Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 22 were introduced to address the issue of unsafe disposable cigarette lighters entering the Australian market, which had been linked to fatal house fires. This legislative amendment was enacted by the Australian Government and issued under the authority of the Minister for Small Business and Consumer Affairs. The primary policy objective of this regulation is to ensure that disposable cigarette lighters imported into Australia meet specific safety standards, including being child-resistant, thereby reducing the risk of accidental fires caused by these products. This amendment complements the controls set by the Trade Practices Act 1974, which regulate the retail sale of disposable lighters in Australia. The new regulation, 4S, prohibits the importation of lighters unless they comply with the American safety standard or unless the importer has a written permission from the Minister. Exceptions are made for passengers over 18 years old who may import up to five lighters for personal use.

Scope and Application

The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 22, issued under the Customs Act 1901, extends the prohibition on the importation of goods into Australia by introducing new controls specifically for disposable cigarette lighters, effective from 1 March 1997. These amendments are a response to the decision by the Ministerial Council on Consumer Affairs in September 1996, which aimed to enhance safety standards for disposable lighters following several fatalities caused by house fires started with such lighters. The regulations apply to all persons and entities importing disposable cigarette lighters into Australia, prohibiting such importation unless a statutory declaration of compliance with the American Consumer Product Safety Standard is produced to the Collector, or unless written permission is granted by the Minister. An exception is made for passengers aged 18 years or older, who are allowed to import up to five lighters when travelling by ship or aircraft, provided that this exception does not undermine the primary objective of controlling commercial importations. The Regulations do not apply to the importation of lighters for personal use by travellers, thus balancing the need to prevent fire hazards with the convenience of international travellers. These amendments are designed to complement the Trade Practices Act 1974, which will enforce similar controls at a retail level starting from 1 October 1997.

Key Provisions

The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 22 primarily introduces new regulation 4S to the Customs (Prohibited Imports) Regulations, aiming to control the importation of disposable cigarette lighters into Australia. Regulation 4S(1) stipulates that the importation of lighters is prohibited unless a statutory declaration is provided, confirming that a certificate of compliance with the American standard has been issued, or the Minister has granted written permission for the importation (section 4S(1)). This regulation is designed to ensure that lighters imported into Australia meet specific safety standards, particularly focusing on child safety. Regulation 4S(2) allows passengers aged 18 or over to import up to five lighters, provided they are not part of a commercial shipment, to avoid unnecessary inconvenience to travellers (section 4S(2)). Regulation 4S(3) grants the Minister the authority to impose conditions on any permissions granted for importing lighters (section 4S(3)), while regulation 4S(4) empowers the Minister to revoke such permissions if the conditions are not met (section 4S(4)). Definitions for key terms such as "American Standard" and "lighter" are provided in regulation 4S(5), ensuring clarity and consistency with the Trade Practices Act 1974 (section 4S(5)). The obligations imposed by these regulations primarily fall on importers of disposable lighters. Importers must ensure that any lighters they wish to import into Australia comply with the specified American standard and provide the requisite certificate of compliance or obtain written permission from the Minister. The regulations also place a responsibility on the Minister to grant permissions and impose conditions as necessary, as well as to revoke permissions if conditions are not met. Additionally, the Minister must ensure that the importation controls complement the safety standards set by the Trade Practices Act 1974. These regulations also impose a responsibility on passengers to adhere to the allowance of importing up to five lighters if they are not part of a commercial shipment, to avoid unnecessary disruption at customs. The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 22 provides for both civil and criminal consequences for breaches of the regulations. Under regulation 4S(1), any importation of lighters that does not comply with the statutory declaration or Minister's written permission is considered an offence. The penalties for such offences are not explicitly stated in the explanatory statement, but under the Customs Act 1901, penalties for contravening customs regulations can include fines and imprisonment. Specifically, under section 175 of the Customs Act 1901, a person guilty of an offence against the Act or the regulations can be fined up to 10,000 penalty units or imprisoned for up to five years, or both, for serious offences. These stringent penalties underscore the importance of adhering to the regulations to ensure the safety of consumers, particularly children, from the risks associated with unsafe disposable lighters.