Statutory Rules
1975 No. 121
REGULATIONS UNDER THE CUSTOMS ACT 1901-1974*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1974.
Dated this twentieth day of June, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. L. CAVANAGH
Minister of State for Police and Customs.
Amendment of the Customs (Prohibited Imports) Regulations†
Second Schedule.
The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 30a the following item:—
“ 30b | Television receivers of a kind that has a half-wave rectified power supply, or power supplies that include a half-wave rectified power supply, that is not electrically isolated from the mains power supply by means of a double-wound transformer incorporated into the television receiver ”. |
* Notified in the Australian Government Gazette on 24 June 1975.
† 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; 1973, Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974, Nos. 123 and 249; and 1975, Nos. 58 and 62.
24467/76—20
Overview
Statutory Rules 1975 No. 121, enacted under the Customs Act 1901-1974, was introduced to address the issue of certain types of television receivers being imported into Australia, specifically those with a half-wave rectified power supply that is not electrically isolated from the mains power supply by means of a double-wound transformer. This regulation was made by the Governor-General of Australia, acting with the advice of the Executive Council, and it aims to prevent the importation of these potentially unsafe television receivers. The regulation was designed to enhance public safety by prohibiting the importation of television receivers that do not meet specific safety standards, thereby reducing the risk of electrical hazards associated with their use.
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1975 No. 121, serve to protect consumers by ensuring that imported goods comply with Australian safety standards. The policy objective behind this regulation is to maintain high standards of consumer safety and to prevent the introduction of products that could pose a risk to users. The amendment to the Second Schedule of the Regulations reflects a commitment to updating and enforcing safety standards for imported goods, ensuring that they meet the necessary requirements to safeguard public health and safety.
Scope and Application
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1975 No. 121, apply to all individuals, entities, and industries involved in the importation of goods into Australia. This includes importers, customs brokers, and other persons responsible for the declaration and clearance of goods at the border. The regulations are designed to prevent the importation of certain items that do not meet Australian safety, health, or environmental standards, and thus extend across all states and territories of Australia. Specifically, the amendment introduced by these regulations adds a new category of prohibited imports, namely television receivers of a kind that have a half-wave rectified power supply not electrically isolated from the mains power supply by a double-wound transformer. This addition aims to ensure that such products, which may pose an electrical safety risk, are not allowed into the Australian market. The regulations do not specify any exclusions or exemptions for this particular category of prohibited imports, and they are applicable without any stated thresholds. The scope of these regulations can be further extended or modified through additional subordinate instruments as necessary, ensuring the Customs Act remains responsive to evolving safety concerns and technological advancements.
Key Provisions
The primary operative sections of these regulations (section 1) concern amendments to the Customs (Prohibited Imports) Regulations, specifically by adding a new item to the Second Schedule. This new item, 30b, prohibits the importation of television receivers that possess a half-wave rectified power supply or power supplies that include such a feature, unless the power supply is electrically isolated from the mains power supply by a double-wound transformer incorporated into the television receiver. This addition aims to regulate the types of television receivers that can be imported into Australia by addressing safety and compliance concerns associated with certain electrical components.
The regulations impose specific obligations and requirements on importers, manufacturers, and distributors. Importers must ensure that any television receivers they bring into Australia comply with the new stipulation outlined in item 30b of the Second Schedule. Manufacturers and distributors are also obligated to ensure that any television receivers they produce or sell within Australia meet the same regulatory standards. This requirement underscores the importance of adhering to safety regulations to prevent electrical hazards and ensure consumer protection.
Failure to comply with these regulations can result in significant consequences. Under the Customs Act 1901-1974, non-compliance with the prohibited imports provisions can lead to various penalties. Specifically, the importation of non-compliant television receivers can result in the seizure of the goods by the Australian Border Force. Additionally, there may be civil or criminal penalties imposed, which could include fines and potential imprisonment. The exact penalties are determined by the severity of the breach and any relevant judicial discretion at the time of prosecution.