Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 256
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 256
Issued by the Authority of the Minister for Science and Small Business
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) 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.
Background
By Statutory Rules 1993 No. 211, Schedule 8 to the Regulations was amended to broaden the import controls on substances having an indirect anabolic and androgenic effect and growth hormone substances. Item 3A of Schedule 8 was omitted and substituted by new Items 3A and 3B.
During this process, the reference to anabolic and androgenic substances in the previous Item 3A was inadvertently omitted from the new Items 3A and 3B. These substances are not covered by the substances that were substituted as the new Items and therefore need to be provided for separately in Schedule 8.
Regulation 3 will insert anabolic and androgenic substances into Schedule 8 to the Regulations as Item 3C.
The opportunity has also been taken to change a reference to the Department to the "Department of Health, Housing, Local Government and Community Services" (regulation 2 refers) to reflect the new Administrative Arrangements.
The Regulations will commence on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 256, issued by the Authority of the Minister for Science and Small Business, was enacted to address an oversight in the Customs (Prohibited Imports) Regulations that inadvertently omitted the reference to anabolic and androgenic substances in the regulations' import control provisions. This amendment aims to rectify this omission by specifically including these substances within the regulatory framework, ensuring they are subject to the appropriate import controls. The amendment also updates references to the relevant department to reflect the current administrative arrangements, thereby maintaining the accuracy and relevance of the regulatory text.
The Customs Act 1901 empowers the Governor-General to prohibit the importation of goods into Australia, and the Customs (Prohibited Imports) Regulations provide the necessary details and conditions for such prohibitions. This amendment to the regulations is intended to ensure that the prohibitions and conditions outlined in the Act are effectively and accurately applied to all relevant substances, thereby maintaining the integrity of Australia's import control mechanisms.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 256 amends the Customs (Prohibited Imports) Regulations to correct an oversight in the previous amendments made by Statutory Rules 1993 No. 211. The amendment specifically addresses the inadvertent omission of anabolic and androgenic substances from the new items in Schedule 8 of the Regulations. These substances, which have an indirect anabolic and androgenic effect and include growth hormone substances, are now re-introduced into the Schedule as Item 3C. The Regulations apply to any person or entity attempting to import the specified substances into Australia, thereby controlling the import of these goods and ensuring they comply with the necessary permissions or prohibitions. The amendment also updates the reference to the relevant government department to reflect the current Administrative Arrangements, ensuring that the regulatory framework remains accurate and aligned with the latest departmental structures. These Regulations, which will commence upon gazettal, extend the scope of the Customs Act 1901 by detailing specific substances and conditions that govern their importation, thereby reinforcing Australia's regulatory control over such imports.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1993 No. 256 primarily targets the amendment of Schedule 8 to the Customs (Prohibited Imports) Regulations. This amendment seeks to correct an oversight in the previous Statutory Rules 1993 No. 211, where the reference to anabolic and androgenic substances was inadvertently omitted from the new Items 3A and 3B. Regulation 3 of the present amendment introduces a new Item 3C into Schedule 8, explicitly including anabolic and androgenic substances within the ambit of prohibited imports. This ensures that these substances are subject to the same stringent controls as other growth hormone substances and related items.
The Regulations impose clear obligations on importers and relevant authorities. Importers must ensure that they comply with the conditions set forth in the Regulations, which include obtaining necessary permits or approvals where required. The Customs Act 1901, particularly section 50(1), empowers the Governor-General to prohibit the importation of goods into Australia, and the Regulations operationalise this by specifying the conditions and restrictions that must be adhered to. Authorities, including the Department of Health, Housing, Local Government and Community Services, are tasked with enforcing these regulations and ensuring compliance through the issuance of necessary permits or refusals.
In terms of breaches and consequences, the Regulations do not explicitly outline specific offences or penalties within the explanatory statement. However, it is implied that non-compliance with the Regulations could result in the prohibition of goods entering Australia and potential enforcement actions. The Customs Act 1901 generally provides for various penalties for breaches of customs regulations, which could include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply.