EXPLANATORY STATEMENT
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1988 NO. 177
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS
These Statutory Rules effect certain technical amendments to the Customs (Prohibited Imports) Regulations by updating the references to:
(i) Ministers and Departments of State to reflect the Ministerial structure of the Government set out in the Administrative Arrangements ordered by the Governor-General on 24 July 1987 and more recently on 3 March 1988;
(ii) the Australian Atomic Energy Commission which is now the Australian Nuclear Science and Technology Organisation; and
(iii) eliminating the double year citation of Acts, as provided for in section 6 of the Acts Citation Act 1976.
In addition, these Statutory Rules transfer the control on opium pipes from the First Schedule to the Second Schedule. This will allow the Minister the flexibility to grant permission, subject to specified conditions or requirements, if desired, for the importation of opium pipes. It is anticipated such a control regime might be used to allow the importation of opium pipes which have particular historical value or significance or are classified as antiques or Collector’s items.
Details of the regulations are as follows:
Regulation 1: is a machinery provision which defines the Customs (Prohibited Imports) Regulations as the “Principal Regulations” for the purposes of these Statutory Rules.
Regulation 2: amends the interpretation section of the Customs (Prohibited Imports) Regulations by (a) deleting the reference in the definition of “Australian Wool Corporation Standard” to the Wool Industry Act 1972, which originally established the Australian Wool Corporation, as this Act has been replaced by the Wool Marketing Act 1987; and (b) omitting the double year citation which currently appears in relation to the Customs Act 1901 in the definition of “the Act”.
Regulations 3, 4, 8 and Schedule 2: amend references in Regulations 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H and the Eighth Schedule of the Customs (Prohibited Imports) Regulations to the Department of Health or Minister of State for Health by substituting references to the Department of Community Services and Health and Minister of State for Community Services and Health.
These amendments take account of the new Administrative Arrangements ordered by the Governor-General on 24 July 1987 and more recently on 3 March 1988.
Regulation 5: amends the First Schedule to the Customs (Prohibited Imports) Regulations by omitting item 25 ie. “Pipes for use in opium smoking and all parts of and accessories to such pipes”. There will no longer be an absolute prohibition on the importation of opium pipes. However, Regulation 6 provides that this item is inserted in the Second Schedule.
Item 25 of the First Schedule was introduced in 1927 to complement the absolute prohibition which then existed on “opium prepared for smoking”. In 1974, the control of opium was transferred to Item 92 of the Fourth Schedule to the Customs (Prohibited Imports) Regulations, which allows the importation of opium provided the terms of Regulation 5 are satisfied. However, the opportunity was not taken at that time to scale down the absolute prohibition on opium pipes, parts and accessories. The proposed control regime will now allow the Minister for Science, Customs and Small Business flexibility to grant permission, subject to specified conditions or requirements, if desired, for the importation of opium pipes.
Such a control regime might then be used to allow opium pipes which have, for example, a particular historical value or significance, or are classified as antiques or collectors items, to be imported.
Regulation 7: amends the Third Schedule to the Customs (Prohibited Imports) Regulations by:
(a) updating the references in items 8A and 23A to the Minister of State for Primary Industry to reflect his new title of Minister of State for Primary Industries and Energy;
(b) eliminating the double year citation which currently exists in relation to the reference to the Quarantine Act 1908 in item 10; and
(c) replacing the current conditions, restrictions and requirements which appear in relation to item 23 with an updated version which reflects the fact that the Department of Health is now known as the Department of Community Services and Health; and the Executive Member of the Australian Atomic Energy Commission is now known as the Executive Director of the Australian Nuclear Science and Technology Organisation, as provided by the Australian Nuclear Science and Technology Organisation Act 1987.
Regulation 9: provides that the amendments set out in Schedules 1 and 2 of the proposed Statutory Rules are also to be incorporated in the Customs (Prohibited Imports) Regulations.
Schedule 1: provides that:
(i) the references to the Minister of State for Primary Industry in subregulations 4B(3) and 4K(1) and (5) are to be amended to read “Minister of State for Primary Industries and Energy”;
(ii) the references to the Department of Transport and the Minister of State for Transport in the definitions of “authorized officer” and “Minister” in subregulation 4L(7) are to be amended to read “Department of Transport and Communications” and “Minister of State for Transport and Communications” respectively;
(iii) the references to the Department of Aviation in subregulations 4N(1), (2), (3), (4), (5) and (6) are to be replaced with references to the Department of Transport and Communications;
(iv) the references to the Department of Communications and the Minister of State for Communications in the definitions of “authorized officer” and “Minister” in subregulation 4P(1) are to be amended to read “Department of Transport and Communications” and “Minister of State for Transport and Communications” respectively; and
(v) the double year citation which appears in subregulations 5G(5) and 5G(6) in relation to the Therapeutic Goods Act 1966 are to be deleted.