Customs (Prohibited Imports) Regulations (Amendment)

STATUTORY RULES

1973 No.

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 twenty-second day of February, 1973.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Imports) Regulations†

Commencement.

1. These Regulations shall come into operation on the first day of June, 1973.

Interpretation.

2. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended—

(a) by inserting in sub-regulation (1), before the definition of “ designated therapeutic substance ”, the following, definitions:—

“ ‘ coffee ’ includes coffee beans;

‘ cream ’ does not include clotted cream; ”;

(b) by inserting in that sub-regulation, after the definition of “ designated therapeutic substance ”, the following definitions:—

“ ‘ dried or dehydrated fruit ’ includes currants, raisins, sultanas and other dried grape products, dales, dried apples, dried pears, dried peaches, dried apricots, dried prunes and dried figs, glace and crystallized fruit and fruit peel;

‘ dried or dehydrated mixed fruit ’ includes dried or dehydrated mixed fruit mixed with nuts;”;

(c) by inserting in that sub-regulation, after the definition of “ flash point ”, the following definition:—

“ ‘ fresh milk ’ includes flavoured milk;”;

(d) by inserting in that sub-regulation, after the definition of “ licensed importer ”, the following definitions:—

“ ‘ package ’ includes—

(a) a container, wrapper or other thing in which goods are packed for sale as a single item;

(b) a holder to which goods are attached for the purpose of sale; and

(c) a band that is fixed round goods as part of the preparation of the goods for sale;

‘ paint ’ includes enamel but does not include a two-pack paint or artists’ paints;”;

* Notified in the Commonwealth Gazette on  1971.

† Statutory Rules 1956, No. 90, as amended to date. For previous amendments to the Customs (Prohibited Imports) Regulations see footnote to Statutory Rules 1973, No.       and see also Statutory Rules 1973, No.

25884/70—Price 8c 10/22.1.1973

(e) by inserting in that sub-regulation, after the definition of “ poppy straw ”, the following definition: —

“ ‘ solid detergents ’ means any detergent, bleach or cleanser packed for sale in a powder, flake, granular or other similar form;”; and

(f) by adding at the end of that sub-regulation the following definitions: —

“ ‘ tobacco ’ includes plug tobacco;

‘ two-pack paint ’ means a paint, not being a neutral base paint, that is contained in a package marked with a statement that the contents of the package are to be used only in conjunction with another substance (whether that other substance is or is not a paint), and that is ordinarily only so used.”.

3. After regulation 4 of the Customs (Prohibited Imports) Regulations the following regulation is inserted:—

Importation of pre-packed goods.

“ 4aa. (1) Where goods of a kind specified in an item in the Sixth Schedule are packed in a package in which they are customarily exposed or offered for sale, the importation of the goods into Australia is prohibited unless—

(a) the weight or measure of the goods in the package is less than whichever of the weights or measures, as the case may be, specified in that item (in column 3 or 4) is the greater;

(b) the weight or measure of the goods in the package is more than whichever of the weights or measures, as the case may be, specified in that item (in column 5 or 6) is the lesser;

(c) the weight or measure of the goods in the package is equal to a weight or measure, as the case may be, specified in that item (in column 7 or 8);

(d) the goods in the package arc packed as two or more individual servings and the weight or measure of the goods comprising each serving is less than whichever of the weights or measures, as the case may be, specified in that item (in column 3 or 4) is the greater;

(e) the goods are of a kind specified in item 15 and the package is designed for sale of the articles otherwise than by volume; or

(f) a permission in writing to import the goods has been granted by the Minister.

“ (2) Where—

(a) goods of more than one kind are packed in a package; and

(b) the importation into Australia of any of those goods would be prohibited by virtue of sub-regulation (1) if they were the only goods in the package,

the importation of the goods in the package into Australia is prohibited unless a permission in writing to import the goods has been granted by the Minister.

“ (3) A permission under paragraph (f) of sub-regulation (1) or under sub- regulation (2) in respect of goods shall be subject to such conditions imposing requirements on the person to whom the permission is granted with respect to unpacking the goods as the Minister thinks necessary to ensure that the goods are not exposed or offered for sale by retail in the packages in which the goods are imported.”.

Sixth Schedule.

4. The Customs (Prohibited Imports) Regulations are amended by adding at the end thereof the following Schedule:—

SIXTH SCHEDULE Reg. 4aa.

GOODS THE IMPORTATION OF WHICH PACKED FOR SALE IS PROHIBITED UNLESS CERTAIN CONDITIONS APPLY

SIXTH SCHEDULE—continued