EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 467
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS
Section 50 of the Customs Act 1901 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 sub-section 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 specified person or Minister of State.
Background
i) Updating the standard referred to in Regulation 4K
Regulation 4K of the Regulations prohibits the importation of woolpacks and woolpack caps unless the permission of the Minister or an authorised person has been given, or unless the goods have been certified as conforming to the standards of the Corporation. New standards were published on 27 July 1990 which replaced the old standards published on 24 May 1985 which are combined in Regulation 4K.
Regulation 2 amends regulation 4K of the Regulations by deleting the reference to the Standards published on 24 May 1985, and substituting the new Standards published on 27 July 1990.
ii) Removal of the existing prohibition on the importation of certain seeds
Item 23A of the Third Schedule of the Regulations prohibits the importation of the seeds of the coarse grains plants barley, oats, triticale and rye, unless the permission of the Minister for Primary Industries and Energy (“the Minister”) has been obtained.
The Minister has advised that the control was imposed to ensure that varieties of coarse grains unsuited to bread making were not introduced into Australia. Following consultation, the States and industry have advised that the risk of the introduction of such grains is acceptably low and therefore the control is no longer necessary.
Regulation 3 implements the Minister’s request by omitting Item 23A from the Regulations.