EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1988 NO. 375
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
These Statutory Rules repeal the Customs controls on the importation of:
i) ships
ii) counterfeit coin and imitation or counterfeit bank notes; and
iii) eggs (not in shells).
Details of the Regulations are as follows:
Regulation 1: is a machinery provision which provides that the Customs (Prohibited Imports) Regulations are the “Principal Regulations” for the purposes of these Statutory Rules.
Regulations 2: repeals regulation 4L of the Customs (Prohibited Imports) Regulations. Regulation 4L provides that the importation of ships is prohibited unless the person importing the ship is the holder of a permission granted by the Minister of State for Transport and Communications or an authorized officer. This provision was designed to provide an indirect form of industry assistance to the Australian shipbuilding industry, by restricting the importation of vessels, and in particular, secondhand vessels.
There has been a progressive relaxation of the operation of this Regulation over recent years to allow the entry of a greater number of vessels, and more recently, given the current strength of the local shipbuilding industry, the Government decided to remove the import restrictions altogether.
Regulation 3: amends the First Schedule to the Customs (Prohibited Imports) Regulations by omitting items 10 and 19.
• item 10 prohibits absolutely the importation of counterfeit coin. Goods falling within the terms of item 10 were declared prohibited imports in the original Customs Act 1901 and were transferred to the Regulations in 1956.
• item 19 prohibits absolutely the importation of imitation or counterfeit bank notes, and all articles which, not being bank notes, so nearly resemble bank notes as to be likely to deceive. Goods falling within the terms of item 19 were proclaimed as prohibited imports in 1910 and incorporated in the Regulations in 1935.
As the Crimes (Currency) Act 1981 is now in force (it commenced operation on 16 December 1985) it is no longer necessary to maintain these items in the Regulations. In particular, sections 10, 12 and 20 and subsections 21(2), 29(1) and 29(3) of the Crimes (Currency) Act 1981 are quite explicit with regard to the importation of counterfeit money as well as goods used in the manufacture of counterfeit money.
Regulation 4: amends the Third Schedule to the Customs (Prohibited Imports) Regulations by omitting item 8. Item 8 prohibits the importation of eggs not in shell unless a prescribed certificate is produced to the Collector. The prohibition was first effected by Proclamation in 1907 in an attempt to ensure that certain standards of hygiene were observed.
The Australian Customs Service is no longer responsible for the health requirements of imported goods; this is the role that the Department of Primary Industries and Energy, and in particular, the Australian Quarantine and Inspection Service, perform. Under subsection 13(1) of the Quarantine Act 1908 the Governor-General may by proclamation prohibit, amongst other things, the importation into Australia of any articles likely, in his opinion, to introduce any infectious or contagious disease, or disease or pest affecting persons, animals or plants; or any animals or parts of animals.
By Quarantine Proclamation No. 85A (published in Australian Government Gazette No. G4, 28 January 1975) the Governor-General prohibited the importation into Australia of eggs, egg pulp, dried eggs, egg noodles and egg albumen in any form unless the Director of Quarantine or a person authorized by him has, by instrument in writing, consented to the importation and the instrument is produced to a Collector within the meaning of the Customs Act 1901 or to a quarantine officer. Given this control, there is no need to continue the Customs control.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 375, issued under the authority of the Minister of State for Science, Customs and Small Business, aim to streamline and modernise Australia's import restrictions by repealing certain controls on the importation of ships, counterfeit coin and imitation or counterfeit bank notes, and eggs (not in shells). This amendment was introduced to address the outdated nature of these specific import restrictions, which were either redundant due to changes in industry conditions or better regulated under other legislation. The Customs Act 1901, enacted by the Commonwealth Parliament, provides the legislative framework for regulating imports, but as other Acts and services have evolved to take over specific regulatory roles, these regulations have become unnecessary. For example, the importation of counterfeit currency is now more comprehensively managed under the Crimes (Currency) Act 1981, while the health requirements for imported goods, such as eggs, have been transferred to the Australian Quarantine and Inspection Service under the Quarantine Act 1908.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 375, issued under the authority of the Minister of State for Science, Customs and Small Business, modify the Customs (Prohibited Imports) Regulations to remove certain import restrictions. This amendment applies to individuals and entities seeking to import ships, counterfeit coin and imitation or counterfeit bank notes, and eggs not in shells into Australia. Geographically, the amendment operates within the Commonwealth jurisdiction, affecting import activities across Australia. The amendment does not specify exclusions but instead removes certain prohibitive measures previously in place. The scope of the amendment is facilitated by subordinate instruments, allowing for the detailed adjustments to the Customs (Prohibited Imports) Regulations as outlined in the regulations themselves.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 375 introduce several significant changes to the Customs Act 1901, specifically concerning the prohibition of certain imports. Regulation 2 repeals regulation 4L, which previously restricted the importation of ships unless authorised by the Minister of State for Transport and Communications or an authorised officer (Reg. 2). This change reflects a decision by the government to remove import restrictions on ships, given the current strength of the Australian shipbuilding industry. Regulation 3 modifies the First Schedule by removing items 10 and 19, which previously prohibited the absolute importation of counterfeit coin and imitation or counterfeit bank notes (Reg. 3). These items have been deemed unnecessary following the enactment of the Crimes (Currency) Act 1981, which explicitly governs the importation of counterfeit money. Regulation 4 further amends the Third Schedule by removing item 8, which prohibited the importation of eggs not in shell unless a prescribed certificate was presented to the Collector (Reg. 4). This change aligns with the transfer of health requirements for imported goods to the Department of Primary Industries and Energy and the Australian Quarantine and Inspection Service.
These amendments impose new obligations on entities and individuals who previously required specific permissions or authorisations for importing ships, counterfeit coin, imitation or counterfeit bank notes, and eggs not in shell. The removal of these restrictions means that these items can now be imported without the need for prior authorisation from the relevant ministers or officers. This change simplifies the importation process for these goods and reflects the current regulatory environment concerning currency and health standards.
For breach of any remaining prohibitions under the Customs Act 1901, there are potential civil and criminal consequences. Specifically, under section 161 of the Customs Act 1901, any person who contravenes the Act, including the prohibitions on importing goods, can be subject to a penalty. The maximum penalty for an individual is generally a fine of up to 10,000 penalty units or imprisonment for up to five years, or both, depending on the severity of the offence. For a body corporate, the maximum penalty can be significantly higher, up to 50,000 penalty units or imprisonment for up to ten years, or both, depending on the offence. These penalties underscore the importance of compliance with the Customs Act and its associated regulations.