STATUTORY RULES
1973 No. 93
REGULATIONS UNDER THE CUSTOMS ACT 1901-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1971.
Dated this seventeenth day of May, 1973.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd) LIONEL MURPHY
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Imports) Regulations†
First Schedule.
1. The First Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting Item 1.
Second Schedule.
2. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended—
(a) by omitting Item 23 and substituting the following items;—
“ 23 | Live aquatic invertebrates, that is to say, aquatic animals that do not have backbones, and the eggs of any such invertebrates |
23a | Live fish and the eggs of fish ”; |
and
(b) by inserting after Item 25 the following item:—
“ 25a | Oil of wormwood, being an essential oil obtained from plants of the genus Artemisia, and preparations containing oil of wormwood ”. |
* Notified in the Commonwealth Gazette on 24 May 1973.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58, 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; and 1973, Nos. 5 and 6.
Printed by Authority by the Government Printer of the Commonwealth of Australia
12365/73—Price 5c 9/21.3.1973
Overview
The Statutory Rules 1973 No. 93, made under the Customs Act 1901-1971, were enacted to amend the Customs (Prohibited Imports) Regulations. These regulations were introduced by the Parliament of Australia to address the need for updated and specific prohibitions on certain imports. The primary objective of these amendments was to refine the list of prohibited items to more accurately reflect contemporary concerns and regulatory needs. By omitting and substituting items within the First and Second Schedules, the regulations sought to provide clearer guidelines and more effective enforcement of import restrictions.
The enacting authority for these regulations was the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, as evidenced by the signature of the then Governor-General, Paul Hasluck, and the Minister of State for Customs and Excise, Lionel Murphy. This legislative instrument reflects the ongoing commitment of the Australian government to maintain effective customs regulation and control over the importation of goods that may pose risks to health, safety, or the environment.
Scope and Application
The Statutory Rules 1973 No. 93, made under the Customs Act 1901-1971, pertain to the Customs (Prohibited Imports) Regulations and serve to amend the existing regulations concerning the importation of certain goods into Australia. These regulations apply to individuals, businesses, and entities involved in the importation of goods, encompassing specific items that are either prohibited or subject to stringent controls to safeguard against potential risks such as biosecurity threats or health hazards. The geographic scope of these regulations extends to the entire Commonwealth of Australia, thereby imposing uniform standards and restrictions across all states and territories. The regulations also incorporate amendments through subordinate instruments, allowing for the flexibility to update the list of prohibited and controlled items as necessary, ensuring that the legislation remains current and effective in addressing emerging issues. Exclusions or exemptions from these regulations are not explicitly stated in the document, suggesting that the provisions apply broadly unless otherwise specified in the detailed regulations or subsequent amendments.
Key Provisions
The key operative sections of these regulations, made under the Customs Act 1901-1971, include the amendments to the Customs (Prohibited Imports) Regulations. Specifically, Item 1 is omitted from the First Schedule, and Items 23 and 25 are amended in the Second Schedule. These changes pertain to the types of imports that are now prohibited (Item 1), live aquatic invertebrates (Item 23), live fish (Item 23a), and oil of wormwood (Item 25a). These sections collectively modify the list of items that are not allowed to be imported into Australia, reflecting changes in policy or regulatory focus.
These regulations impose obligations on importers, customs officials, and potentially exporters to ensure compliance with the updated list of prohibited imports. Importers must be aware of the amendments to avoid inadvertently importing prohibited items, while customs officials must enforce these regulations at the border. Exporters might also need to update their documentation to reflect these changes, particularly if they are exporting to countries with similar regulations. The regulations aim to prevent the introduction of potentially harmful species and substances into Australia.
The breach of these regulations could lead to various consequences, including fines and penalties. The maximum penalties for contravening customs regulations can be substantial, both in terms of civil and criminal liabilities. For example, under the Customs Act 1901, individuals or entities found guilty of importing prohibited items could face fines up to $11,100 per offence for individuals and $55,500 for bodies corporate, in addition to potential imprisonment for serious offences. These penalties underscore the importance of strict compliance with the regulations to avoid severe repercussions.