Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 241
EXPLANATORY-STATEMENT
STATUTORY RULES 1994 No. 241
Issued by the Authority of the Minister for Small Business, Customs and Construction
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 4Q of the Regulations prohibits the importation of goods from South Africa, or of South African origin, as specified in Schedule 7A of the Regulations unless the permission of the Minister for Foreign Affairs and Trade or an authorised person is produced to a Collector of Customs.
On 25 May 1994 the United Nations Security Council, by Resolution 919, decided to lift the arms embargo against South Africa, imposed by Resolutions 418 (1977), 558 (1984) and 591 (1986). The Australian High Commission in London also advised the Department of Foreign Affairs and Trade that Commonwealth Secretary-General Anyaoku considered that the trigger for the lifting of the Commonwealth arms embargoes had been met by the election of a nonracial democratic Government of National Unity in South Africa.
Regulation 4Q and Schedule 7A of the Customs (Prohibited Imports) Regulations give effect to Australia's obligation as a member of the United Nations to control the importation of arms (amongst other goods) from South Africa. In order to lift the arms embargo, the regulations omit regulation 4Q and Schedule 7A (regulations 2 and 3 refer).
The Regulations commence on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 241 was enacted to amend the Customs (Prohibited Imports) Regulations to lift the arms embargo against South Africa, in line with the decision by the United Nations Security Council. The Regulations were issued under the authority of the Minister for Small Business, Customs and Construction in accordance with section 50 of the Customs Act 1901, which empowers the Governor-General to prohibit the importation of goods into Australia. The policy objective of the Amendment is to ensure that Australia's obligations as a member of the United Nations are met, specifically by controlling the importation of arms and other goods from South Africa, and to reflect the lifting of the arms embargo by the United Nations. The Regulations were designed to align Australia's customs regulations with international resolutions and facilitate the lifting of the embargo following the election of a nonracial democratic Government of National Unity in South Africa.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 241, issued under the authority of the Minister for Small Business, Customs and Construction, amends the Customs (Prohibited Imports) Regulations to align with changes in international policy regarding South Africa. The Regulations operate within the framework of the Customs Act 1901, specifically Section 50, which empowers the Governor-General to prohibit the importation of goods into Australia by regulation. These regulations apply to all entities and persons attempting to import specified goods, particularly those from South Africa or of South African origin, as outlined in Schedule 7A. The Regulations aim to enforce Australia's commitments under the United Nations by controlling the importation of arms and other goods from South Africa. The amendments reflect the lifting of the arms embargo against South Africa by the United Nations Security Council Resolution 919, which followed the election of a nonracial democratic Government of National Unity in South Africa. These changes effectively remove the previous prohibition on importing specified goods from South Africa, unless other conditions or restrictions apply as prescribed by the Regulations. The amendments take effect immediately upon gazettal.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1994 No. 241 involves significant amendments to the Customs (Prohibited Imports) Regulations under the Customs Act 1901. Specifically, Section 50 of the Act allows the Governor-General to prohibit the importation of certain goods into Australia, either absolutely or subject to specific conditions or restrictions. Regulation 4Q, previously in place, prohibited the importation of goods from South Africa unless permission from the Minister for Foreign Affairs and Trade or an authorised person was presented to a Collector of Customs. This regulation was aligned with Schedule 7A, which specified the goods subject to these restrictions.
The obligations imposed by the Regulations require any individual or entity attempting to import goods from South Africa to ensure they have obtained the necessary permissions from the Minister or an authorised person. This permission must be produced to a Collector of Customs as part of the clearance process. Failure to comply with these requirements could result in the goods being refused entry into Australia.
The amendments to Regulation 4Q and Schedule 7A reflect a significant policy change in response to the lifting of the arms embargo against South Africa by the United Nations Security Council Resolution 919 on 25 May 1994. With this change, the importation of previously prohibited goods from South Africa is now permitted without the need for special permission, aligning with the new political landscape in South Africa following the election of a nonracial democratic Government of National Unity.
Offences under the Customs Act for contravening these regulations can lead to civil and criminal penalties. For example, knowingly importing prohibited goods could result in fines, seizure of the goods, and potential prosecution. The maximum penalties can vary depending on the nature and value of the goods, and the intent behind the contravention. These amendments ensure that Australia's import regulations are up-to-date with international obligations and political changes, thus maintaining compliance with global standards and fostering international relations.