Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 378
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 378
Issued by the Authority of the Minister for Industry, Science and Technology
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Customs Act 1901 (the Act) provides in part that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised - ..(c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
(3) Without limiting the generality of paragraph (2)(c), the regulations -...(a) may provide that the importation of goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ...".
The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making the importation subject to the permission of a Minister or a specified person.
Regulation 4QD of the Regulations prohibits the importation of goods that originate in Haiti, and that have been exported from Haiti after the day on which regulation 4QD commenced, unless a permission has been granted by the Minister for Foreign Affairs, or a person authorised in writing by the Minister for Foreign Affairs.
On 15 October 1994 the United Nations Security Council (UNSC), by virtue of Resolution 948 (1994), decided to lift all United Nations (UN) sanction controls relating to Haiti.
The Regulations give effect to Australia's obligations as a member of the UN by omitting regulation 4QD so as to lift the sanctions against importation to Australia from Haiti (regulation 2 refers).
The Regulations commence on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 378 was enacted to align Australian customs regulations with the resolution made by the United Nations Security Council on 15 October 1994, lifting sanctions on Haiti. This amendment was made under the authority of the Minister for Industry, Science and Technology, pursuant to Section 50 of the Customs Act 1901. The primary objective of this amendment was to ensure that Australia complied with its international obligations as a member of the UN by updating the Customs (Prohibited Imports) Regulations to reflect the UNSC's decision to lift the sanctions on Haiti. By omitting Regulation 4QD, which had previously restricted the importation of goods originating from Haiti, the Regulations now permit such imports unless otherwise specified by the amended regulations. This change was implemented to facilitate trade and diplomatic relations with Haiti, in line with the UN's decision.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 378 amends the Customs (Prohibited Imports) Regulations 1978, which are made under the Customs Act 1901. This amendment specifically targets the prohibition on the importation of goods from Haiti, aligning Australia’s regulations with the decision by the United Nations Security Council to lift sanctions on Haiti. The Regulations apply to all persons or entities attempting to import goods originating from Haiti into Australia, imposing a prohibition unless a specified permission is granted. The amendment removes Regulation 4QD, thereby lifting the previously imposed sanctions and permitting the importation of goods from Haiti without restriction, effective from the date of the amendment’s gazette. The geographic reach of these Regulations is national, as they govern the importation activities across Australia, and they are effective immediately upon publication. This amendment does not create new exclusions or exemptions beyond the removal of the sanctions, and the Regulations can be further extended or restricted by subordinate instruments as necessary to comply with international obligations.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 378 amends the existing Customs (Prohibited Imports) Regulations, impacting the importation of goods from Haiti. Regulation 4QD, which previously prohibited the importation of goods originating from Haiti unless permission was granted by the Minister for Foreign Affairs or an authorised person, is omitted entirely by this amendment. This change follows the United Nations Security Council's decision, made on 15 October 1994, to lift all sanctions on Haiti under Resolution 948 (1994). By removing regulation 4QD, the amendment aligns Australia's trade practices with the updated global sanctions regime.
The primary obligation under these Regulations is the requirement for importers to ensure that goods intended for importation into Australia do not contravene the provisions set forth. With the removal of regulation 4QD, there is no longer a prohibition on importing goods from Haiti, meaning that such imports are now permitted without the need for specific permissions from the Minister for Foreign Affairs or an authorised person. Importers must, however, remain compliant with any other applicable regulations and requirements under the Customs Act 1901 and the amended Customs (Prohibited Imports) Regulations.
Breaching the provisions of the Customs Act 1901 or the Customs (Prohibited Imports) Regulations can lead to significant consequences. Under section 148 of the Act, an offence is created for importing goods in contravention of the regulations. The maximum penalty for such an offence can include a fine of up to 10,000 penalty units or imprisonment for up to five years, or both, depending on the severity and circumstances of the breach. Additionally, the importation of prohibited goods can result in the seizure and forfeiture of the goods by the Australian Customs Service, as well as potential civil penalties for non-compliance.