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.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1990 No. 467 were enacted to amend the existing Customs (Prohibited Imports) Regulations under the Customs Act 1901, issued by the authority of the Minister of State for Small Business and Customs. The primary aim of this amendment was to address outdated standards and to remove unnecessary prohibitions on the importation of certain goods. The Customs Act 1901 empowers the Governor-General to prohibit the importation of goods into Australia, and the Regulations enforce this by either prohibiting importation outright or subjecting it to specific conditions or permissions. In this particular amendment, the policy objective was to update regulatory standards and to lift the prohibition on the importation of certain seeds deemed unnecessary following consultation with relevant stakeholders.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1990 No. 467 amends the Customs (Prohibited Imports) Regulations to update standards for the importation of woolpacks and woolpack caps and to remove the prohibition on the importation of certain seeds. The Regulations apply to all persons and entities seeking to import goods into Australia that are subject to the provisions of the Customs Act 1901 and the Customs (Prohibited Imports) Regulations. The Regulations have a national jurisdictional reach as they are made under the authority of the Commonwealth of Australia. The Regulations are updated to reflect new standards for woolpacks and woolpack caps and to remove the prohibition on certain seeds, reflecting changes in risk assessments and industry advice. The Regulations are subject to further amendment through subordinate instruments as necessary to reflect changes in standards, risks, or industry advice.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1990 No. 467, issued under the authority of the Minister for Small Business and Customs, amend the existing regulations concerning the importation of certain goods into Australia. Under section 50 of the Customs Act 1901, the Governor-General is empowered to prohibit the importation of goods into Australia, either absolutely or conditionally, as prescribed by regulation. This power is exercised through the Customs (Prohibited Imports) Regulations, which specify the goods that are subject to these restrictions.
The primary amendment in these regulations pertains to the standards for woolpacks and woolpack caps (Regulation 4K). Previously, the importation of these items was prohibited unless the Minister or an authorised person granted permission, or the goods were certified as conforming to the standards set by the relevant corporation. Regulation 2 updates these standards by removing the reference to the old standards published on 24 May 1985 and substituting them with the new standards published on 27 July 1990. This change ensures that the regulatory framework remains current and effective in governing the importation of woolpacks and woolpack caps.
Additionally, the regulations address the importation of certain seeds. Specifically, Regulation 3 removes the prohibition on the importation of seeds from coarse grains such as barley, oats, triticale, and rye. This change follows consultation with states and industry, which determined that the risk of introducing unsuited grains for bread making into Australia is acceptably low. Consequently, the previous control mechanism, which required ministerial permission for importation, has been deemed unnecessary and has been omitted.
The obligations imposed by these regulations require importers to ensure compliance with the updated standards for woolpacks and woolpack caps, as well as to be aware of the removal of restrictions on the importation of certain seeds. Importers must obtain necessary permissions or certifications as stipulated in the regulations, particularly for woolpacks and woolpack caps, to avoid contravening the provisions.
Failure to comply with the Customs (Prohibited Imports) Regulations can result in legal consequences. Importers who do not adhere to the specified conditions or restrictions may face penalties. While the specific penalties are not detailed in the provided text, it is understood that breaches of customs regulations can lead to civil or criminal sanctions, including fines and potential seizure of the prohibited goods. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Customs Act 1901 and any associated legislative instruments.