EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 160
Customs (Prohibited Imports) Regulations (Amendment)
The purpose of the accompanying amendment to the Customs (Prohibited Imports) Regulations is to remove from Regulation 4A the requirement that the Attorney-General or a person authorized by him form an opinion that publications or goods are prohibited under the terms of this Regulation.
The reason for this amendment stems from an opinion by the Australian Government Solicitor that the current subjective test may not allow for the prosecution of persons who import goods and publications which have not been previously subject to an opinion by the Attorney-General or a person authorized by him but which would be subject to prohibition.
The amendment also provides for the Attorney-General to appoint persons to be authorized persons for the purposes of sub-regulation 2. Sub-regulation 2 allows the import of prohibited imports subject to a permission in writing.