Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 317
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 317
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901 (C'th)
Customs (Prohibited Imports) Regulations (Amendment)
Section 270 of the Customs Act 1901 (CM) (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
Section 50 of the Act provides in part that:
"(1) The Governor-General may by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised - ... (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
(3) Without limiting the generality of paragraph 2(c), the regulations - (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations;"
The Customs (Prohibited Imports) Regulations (the Regulations) control the import 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 of a specified person.
Item 36, Schedule 2 of the Regulations previously provided that "motor vehicle windscreens, windows or interior partition's not complying with the Australian Design Rule (Third Edition) 8/00 ("Safety Glazing Material"), issued on 1 July 1988" could not be imported unless a permission in writing by the Minister or an authorised, person has been granted.
Regulation 2 has repealed the import controls on motor vehicle windscreens, windows and interior parts previously prescribed by Item 36, Schedule 2.
The import prohibition was no longer considered necessary. Since the time of the introduction of this control, other Federal legislation had been enacted which dealt with unsafe automotive products. The importation of new motor vehicle windscreens for use in the manufacture of motor vehicles is covered by the Motor Vehicle Standards Act 1989. The Trade Practices Act 1974 provides blanket assurance for the standard of non brand parts through Part V, Consumer Protection and Part VA, Liability of Manufacturers and Importers for Defective Goods. Due to the effect of this legislation, it. was considered that there was no basis for continuing the prohibition.
The regulation commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 317 was enacted to amend the Customs (Prohibited Imports) Regulations under the Customs Act 1901. The primary problem this amendment addressed was the redundancy of import controls on motor vehicle windscreens, windows, and interior partitions that did not comply with the Australian Design Rule 8/00 ("Safety Glazing Material"). This change was prompted by the introduction of other federal legislation that already regulated the safety and standards of automotive products. The Customs (Prohibited Imports) Regulations (Amendment) sought to align with these legislative advancements and remove outdated prohibitions that were no longer necessary. The regulations were issued by the Minister for Customs and Consumer Affairs and were designed to ensure that Australian import laws remained efficient and consistent with other safety and trade regulations in place.
The Customs (Prohibited Imports) Regulations (Amendment) 1997 effectively repealed the import restrictions previously placed on motor vehicle windscreens, windows, and interior partitions that did not meet the specified design rules. The policy objective behind this amendment was to streamline and modernise Australia's import laws, ensuring they were in harmony with other federal statutes that already addressed the safety and quality of automotive components. By removing these redundant controls, the amendment aimed to reduce bureaucratic inefficiencies and maintain a robust framework for regulating imports that align with contemporary safety standards and trade practices.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 317 amends the Customs (Prohibited Imports) Regulations under the Customs Act 1901 to remove restrictions on the importation of motor vehicle windscreens, windows, and interior partitions. The Act applies to individuals and entities intending to import goods into Australia, with specific reference to the prohibition or conditional allowance of certain goods. This amendment is confined to the Commonwealth jurisdiction, impacting anyone seeking to import the specified goods into Australia. The removal of these prohibitions is based on the existence of other federal legislation, such as the Motor Vehicle Standards Act 1989 and the Trade Practices Act 1974, which already provide sufficient regulatory oversight for the safety and standards of automotive products. As such, the regulations reflect an alignment with existing legislative frameworks to ensure consistency and avoid redundancy in regulatory measures.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 317 primarily focuses on amending the Customs (Prohibited Imports) Regulations by removing the prohibition on the import of certain motor vehicle components. Specifically, Regulation 2 repeals the import restrictions on motor vehicle windscreens, windows, and interior partitions that were previously outlined in Item 36, Schedule 2 of the Regulations (paragraph 2). These items were prohibited unless a written permission was granted by the Minister or an authorised person. This change reflects the view that the import prohibition was no longer necessary.
The Customs Act 1901 (section 270) allows for the creation of regulations that align with the Act and facilitate its implementation. Section 50 of the Act further empowers the Governor-General to prohibit the importation of goods, provided that these regulations do not contravene the Act. The Regulations previously included specific prohibitions on the importation of non-compliant motor vehicle windscreens, windows, and interior partitions, contingent on obtaining the appropriate permissions. However, the amendment removes these specific prohibitions, aligning with broader federal legislation that already addresses safety standards for automotive products.
Entities or individuals affected by the removal of these import restrictions must now ensure compliance with other federal laws, such as the Motor Vehicle Standards Act 1989 and the Trade Practices Act 1974. These Acts provide overarching standards and consumer protections that make the previous import restrictions redundant. The Customs (Prohibited Imports) Regulations (Amendment) 1997 No. 317 thus shifts the regulatory focus to these other legislative frameworks, ensuring that safety and quality standards are maintained through different mechanisms.
In terms of consequences, failure to comply with the regulations as amended can result in penalties under the various Acts governing the import and use of motor vehicle components. Under the Customs Act 1901, unauthorised importation of goods can lead to penalties, including fines and potential criminal charges. The Motor Vehicle Standards Act 1989 and Trade Practices Act 1974 also contain provisions for enforcement actions, which may include fines, legal proceedings, and other sanctions for non-compliance. These penalties underscore the importance of adhering to the legislative frameworks designed to protect public safety and ensure product quality.