Customs (Prohibited Imports) Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1996B03698 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 262

REGULATIONS UNDER THE CUSTOMS ACT 1901-1971.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1971.

Dated this eleventh day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Imports) REGULATIONS†

Interpretation.

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

(a) by inserting before the definition of “coffee” the following definition:—

“‘ British Standard’ means a standard issued by the British Standards Institution established under Royal Charter;”; and

(b) by adding at the end thereof the following sub-regulation:—

“(3) For the purposes of these Regulations—

(a) a reference to a British Standard published on a date specified in these Regulations shall be read as a reference to such British Standard published by the British Standards Institution on that date; and

(b) where a British Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the British Standard.”.

Importation of glazed ceramic ware.

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

“4e. (1) The importation into Australia of an article of glazed ceramic ware of a kind normally used for or in connexion with the storage or consumption of food is prohibited if the article is an article of a kind specified in an item

* Notified in the Australian Government Gazette on 19 December, 1973.

† 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; and 1973, Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227 and 228.


in the Seventh Schedule to these Regulations and, when tested with the prescribed solution in accordance with the method specified in that item (in column 3), releases to the solution lead or cadmium in an amount per volume of solution in excess of the amounts of lead and cadmium per volume of solution respectively specified in that item (in columns 4 and 5).

“(2) For the purposes of sub-regulation (1), the prescribed solution is a solution consisting of four per centum by volume of glacial acetic acid in water, being water that conforms with British Standard 3978 published on 18 February 1966.”.

Seventh Schedule.

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

SEVENTH SCHEDULE Reg. 4e.

ARTICLES OF GLAZED CERAMIC WARE, METHODS OF TESTING AND PERMISSIBLE LEVELS OF METAL RELEASE

Column 1

Column 2

Column 3

Column 4

Column 5

Item No.

Description of Article

Method of testing

Amount of lead per volume of solution

Amount of cadmium per volume of solution

 

 

 

milligrams per litre

milligrams per litre

1

Cup, mug, jug, jar, bowl, teapot, coffee pot or other article of tableware (other than an article referred to in Item 3) having a liquid capacity of less than 1100 millilitres.

Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972.

7.0

0.7

2

Cup, mug, jug, jar, bowl, teapot, coffee pot or other article of tableware (other than an article referred to in Item 3) having a liquid capacity equal to or in excess of 1100 millilitres.

Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972.

2.0

0.2

3

Plate (including soup plate or dessert plate), saucer, or similar article of tableware.

Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972.

20.0

2.0

4

Any article of cooking ware.

Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 2 of British Standard 4860 published on 31 October 1972.

7.0

0.7

 

Overview

The Statutory Rules 1973 No. 262, made under the Customs Act 1901-1971, were introduced to address the need for updated regulations concerning the importation of certain goods into Australia, specifically focusing on glazed ceramic ware that is intended for food storage or consumption. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations sought to ensure that imported ceramic ware meets safety standards by prohibiting the importation of items that release unsafe levels of lead and cadmium when tested with a specified solution. The policy objective is to protect public health by preventing the use of ceramic ware that could potentially contaminate food due to the leaching of harmful metals. The regulations amend the Customs (Prohibited Imports) Regulations to include new definitions and testing methods for glazed ceramic ware, specifying the maximum allowable levels of lead and cadmium for various types of ceramic ware. The amendments also detail the prescribed solution to be used in testing, which consists of four per centum by volume of glacial acetic acid in water conforming to British Standard 3978. This legislative instrument underscores the Australian government’s commitment to regulating imports to safeguard consumer health and ensuring compliance with international safety standards.

Scope and Application

These regulations, made under the Customs Act 1901-1971, govern the importation of certain items into Australia, specifically targeting glazed ceramic ware used for or in connection with the storage or consumption of food. The regulations apply to any individual or entity attempting to import such items into Australia. They are intended to prevent the importation of glazed ceramic ware that, when tested with a four per centum by volume solution of glacial acetic acid in water, releases lead or cadmium in quantities exceeding specified thresholds. The regulations are geographically applicable across Australia, as they are issued under the authority of the Commonwealth. There are no stated exclusions or exemptions within these regulations; however, the scope of application may be extended or modified through subordinate instruments issued under the authority of the Customs Act 1901-1971. The regulations specify detailed methods of testing and permissible levels of metal release for various types of glazed ceramic ware, as outlined in the Seventh Schedule.

Key Provisions

The main operative sections of the Statutory Rules 1973 No. 262, made under the Customs Act 1901-1971, involve the insertion of a new definition in regulation 2 of the Customs (Prohibited Imports) Regulations, the addition of a new regulation 4e regarding the importation of glazed ceramic ware, and the inclusion of a Seventh Schedule specifying the articles of glazed ceramic ware, the methods of testing, and the permissible levels of metal release. Regulation 2 introduces the definition of "British Standard" and clarifies how references to British Standards and incorporated instruments should be read. Regulation 4e prohibits the importation of specified glazed ceramic ware if they release lead or cadmium in amounts exceeding the permissible levels when tested with a prescribed solution. The Seventh Schedule details the specific articles, testing methods, and permissible lead and cadmium levels. The obligations and requirements imposed by these Regulations are primarily on importers and customs officials. Importers must ensure that any glazed ceramic ware they seek to import into Australia complies with the specified testing methods and permissible metal release levels as outlined in the Seventh Schedule. This involves conducting appropriate tests on the ceramic ware using the prescribed four percent glacial acetic acid solution and ensuring that the results meet the standards set forth in the relevant British Standards. Customs officials are required to enforce these regulations by inspecting imported glazed ceramic ware and denying entry to any items that do not comply with the stipulated requirements. Failure to comply with these Regulations can result in significant consequences. Importers who attempt to bring non-compliant glazed ceramic ware into Australia risk having their goods seized and may face penalties. While the exact penalties are not specified in the provided excerpt, it is typical for breaches of customs regulations to incur financial penalties or other legal consequences. The specific penalties would be determined based on the severity of the breach and any relevant laws or regulations in place at the time of the offence.

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