Customs (Prohibited Imports) Regulations (Amendment)

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Statutory Rules

1976 No. 98

REGULATIONS UNDER THE CUSTOMS ACT 1901-1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1975.

Dated this third day of May, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

JOHN HOWARD

Minister of State for Business and Consumer Affairs.

Amendments of the Customs (Prohibited Imports) Regulations†

Appeals.

1. Regulation 5g of the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting from sub-regulation (5) the words “ Therapeutic Substances Act 1953-1959 ” and substituting the words “ Therapeutic Goods Act 1966-1973 ”; and

(b) by omitting from sub-regulation (6) the words “ Therapeutic Substances Act 1953-1959 ” and substituting the words “ Therapeutic Goods Act 1966-1973 ”.

2. After regulation 5g of the Customs (Prohibited Imports) Regulations the following regulation is inserted:—

Importation of certain goods prohibited except with consent of Director-General of Health or authorized officer.

“ 5h. (1) In this regulation, ‘ authorized officer ’ means an officer authorized by the Director-General of Health by instrument in writing to be an authorized officer for the purposes of this regulation.

“ (2) The importation into Australia of goods specified in the Eighth Schedule to these Regulations is prohibited unless the Director-General of Health or an authorized officer has, by instrument in writing, granted permission to import the goods and the instrument is produced to the Collector.

“ (3) A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, as the Director-General or authorized officer, as the case may be, thinks necessary to ensure that the goods are not used otherwise than for the purpose for which he grants the permission.”.

* Notified in the Australian Government Gazette on 12 May 1976.

† 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, 62, 121, 172 and 183.

Second Schedule.

3. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting items 1, 4, 12, 17 and 25; and

(b) by omitting from item 30a the word “ Richinus ” and substituting the word “ Ricinus ”.

Third Schedule.

4. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 2a, 2b, 8aa and 28aa.

Fourth Schedule.

5. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 49a and 49b (first occurring), being items 49a and 49b inserted in that Schedule by Statutory Rules 1967, No. 114.

Eighth Schedule.

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

“ EIGHTH SCHEDULE Regulation 5h (2)

Goods the Importation of which is Prohibited except with the Permission of the Director-General of Health or of an Authorized Officer.

Item No.

Description of Goods

1

Abortifacients, that is, substances that purport to produce abortion.

2

Advertising matter (including booklets, pamphlets, leaflets and circulars) relating to preparations, instruments, appliances, and other goods, that purport to be for therapeutic purposes and containing any statements or claims that are misleading, false or extravagant.

3

Aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3 pyrazolin-5-one), derivatives of aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1 phenyl-3-pyrazolin-5-one) (including dipyrone) and preparations containing aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3-pyrazolin-5-one) or derivatives of aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3-pyrazolin-5-one) (including dipyrone).

4

Aphrodisiacs, that is to say, cantharides, cantharidin and yohimbine, preparations containing cantharides, cantharidin or yohimbine, and any other substance or preparation that is, or is likely to be, productive, or is capable of being converted into a substance that is, or is likely to be, productive, of effects substantially of the same character or nature as, or analogous to, those produced by cantharides, cantharidin or yohimbine.

5

Bithionol (2, 2’-thiobis (4, 6-dichlorophenol)) and preparations containing bithionol (2, 2’-thiobis (4, 6-dichlorophcnol)).

6

5-bromo-4’-chlorosalicylanilide and preparations containing 5-bromo-4’-chlorosalicylanilide.

7

Buniodyl sodium (bunamiodyl) (3-butyramido-α-ethyl-2, 4, 6-triiodocinnamic acid sodium salt) and preparations containing buniodyl sodium (bunamiodyl) (3-butyramido-α-ethyl-2, 4, 6-triiodocinnamic acid sodium salt).

8

Cinchophen methyl ester (methyl-2-phenylcinchoninatc) and preparations containing cinchophen methyl ester (methyl-2-phenylcinchoninate).

9

Fenticlor (2, 2’-thiobis (4-chlorophenol)) and preparations containing fenticlor (2, 2’-thiobis (4-chlorophenol)).

10

Food, drink and oral medicine for human consumption and preparations (including essences and extracts) used in the manufacture of food, drink or oral medicine for human consumption that contain—

(a) glycol or a derivative of a glycol other than propylene glycol; or

(b) calamus or oil of calamus

11

Goods that purport to produce a therapeutic effect by electric, ultrasonic or magnetic influences or by the presence of radio-active elements.

12

(2-Isopropyl-4-pentenoyl) urea and preparations containing (2-isopropyl-4-pentenoyl) urea.

13

Preparations that purport to be a remedy for drunkenness, alcoholic habit, tobacco habit or drug habit.

14

3, 3’, 4, 5’-Tetrachlorosalicylanilide and preparations containing 3, 3’, 4, 5’-tetrachloro-salicylanitide.

15

Thalidomide and preparations containing thalidomide,

16

Triparanol and preparations containing triparanol.

17

Xylitol and preparations containing xylitol.”.

 

Overview

Statutory Rules 1976 No. 98, enacted under the Customs Act 1901-1975, serves to address the need for stringent control over the importation of certain goods into Australia that pose potential risks to public health and safety. This legislative instrument was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that the importation of hazardous or restricted goods is tightly regulated, with explicit controls placed on the entry of substances that could be used for illicit or harmful purposes, or that do not meet the necessary safety standards. By amending the Customs (Prohibited Imports) Regulations, the legislation strengthens the enforcement of restrictions on specific therapeutic and other goods, ensuring they are only imported with the appropriate consent from the Director-General of Health or an authorised officer, thereby safeguarding public health and safety.

Scope and Application

The Statutory Rules 1976 No. 98, made under the Customs Act 1901-1975, establish regulations that govern the importation of goods into Australia, specifically focusing on prohibited imports. These regulations apply to individuals and entities engaged in the importation of goods that are subject to restrictions. The scope of these regulations encompasses a variety of goods including abortifacients, misleading therapeutic advertising materials, certain chemicals and pharmaceuticals, aphrodisiacs, and other goods that are deemed hazardous or unsafe for importation without proper authorisation. The regulations mandate that the importation of specified goods is prohibited unless permission is granted by the Director-General of Health or an authorized officer. This prohibition is enforced through the presentation of written permission to the Collector upon importation. The regulations provide the Director-General or authorized officer the discretion to impose conditions on the importer, ensuring compliance with the purpose for which the goods are imported. The application of these regulations is national in scope, applicable across the entire Commonwealth of Australia. The regulations also allow for extensions or restrictions through subordinate instruments, thereby providing flexibility in the administration of the importation controls.

Key Provisions

The main operative sections of these Regulations under the Customs Act 1901-1975 involve significant amendments to the Customs (Prohibited Imports) Regulations, particularly in relation to the prohibition of certain goods unless specific permission is granted. Regulation 5g is amended to replace references to the Therapeutic Substances Act 1953-1959 with the Therapeutic Goods Act 1966-1973 (sub-regulations 5(5) and 5(6)). Additionally, a new regulation, 5h, is introduced. Regulation 5h(1) defines 'authorized officer' as an officer authorised by the Director-General of Health in writing for the purposes of this regulation. Regulation 5h(2) states that the importation into Australia of goods specified in the Eighth Schedule is prohibited unless the Director-General of Health or an authorized officer has granted permission in writing, and this permission is presented to the Collector. Regulation 5h(3) stipulates that such permission may be subject to conditions the Director-General or authorized officer deems necessary to ensure the goods are used only for the purpose for which permission was granted. The obligations imposed by these Regulations on parties or entities primarily concern the prohibition of certain goods unless they have obtained written permission from the Director-General of Health or an authorized officer. Importers must ensure that any goods they intend to bring into Australia are not listed in the Eighth Schedule unless they have the necessary written consent. This permission must be presented to the Collector upon request. Furthermore, if permission is granted, it may come with specific conditions regarding the custody, use, disposal, or destruction of the goods to ensure they are used only for the approved purposes. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of these Regulations. However, the requirement to present written permission to the Collector and comply with any conditions attached to that permission implies that failure to do so could result in legal repercussions. While the specific penalties are not outlined in the provided text, non-compliance could potentially lead to legal action under the Customs Act 1901-1975 or other relevant legislation, depending on the nature and severity of the breach.

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