Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 31
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 31
Issued by the Authority of the Minister for Small, Business and Consumer Affairs
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 the 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 the goods specified in the various regulations or the Schedules to the Regulations. by prohibiting importation absolutely. or making importation subject to the permission of a Minister or a specified person.
These Regulations implement Australia's obligations as a member of the United Nations to suspend trade sanctions against the Bosnian Serb party.
Background
In June 1992 the Regulations were amended to implement United Nations Security Council (UNSC) Resolutions imposing trade sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY) - (Statutory Rules 1992 No. 154 refers - inserting regulation 4QB). In May 1993 the Regulations were further amended to extend the trade sanctions to the Republic of Bosnia and Herzegovina and the Republic of Croatia. - (Statutory Rules 1993 No. 67 refers - inserting regulation 4QC).
Regulations 4QB and 4QC of the Regulations prohibit the importation of all goods from, or originating in, the FRY or the Republics of Bosnia and Herzegovina, or Croatia without the permission of the Minister for Foreign Affairs or an authorised person.
In December 1995, in accordance with UNSC Resolution 1022 of 22 November 1995, these sanctions were suspended, except insofar as they related to the Bosnian Serb party and the assets owned or controlled by the FRY within Australia. As this measure was a "suspension" rather than a 'termination" of the earlier sanctions, which did not apply to certain parties, it was implemented in the form of "conditioned blanket permissions", rather than amendment to the Regulations.
By letter dated 26 February 1996 the Secretary-General of NATO advised the Secretary General of the United Nations that the Bosnian Serb forces had withdrawn from the zones of separation set out in the Dayton Peace, Agreement, thereby satisfying the last requirement of UNSC Resolution 1022 for the suspension of sanctions against the Bosnian Serb party.
The net effect of this West suspension is that no controls on the importation into Australia of goods from the relevant Republics are now required. To give effect to Australia's obligation to suspend remaining sanctions against the Bosnian Serb party, regulations 2 and 3 omit regulations 4QB and 4QC, respectively, of the Regulations.
If a decision of the UNSC requires sanctions to be reimposed at some time in the future, it will he necessary to amend the Regulations to reimpose the import prohibitions consistent with Australia's under international law.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 31 were enacted to address the need to implement Australia's obligations under the United Nations concerning the suspension of trade sanctions against the Bosnian Serb party. These Regulations were introduced to amend the Customs (Prohibited Imports) Regulations, which previously controlled the importation of goods from specific regions by either prohibiting them outright or making their importation subject to ministerial permission. The Customs Act 1901 empowers the Governor-General to prohibit the importation of goods into Australia, and the Regulations operate under this authority. The policy objective of these amendments is to align Australia's domestic regulations with the decisions made by the United Nations Security Council, specifically Resolution 1022 of 22 November 1995, which suspended sanctions against the Bosnian Serb party, thereby facilitating trade with the relevant Republics in compliance with international obligations.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 31 amends the Customs (Prohibited Imports) Regulations to implement Australia's obligations under the United Nations to suspend trade sanctions against the Bosnian Serb party. These Regulations, which are subordinate instruments under the Customs Act 1901, apply to the importation of goods into Australia and are designed to control the entry of specified goods, either by absolute prohibition or subject to ministerial or authorised permission. The Regulations specifically address the suspension of earlier trade sanctions imposed on the Federal Republic of Yugoslavia and the Republics of Bosnia and Herzegovina and Croatia, which have now been lifted except for the Bosnian Serb party. This amendment removes regulations 4QB and 4QC, thus allowing the importation of goods from the aforementioned territories without the need for specific permission, except for assets owned or controlled by the Federal Republic of Yugoslavia within Australia. The Regulations came into effect upon gazette and will require further amendment should the United Nations Security Council decide to reimpose sanctions in the future.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 31 revise the existing Customs (Prohibited Imports) Regulations to reflect a change in international obligations under United Nations Security Council resolutions. These Regulations implement Australia’s commitments as a member of the United Nations by modifying the trade sanctions related to the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republics of Bosnia and Herzegovina and Croatia. Specifically, the Regulations amend sections 4QB and 4QC, which previously prohibited the importation of all goods from these regions unless certain permissions were granted. Section 2 and Section 3 of the Regulations remove these prohibitions, effectively allowing the importation of goods from these regions without restriction, in line with the suspension of sanctions against the Bosnian Serb party as per UNSC Resolution 1022.
These Regulations impose certain obligations on individuals and entities involved in the importation of goods. Importers must ensure that they comply with the amended Regulations, which now permit the importation of goods from the specified regions without the need for specific permissions. This change requires importers to stay informed about the latest regulations and ensure that their activities do not inadvertently violate any other existing import restrictions. The Customs Act 1901 and its associated regulations mandate that importers provide accurate information regarding the goods they intend to bring into Australia, and failure to comply with these requirements could lead to legal consequences.
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 31 do not explicitly state new offences or penalties within the text provided. However, breaches of the Customs Act 1901, including non-compliance with the Regulations, could result in civil or criminal penalties. Under the Customs Act, contravening the regulations may lead to fines, imprisonment, or both. The exact penalties would depend on the specific breach and could be substantial, as outlined in the main Act. Importers must ensure that they adhere to the requirements to avoid any potential legal repercussions.