Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 413
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 413
Issued by the Authority of the Minister for Small Business, Construction and Customs
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 from 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 Pro-import 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 of State or a specified person.
The Regulations amend the Pro-import Regulations to ensure that the definition of "authorised officer" for the purposes of regulation 4R only includes an officer or employee of the Department of Health, Housing and Community Services appointed in writing by the Minister for Health, Housing and Community Services.
Regulation 4R of the Pro-import Regulations prohibits the importation into Australia of radioactive substances unless a permission in writing to import the substances has been granted by the Minister, the Minister of State for Health, Housing and Community Services or an authorised officer, and the permission is produced to a Collector.
Subregulation 4R(1) defines an authorised officer as being:
(a) an officer or employee of the Australian Nuclear Science and Technology Organisation appointed in writing by the Minister; or
(b) an officer or employee of the Department of Community Services and Health appointed in writing by the Minister of State for Community Services and Health.
The Government has decided that the definition of authorised officer should be amended to reflect the current practice, that is, that officers of the Australian Nuclear Science and Technology Organisation no longer be involved in the granting of such permissions. The Regulations give effect to the Government's decision as follows:
Regulation 1 provides that the Pro-import Regulations are amended by the Regulations.
Regulation 2 amends the definition of authorised officer for the purposes of regulation 4R to limit authorised officers to an officer or employee of the Department of Health, Housing and Community Services appointed in writing by the Minister of State for Health, Housing and Community Services.
The Regulations commence on Gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 413, issued by the authority of the Minister for Small Business, Construction and Customs, amend the Customs (Prohibited Imports) Regulations to address a specific gap in the regulatory framework concerning the importation of radioactive substances into Australia. This amendment was enacted to ensure that the definition of "authorised officer" aligns with current practices, thereby excluding officers of the Australian Nuclear Science and Technology Organisation from being involved in the granting of permissions for the importation of such substances. The amendment specifies that only officers or employees of the Department of Health, Housing and Community Services, appointed in writing by the Minister for Health, Housing and Community Services, are authorised to grant these permissions. This change is intended to streamline the regulatory process and ensure that the importation of radioactive substances is subject to the appropriate oversight and control by the relevant authorities.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 413, issued under the authority of the Minister for Small Business, Construction and Customs, amends the Customs (Prohibited Imports) Regulations to refine the scope and application of the prohibition on importing radioactive substances into Australia. This amendment applies to individuals and entities involved in the importation of such substances and is geographically confined to Australia. The Act allows for the prohibition of certain goods unless specific conditions or restrictions are met, and in this case, the amendment specifically restricts the category of authorised officers who can grant permission for the importation of radioactive substances. Previously, officers from both the Australian Nuclear Science and Technology Organisation and the Department of Health, Housing and Community Services could grant such permissions, but the amendment now limits this authority solely to officers or employees of the Department of Health, Housing and Community Services appointed by the relevant Minister. The Regulations do not introduce any new exclusions, exemptions, or thresholds but rather clarify the jurisdictional reach of who can grant permissions under the specified regulation.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1992 No. 413 primarily modifies the definition of an "authorised officer" in the Customs (Prohibited Imports) Regulations (the Pro-import Regulations) concerning the importation of radioactive substances. Under section 4R of the Pro-import Regulations, importation of such substances is prohibited unless permission is granted by the Minister, the Minister of State for Health, Housing and Community Services, or an authorised officer. Regulation 1 of the amendment provides that the Pro-import Regulations are amended by these Regulations, and Regulation 2 specifically alters the definition of an authorised officer under regulation 4R to include only officers or employees of the Department of Health, Housing and Community Services appointed by the Minister of State for Health, Housing and Community Services. This amendment reflects a change in practice where officers of the Australian Nuclear Science and Technology Organisation are no longer involved in granting permissions for the importation of these substances.
The amendment imposes specific obligations on the parties involved in the importation of radioactive substances. The Department of Health, Housing and Community Services must appoint officers or employees in writing to act as authorised officers, ensuring that only these authorised personnel can grant permission for the importation of radioactive substances. Importers must ensure that any permissions granted for the importation of such substances are produced to a Collector, as required by regulation 4R(1). This means that any attempt to import radioactive substances into Australia without the necessary written permission from an authorised officer will be subject to the prohibition.
There are potential civil and criminal consequences for breaching the provisions of the Customs (Prohibited Imports) Regulations as amended. Importers who fail to comply with the regulations, such as attempting to import radioactive substances without the required permission, may face penalties. Under the Customs Act 1901, penalties for importing prohibited goods can include fines and imprisonment. The severity of the penalty depends on the nature and value of the goods involved and the intent behind the importation. The precise penalties are determined by the courts and can vary, but they underscore the importance of adhering to the regulatory requirements.