Act, a person who contravenes a regulation may be liable to a fine not exceeding 100 penalty units and/or imprisonment for a term not exceeding 12 months for each offence. These penalties reflect the seriousness of non-compliance with import regulations designed to protect Australian industries and standards.