STATUTORY RULES.
1964. No. 25.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1963.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1963.
Dated this seventeenth day of February, 1964.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
DENHAM HENTY
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Imports) Regulations.†
Definitions.
1. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended by inserting after the definition of “pistol” the following definitions:—
“‘poppy straw’ means any part (other than the seeds) of the opium poppy (Papaver Somniferum);
“‘the Act’ means the Customs Act 1901-1963;”.
Importation of fish.
2. After regulation 4a of the Customs (Prohibited Imports) Regulations the following regulation is inserted:—
“4b.—(1.) In this regulation ‘fish’ includes all forms of marine life other than whales.
“(2.) This regulation applies to fish, other than fish that are, by virtue of section 131a of the Act, not subject to the control of the Customs, that—
(a) have been taken in waters beyond the territorial limits of Australia; and
(b) have not been landed at a port or place in a country outside Australia,
whether the fish are fresh, smoked, preserved in airtight containers or frozen.
“(3.) The importation of fish, or of parts of fish, to which this regulation applies is prohibited unless the importer produces to the Collector the permission, in writing, of the Minister of State for Primary Industry.”.
Second Schedule.
3. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by inserting after item 27 the following item:—
“28| Poppy straw”.
* Notified in the Commonwealth Gazette on 27th February, 1964.
† 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; and 1963, No. 26.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
6570/63.—Price 6d.
Overview
The Statutory Rules of 1964, specifically Statutory Rules No. 25, were enacted under the authority of the Customs Act 1901-1963. These regulations were introduced to address the need to update and refine the Customs (Prohibited Imports) Regulations to include new categories of prohibited imports and provide clearer definitions for enforcement purposes. The Customs Act 1901-1963, administered by the Australian Parliament, was the foundational piece of legislation that governed customs duties, tariffs, and the regulation of imported goods into Australia. The policy objective of these regulations was to enhance the control and regulation of imports, particularly by expanding the definition of prohibited items and ensuring compliance with both customs and primary industry standards. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 17 February 1964.
Scope and Application
The Statutory Rules of 1964, specifically No. 25, comprise Regulations under the Customs Act 1901-1963, enacted to amend the Customs (Prohibited Imports) Regulations. These regulations primarily apply to individuals, businesses, and entities engaged in importing goods into Australia. The scope of these regulations extends to prohibiting the importation of certain items, including poppy straw and fish taken from waters beyond Australia's territorial limits, unless specific permissions are obtained. This geographic reach ensures that imports are controlled at the national level, aiming to prevent illegal activities and maintain compliance with Australian laws. The regulations also introduce new definitions, such as "poppy straw" and provide detailed conditions under which the importation of fish is prohibited, thereby setting clear thresholds and criteria for enforcement by the Collector. These amendments are intended to reinforce the regulatory framework established by the Customs Act, ensuring that the importation of restricted goods is adequately monitored and controlled.
Key Provisions
The Regulations under the Customs Act 1901-1963, introduced in 1964, make specific amendments to the Customs (Prohibited Imports) Regulations. These amendments, detailed in Regulation 1, include the addition of new definitions such as "poppy straw" and "the Act" (Regulation 1). Regulation 2 introduces a new prohibition on the importation of fish taken from waters beyond Australia's territorial limits, unless a written permission from the Minister of State for Primary Industry is provided to the Collector (Regulation 2). Additionally, the Second Schedule is updated to include poppy straw among the prohibited imports (Second Schedule, item 28).
These Regulations impose several obligations on parties or entities involved in importing goods into Australia. Importers of fish caught beyond Australia's territorial waters must secure written permission from the Minister of State for Primary Industry before attempting to import such fish (Regulation 2(3)). Additionally, any person attempting to import poppy straw must adhere to the new definition and prohibition outlined in the Regulations (Second Schedule, item 28). Failure to comply with these requirements can result in the refusal of entry for the imported goods and potential legal consequences.
The Regulations also outline potential penalties and consequences for breaches. While the specific penalties are not detailed in the excerpt, it is common under Australian law for breaches of customs regulations to result in civil or criminal penalties. These may include fines, imprisonment, or both, depending on the severity and intent of the breach. The exact penalties would be determined by the relevant authorities, in accordance with the provisions of the Customs Act 1901-1963 and any applicable subsidiary legislation.