Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 385
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 385
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations prohibiting the importation of goods into Australia.
The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of 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.
The purpose of regulations 2 and 3 is to implement the Commonwealth's responsibilities and obligations accepted under the Montreal Protocol on Substances that Deplete the Ozone Layer to control the importation and exportation of ozone depleting substances.
The importation of ozone-depleting substances is controlled under the Ozone Protection Act 1989. However, the Ozone Protection Act 1989 does not contain any provision for these prohibitions to be enforced at the customs border. The proposed amendments to the Regulations would make the ozone depleting substances which are specified under the Ozone Protection Act 1989 prohibited imports under the Customs Act 1901, thus allowing illegal imports of these substances to be seized by Customs officers at the border.
The regulations prohibit the importation of ozone depleting substances in bulk form., it is not intended at this time to control normal household goods which contain those substances, and the regulations contain exemptions for this purpose.
Regulation 2 inserts a new regulation 5K in the Regulations. New subregulation 5K(3) prohibits the importation of ozone-depleting substances listed in the new Schedule 10 to the Regulations unless a licence to import the goods has been granted under Section 16 of the Ozone Protection Act 1989, and that licence, or a copy of it, is produced to a Collector
New subregulation 5K(2) provides for exemptions to the prohibition by reference to the tariff classification of the exempt goods. Generally speaking, these goods are to be exempt because they are manufactured goods which use the ozone depleting substance as part of their everyday operation (such as a refrigerator), or they are made from a product which contains the substance (such as a plastic). The exemptions apply to the following goods:
Reference in the
Customs Tariff Act 1995 | General Tariff
Description | Example of good
granted an exemption |
Heading 3004 | "Medicaments ... " etc | Asthma Spray
Dispensers. |
Chapter 39 | "Plastics and Articles
thereof" | Polystyrene packaging
and insulation. |
Chapter 84 | "Nuclear reactors,
boilers, machinery and
mechanical appliances;
parts thereof" | Refrigerators, air
conditioning equipment. |
New regulation 3 inserts a new Schedule 10 into the Regulations, which contains the list of ozone-depleting substances to which new regulation 5K applies, specifically:
Chloroflurocarbons (Part 1),
Halons (Part 2),
Carbon Tetrachloride (Part 3),
Methyl Chloroform (Part 4),
Hydrochloroflurocarbons (Part 5),
Hydrobromoflurocarbons (Part 6) and
Methyl Bromide (Part 7).
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 385 was enacted to address the need for stricter enforcement of the importation of ozone-depleting substances, in line with Australia's commitments under the Montreal Protocol on Substances that Deplete the Ozone Layer. The Regulations, issued by the Minister for Customs and Consumer Affairs under the Customs Act 1901, aim to ensure that Australia's borders effectively control the illegal import of substances harmful to the ozone layer. The policy objective is to align the enforcement of these prohibitions with the requirements of the Ozone Protection Act 1989, which does not currently provide for enforcement at the customs border. By amending the Customs (Prohibited Imports) Regulations, the government seeks to facilitate the seizure of prohibited substances by customs officers upon importation, thereby enforcing the bans more stringently and protecting the environment.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 385 applies to the importation of goods into Australia and specifically targets the importation of ozone-depleting substances, as defined by the Ozone Protection Act 1989. The Regulations, made under the authority of Section 50 of the Customs Act 1901, are designed to implement Australia's commitments under the Montreal Protocol on Substances that Deplete the Ozone Layer. These amendments prohibit the importation of certain ozone-depleting substances in bulk form, unless a specific licence has been granted under the Ozone Protection Act 1989. The Regulations do not apply to normal household goods that may contain these substances, and they include specific exemptions for goods such as medicament dispensers, polystyrene packaging, and certain machinery. The geographic reach of these Regulations is national, affecting all imports into Australia. The Regulations came into effect upon gazettal and may be further extended or restricted through subordinate instruments.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 385 introduce significant amendments to the Customs (Prohibited Imports) Regulations under the Customs Act 1901. Section 50 of the Act allows the Governor-General to make regulations that prohibit the importation of certain goods into Australia. The amendment aims to implement the Commonwealth's obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer by prohibiting the importation of ozone-depleting substances, a responsibility not enforced under the Ozone Protection Act 1989. Regulation 2 introduces a new regulation 5K, which prohibits the importation of ozone-depleting substances listed in Schedule 10 unless a licence to import has been granted under Section 16 of the Ozone Protection Act 1989 and a copy of the licence is presented to a Collector. This regulation targets bulk imports to avoid affecting normal household goods that may contain these substances.
The amended Regulations impose specific obligations on importers and Customs officers. Importers of ozone-depleting substances must ensure they possess a valid import licence under the Ozone Protection Act 1989 and present this licence to Customs officers upon request. Failure to comply with these requirements can result in the seizure of goods at the customs border. Conversely, Customs officers are obligated to enforce the new prohibitions and seize any goods imported in violation of the Regulations. Exemptions are provided for certain manufactured goods and products that contain ozone-depleting substances as part of their everyday operation or composition, such as medicaments, plastics, and mechanical appliances.
Breach of these regulations can result in serious consequences. Importers who fail to comply with the new prohibitions face the seizure of their goods by Customs officers. While the Regulations do not explicitly detail civil or criminal penalties, the failure to comply with the Ozone Protection Act 1989, which governs the licensing of ozone-depleting substances, may attract penalties under that Act. These penalties can include fines and, in severe cases, imprisonment. Given the environmental and health risks associated with ozone-depleting substances, the enforcement of these Regulations is critical to protecting Australia's environment and public health.