Customs (Prohibited Imports) Regulations (Amendment)

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Legislation au F1996B03768 Regulations Not in force Legislative Instrument

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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Standard” to the Wool Industry Act 1972, which originally established the Australian Wool Corporation, as this Act has been replaced by the Wool Marketing Act 1987; and (b) omitting the double year citation which currently appears in relation to the Customs Act 1901 in the definition of “the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.

Overview

The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 No. 177 were enacted to update the Customs (Prohibited Imports) Regulations by amending references to Ministers and Departments of State to reflect the current Ministerial structure of the Government, updating references to the Australian Atomic Energy Commission to the Australian Nuclear Science and Technology Organisation, and eliminating the double year citation of Acts. This legislation was issued by the authority of the Minister of State for Science, Customs and Small Business and aims to ensure the continued relevance and accuracy of the Customs (Prohibited Imports) Regulations. Additionally, these Statutory Rules transfer the control on opium pipes from the First Schedule to the Second Schedule, providing the Minister with flexibility to grant permission for the importation of opium pipes under specified conditions or requirements. The problem these amendments address is the need to keep the Customs (Prohibited Imports) Regulations up to date with changes in the Ministerial structure and the elimination of double year citations of Acts. By amending the references to Ministers and Departments of State, the Customs (Prohibited Imports) Regulations will remain relevant and accurate in reflecting the current structure of the Government. The transfer of control on opium pipes from the First Schedule to the Second Schedule also provides the Minister with flexibility to grant permission for the importation of opium pipes under specified conditions or requirements. This change aims to facilitate the importation of opium pipes with particular historical value or significance, or those classified as antiques or collector's items.

Scope and Application

The 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, pertain to the amendment of the Customs (Prohibited Imports) Regulations to update references to various Ministers, Departments of State, and entities to reflect the current administrative arrangements and legislative changes. This includes updating references to the Australian Nuclear Science and Technology Organisation in place of the Australian Atomic Energy Commission, as well as removing double year citations of Acts, as stipulated by section 6 of the Acts Citation Act 1976. The regulations also modify the control on opium pipes, transferring them from the First Schedule to the Second Schedule, thereby allowing for conditional importation based on historical value, significance, or classification as antiques or collectors' items. These amendments apply across the Commonwealth of Australia and are intended to ensure the Customs (Prohibited Imports) Regulations align with current governmental structures and legislative frameworks, while providing the Minister with the necessary flexibility to manage specific importation cases under the updated regime.

Key Provisions

The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1988 (No. 177) primarily serve to update and modernise the references within the Customs (Prohibited Imports) Regulations to reflect changes in government structures, departmental titles, and legislative references. Regulation 1 identifies the Customs (Prohibited Imports) Regulations as the "Principal Regulations" for the purposes of these statutory rules. Regulation 2 modifies the interpretation section by removing outdated references to the Wool Industry Act 1972 and the double year citation for the Customs Act 1901. Regulations 3, 4, 8, and Schedule 2 update references to the Department of Health and the Minister of State for Health to reflect the current Department of Community Services and Health and the corresponding ministerial title. Regulation 5 removes the absolute prohibition on the importation of opium pipes by transferring item 25 from the First Schedule to the Second Schedule, enabling the Minister to grant permission for such imports under specified conditions or requirements. Regulation 7 updates references in the Third Schedule to reflect the new titles for the Minister of State for Primary Industry and the Executive Director of the Australian Nuclear Science and Technology Organisation. Regulation 9 ensures that the amendments set out in Schedules 1 and 2 are incorporated into the Customs (Prohibited Imports) Regulations. The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules impose several obligations and requirements on the parties and entities governed by the Act. These include updating references to reflect current government and departmental titles, removing outdated legislative citations, and providing the Minister with the flexibility to grant permissions for the importation of opium pipes under specified conditions. The amendments require compliance with the updated references and the new control regime for opium pipes, ensuring that all parties are aware of and adhere to the current legal framework. The Statutory Rules do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, it is reasonable to infer that any non-compliance with the updated regulations, including unauthorised imports of controlled items or failure to adhere to specified conditions for opium pipes, could lead to enforcement actions under existing customs laws. Such actions may include fines, confiscation of goods, or other penalties as prescribed under the broader Customs Act 1901 and related legislation. The precise penalties would depend on the nature and severity of the breach, in line with the applicable legal provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.