Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 171
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 171
Issued by the Authority of the Minister for Small Business, Customs and Construction
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
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 -(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 importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person.
These Regulations amend the Regulations to impose sanctions against Haiti arising from Australia's obligation as a member of the United Nations to give effect to United Nations Security Council (UNSC) Resolution 917 of 6 May 1994 order to increase international pressure on the Haitian de facto authorities with a view to achieving a comprehensive and peaceful settlement of the crisis in Haiti.
Operative paragraph 6(a) of Resolution 917 requires all member States to prevent the import into their territories of all commodities and products originating in Haiti.
These Regulations give effect to this obligation by inserting a new regulation 4QD into the Regulations which prohibits the importation of goods originating in Haiti without the permission of the Minister for Foreign Affairs.
New subregulation 4QD(2) provides that the Minister may only grant a permission if satisfied that to do so will not infringe Australia's international obligations.
New subregulation 4QD(3) allows the permission to specify conditions or requirements to which it is subject, the quantity of goods that may be imported and the circumstances in which the goods may be imported.
New subregulation 4QD(4) allows the Minister to revoke a permission if any specified conditions or requirements have not been complied with or if he or she is satisfied that to continue to permit the importation would infringe Australia's international obligations.
The Regulations provide for the Minister's power to be exercised by an authorised person (new subregulation 4QD(5) refers) provided that if the authorised person decides that a permission should not be granted that the application for permission must be referred to the Minister to personally decide (new subregulations 4QD(6) and (7) refer).
The Regulations commence on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 171 was enacted to address the problem of enforcing international sanctions on Haiti as required by the United Nations Security Council Resolution 917 of 6 May 1994. This legislation amends the existing Customs (Prohibited Imports) Regulations to incorporate Australia's obligations under the resolution, which mandates the prevention of imports from Haiti to increase international pressure on the Haitian authorities in pursuit of a peaceful resolution to the crisis. The regulations were issued by the authority of the Minister for Small Business, Customs and Construction under Section 50 of the Customs Act 1901. The primary policy objective of these amendments is to ensure compliance with Australia's international commitments by prohibiting the importation of goods originating in Haiti unless specific conditions and permissions are met, thereby aligning with the United Nations' efforts to manage the Haitian situation.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 171 amends the Customs (Prohibited Imports) Regulations to impose sanctions on Haiti as per Australia's commitment to United Nations Security Council Resolution 917. This amendment applies to all goods originating in Haiti, prohibiting their importation into Australia unless specific conditions are met. The Minister for Foreign Affairs has the authority to grant permissions for such imports, subject to compliance with Australia's international obligations. This regulation is an extension of the Customs Act 1901, which grants the Governor-General the power to prohibit the importation of goods into Australia. The Regulations ensure that any permission granted is conditional, allowing the Minister to specify the conditions, quantities, and circumstances under which goods may be imported. Furthermore, the Minister retains the power to revoke permissions if the specified conditions are not met or if permitting the import would infringe on Australia's international obligations. The Regulations empower an authorised person to exercise the Minister's powers, but any decision not to grant permission must be referred to the Minister for a final decision. These Regulations are effective immediately upon gazette and apply nationally across Australia.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 171 introduces specific provisions that govern the importation of goods originating from Haiti into Australia. Section 50 of the Customs Act 1901 (the Act) empowers the Governor-General to prohibit the importation of certain goods into Australia. Under the Act, regulations can be made to prohibit the importation of goods unless specified conditions or restrictions are met (section 50(2)(c)). The Regulations, as amended, incorporate a new regulation 4QD which specifically addresses goods from Haiti. This regulation prohibits the importation of such goods unless permission is granted by the Minister for Foreign Affairs (regulation 4QD(1)).
The Regulations impose specific obligations on entities and individuals seeking to import goods from Haiti. Any application for permission to import must be made in accordance with the conditions set out in regulation 4QD. The Minister for Foreign Affairs has the authority to grant permission only if satisfied that doing so will not infringe Australia’s international obligations (regulation 4QD(2)). The permission can include conditions or requirements, specify the quantity of goods that may be imported, and outline the circumstances under which the goods may be imported (regulation 4QD(3)). Additionally, the Minister can revoke a permission if the conditions or requirements are not met, or if continuing to permit the importation would breach Australia’s international obligations (regulation 4QD(4)).
The Regulations also outline the procedures for the exercise of the Minister’s power. An authorised person can exercise the Minister's power, but if the authorised person decides that permission should not be granted, the application must be referred to the Minister for a personal decision (regulations 4QD(5), 4QD(6), and 4QD(7)). Failure to comply with these requirements can result in severe consequences. Any breach of the Regulations may result in criminal or civil penalties as provided by the Customs Act 1901. The maximum penalties for breaches can include fines and imprisonment, reflecting the seriousness of contravening international obligations and Australian law.