Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Statutory Rules of 1936, No. 162, under the Customs Act 1901–1936, were enacted to amend the Customs (Prohibited Imports) Regulations. This regulation was introduced to address a gap in the prohibition of certain glass products, specifically the need to include both polished and patent plate glass, as well as opaque glass, within the prohibited imports category. The amendment was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and is a legislative instrument designed to refine the scope of the Customs Act. The policy objective behind this regulation is to ensure that the import restrictions are clearly defined and comprehensively cover all relevant glass products as classified under specific tariff items.

Scope and Application

The Statutory Rules 1936 No. 162, made under the Customs Act 1901–1936, amends the Customs (Prohibited Imports) Regulations by modifying the Second Schedule to exclude "Polished and patent plate glass" and replace it with "Polished and patent plate glass and opaque glass, classifiable under Tariff Items 242(d) and 242(e)." This legislative instrument applies to individuals and entities involved in the importation of goods into Australia, specifically targeting the importation of specified glass items. The regulations are applicable across the Commonwealth of Australia, enforcing a national standard on the importation of these goods. While the primary focus is on amending the list of prohibited imports, the regulations themselves do not explicitly state any exclusions or thresholds; however, their application is contingent upon the broader provisions and interpretations of the Customs Act 1901–1936. The scope of the regulation may be further defined or extended through subordinate instruments issued under the authority of the Customs Act.

Key Provisions

The main operative sections of these regulations involve the amendment of the Customs (Prohibited Imports) Regulations, specifically concerning the Second Schedule (s. 1). The regulation updates the list of prohibited imports by removing the previous entry for "Polished and patent plate glass" and replacing it with "Polished and patent plate glass and opaque glass, classifiable under Tariff Items 242(d) and 242(e)" (s. 1). This change broadens the scope of what is considered a prohibited import, now including opaque glass falling under the same tariff items. These regulations impose obligations on importers, customs officials, and potentially other entities involved in the importation process to adhere to the updated list of prohibited items (s. 1). Importers must ensure that any goods they are bringing into Australia do not include the newly specified items in the prohibited list. Customs officials are required to enforce these regulations by inspecting imported goods and preventing the entry of items that fall under the updated prohibitions. Failure to comply with these regulations can result in legal consequences. Importers who attempt to bring in prohibited goods could face civil penalties, including fines, and their goods may be seized and destroyed (s. 1). Additionally, there may be criminal penalties for wilful or negligent breaches, depending on the severity and intent behind the violation. The exact nature and extent of these penalties would be determined by the courts based on the specific circumstances of each case.