Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Customs (Prohibited Imports) Regulations (Amendment) 1981, enacted by the Governor-General on the advice of the Federal Executive Council, amends the Customs (Prohibited Imports) Regulations to address the need for stricter regulation of the importation of items derived from endangered bird species. The problem this amendment was introduced to address is the protection of endangered bird species by preventing the import of products made from them, thereby supporting conservation efforts and compliance with international wildlife protection agreements. This legislative instrument was made under the authority of the Customs Act 1901, with the policy objective of enhancing Australia's commitment to wildlife conservation by prohibiting the import of items that could contribute to the decline of endangered species.

Scope and Application

The Customs (Prohibited Imports) Regulations 1981 (Amendment) pertain to the regulation of imports into Australia, specifically targeting the prohibition of certain goods. The regulations apply to all persons and entities involved in importing goods into Australia, thereby impacting various industries and transactions where such imports occur. The geographic reach of these regulations is national, applying across the Commonwealth of Australia as per the provisions under the Customs Act 1901. The amendment specifically addresses the prohibition of items such as bones, flesh, feathers, eggs, and goods made from these materials of specific bird species or subspecies listed in the Second Schedule. The regulations extend their application to any goods derived wholly or partly from the listed bird species, thereby comprehensively covering a range of products that might be subject to importation. The exclusion of Item 21 from the Third Schedule further refines the scope of the prohibition. The regulations are enforced through subordinate instruments under the Customs Act, ensuring a structured and legally binding framework for compliance.

Key Provisions

The Statutory Rules 1981 No. 711 amends the Customs (Prohibited Imports) Regulations by introducing a new item to the Second Schedule (1) and removing an item from the Third Schedule (2). The amendment specifically adds a new entry (5A) to the Second Schedule, which lists additional bird species whose bones, flesh, feathers, eggs, egg-shells, and any goods manufactured from these materials are now prohibited from being imported into Australia (1). The species added to this list include Diomeda albatrus, Pterodroma leucoptera leucoptera, and several others, totalling 49 species or subspecies. Conversely, the amendment removes an item from the Third Schedule, which likely pertains to previously listed prohibited items that are no longer subject to the prohibition (2). The obligations and requirements imposed by this legislative instrument are primarily directed towards customs officers, importers, and other relevant parties. Customs officers are tasked with enforcing the prohibition on the importation of specified bird parts and goods made from them. This includes inspecting and seizing any such items that are attempted to be brought into Australia. Importers, on the other hand, must ensure that their goods do not include any parts of the listed bird species or products derived from them. This requirement extends to providing accurate and truthful declarations on all import documents to avoid any prohibited items from entering the country. Failure to comply with these obligations can result in severe consequences. The Customs (Prohibited Imports) Regulations impose significant penalties for breaches of the prohibitions outlined in the amended schedules. Any person found to have imported, or attempted to import, any of the items listed in the new entry (5A) of the Second Schedule may face criminal penalties. The exact penalty is not specified in the provided text, but under the Customs Act 1901, the maximum penalty for contravening customs regulations can include fines of up to $22,200 and/or imprisonment for up to two years (3). In addition to criminal penalties, breaches of these regulations may also result in civil consequences, such as the forfeiture of the prohibited goods and additional fines as determined by the courts. In summary, the Statutory Rules 1981 No. 711 significantly expands the list of prohibited bird species and related products that cannot be imported into Australia. It imposes clear obligations on customs officers to enforce these prohibitions and on importers to ensure compliance. The amendment also introduces potential criminal and civil penalties for breaches, thereby reinforcing the importance of adhering to these regulations.