EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 354
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
The purpose of the regulations is to insert new sub-regulations into Regulation 4Q of the Customs (Prohibited Imports) Regulations to expand the existing controls in the regulations to also cover goods of South African origin and to extend the range of goods in Schedule 7A to defined agricultural products, coal, iron and steel in line with announced Government decisions.
The regulations provide as follows:
• regulation 1 provides that the Regulations shall come into effect on 1 June 1987. This day has been selected as a suitable day close to the Government’s announced operation of the prohibition 180 days after commencement.
• regulation 2 is formal.
• regulation 3 amends Regulation 4Q of the Regulations by providing that the importation of goods specified in Schedule 7A from South Africa, or the importation from a country other than South Africa of goods specified in Schedule 7A of South African origin, is prohibited except where permission is granted for such importation by the Minister for Foreign Affairs or a person authorized by him or her (sub-regulation 2).
• sub-regulation(3) provides that a reference to the Customs Tariff Act 1982 in items 12, 13 or 14 in Schedule 7A is a reference to that Act as in force from time to time.
• sub-regulation(4) provides that a reference to goods within items 12, 13 or 14 in Schedule 7A shall be read as including a reference to goods in a sub-item, paragraph or sub-paragraph in that item.
• sub-regulation(5) defines “South Africa” as meaning the “Republic of South Africa” Regulation 4 amends Schedule 7A to include in that Schedule:
• goods, being all agricultural products falling within items in Division 1, 2, 3 or 4 of Schedule 3 to the Customs Tariff Act 1982.
• goods being coal or another fuel falling within items 27.01 to 27.04 inclusive in Chapter 27 of Schedule 3 to the Customs Tariff Act 1982.
• goods being iron and steel and articles thereof falling within item 73.01 or any of items 73.03 to 73.18 inclusive in Chapter 73 of Schedule 3 to the Customs Tariff Act 1982.
• and remakes the heading to the Schedule to extend’ the controls in that schedule to include goods of South African origin, imported from a country other than South Africa.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 354 were enacted to address the gap in existing customs regulations concerning the importation of specific goods from South Africa. Issued by the authority of the Minister of State for Industry, Technology and Commerce, these regulations aim to align with the Government’s decisions by expanding the scope of prohibited imports to include goods of South African origin. The policy objective is to provide enhanced control over the importation of certain agricultural products, coal, iron, and steel originating from South Africa, ensuring compliance with the broader strategic trade policies of the Government. The regulations came into effect on 1 June 1987, providing a window of 180 days from the announcement of the prohibition, thereby allowing stakeholders to adjust to the new regulatory environment.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 354, issued under the authority of the Minister of State for Industry, Technology and Commerce, applies to the prohibition of the importation of specified goods from South Africa or of South African origin from any other country. The regulations amend the existing controls to include these goods and expand the range of goods covered in Schedule 7A to include defined agricultural products, coal, iron, and steel, in accordance with announced government decisions. These regulations extend to the entire Commonwealth of Australia and apply to any person or entity attempting to import the specified goods without the necessary permission from the Minister for Foreign Affairs or an authorized person. The regulations came into effect on 1 June 1987, with the prohibition coming into operation 180 days after this date. The regulations allow for further specification of the goods subject to the prohibition through subordinate instruments, thereby offering flexibility in the application of the prohibition as the situation may require.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 354, issued by the Minister of State for Industry, Technology and Commerce, introduce amendments aimed at expanding existing prohibitions on certain imports. Regulation 3 of these regulations specifically targets the importation of goods from South Africa or of South African origin, irrespective of the country of transit, by amending Regulation 4Q of the Customs (Prohibited Imports) Regulations. This prohibition applies to goods listed in Schedule 7A and only allows for such imports if expressly permitted by the Minister for Foreign Affairs or an authorised person (sub-regulation 3(2)). The amendment is set to take effect on 1 June 1987, a date chosen to align with the government's timeline for implementing the prohibition (regulation 1).
The obligations under these regulations are straightforward but significant for importers and customs officials. Importers are required to ensure that any goods listed in Schedule 7A, whether originating from South Africa or not, do not enter Australia without the necessary permission from the Minister for Foreign Affairs or an authorised representative. This permission is crucial for compliance and avoidance of legal repercussions. Additionally, the regulations mandate that references to the Customs Tariff Act 1982 within items 12, 13, or 14 of Schedule 7A be interpreted as referring to that Act as it is in force at any given time (sub-regulation 3(3)). Furthermore, any reference to goods within these items must include goods specified in any sub-item, paragraph, or sub-paragraph within that item (sub-regulation 3(4)).
Schedule 7A, as amended by Regulation 4, now includes a broader range of goods subject to the prohibition. Specifically, it encompasses all agricultural products falling within certain divisions of Schedule 3 to the Customs Tariff Act 1982, coal or other fuels specified in Chapter 27 of that schedule, and iron and steel items listed in Chapter 73. The heading of Schedule 7A has also been updated to reflect the expanded scope of goods of South African origin that are now subject to the prohibition. These amendments ensure that the prohibition applies comprehensively to the newly defined categories of goods, thereby enforcing the government's policy decisions more rigorously.
Failure to comply with these regulations can result in serious legal consequences. While the specific penalties for breach are not detailed in the regulations, they generally involve potential criminal charges, fines, or both, depending on the severity and intent of the breach. Importers found to be in violation of these prohibitions could face substantial penalties, including imprisonment, highlighting the importance of adherence to the regulations. The precise legal ramifications would be determined in the context of each case, but the overarching message is clear: non-compliance will be met with stringent enforcement actions.