Rural Industries Research and Development Corporation Amendment Regulations 2003 (No. 2)

Overview

The Customs Amendment Regulations 2003 (No. 1) were introduced to address the need for aligning the importation and exportation controls of human embryos and viable material derived from human embryo clones with the provisions of the Prohibition of Human Cloning Act 2002. Enacted by the Minister for Justice and Customs, these regulations amend the Customs Act 1901 to ensure that human embryos and related materials are classified as tier 2 goods, thereby subjecting their importation and exportation to the stringent penalties outlined in section 233BAB of the Act. This alignment reflects the policy objective of enforcing the prohibitions on human cloning activities as stipulated by the Prohibition of Human Cloning Act, thereby ensuring compliance with both national and international standards regarding bioethical and biosecurity measures.

Scope and Application

The Customs Amendment Regulations 2003 (No. 1) amend the Customs Regulations 1926 under the authority granted by the Customs Act 1901. The Regulations specifically target the importation and exportation of human embryos and viable material derived from human embryo clones, aligning with the provisions of the Prohibition of Human Cloning Act 2002. By designating these items as tier 2 goods, the Regulations impose strict prohibitions and penalties for their import and export. This amendment applies nationally across Australia, affecting entities and individuals involved in the transportation of such materials. Notably, these Regulations do not specify exclusions or exemptions, thereby applying broadly to all cases unless otherwise regulated. The amendments extend the application of the Act through subordinate instruments, which is evidenced by the reference to the Customs (Prohibited Exports) Regulations 1958 and the Customs (Prohibited Imports) Regulations 1956. The Regulations will remain in effect until the specified period under regulation 7 of the PE Regulations elapses.

Key Provisions

The Customs Amendment Regulations 2003 (No. 1) introduce specific provisions under the Customs Act 1901, primarily by classifying certain goods as tier 2 goods. Specifically, Section 233BAB of the Act allows for regulations to designate particular goods as tier 2 goods, which are subject to restrictions on importation and exportation. These regulations are designed to align with other legislative measures, such as the Prohibition of Human Cloning Act 2002. The primary operative section here is Section 233BAB, which outlines the framework for classifying and regulating tier 2 goods. Under these Regulations, human embryos and viable material derived from human embryo clones are classified as tier 2 goods. This classification is intended to prevent the importation and exportation of these items, aligning with the prohibitions set out in the Prohibition of Human Cloning Act 2002. The term 'human embryo' and 'human embryo clone' are defined according to Section 8 of the Prohibition of Human Cloning Act, and 'viable material' is defined as living tissue and cells. These definitions ensure that the scope of the Regulations is clear and consistent with other legislative requirements. The Customs Amendment Regulations 2003 (No. 1) impose obligations on parties involved in the importation and exportation of human embryos and viable material derived from human embryo clones. These obligations include compliance with the newly designated tier 2 status, which effectively prohibits the movement of these goods across Australian borders. The Regulations also ensure that any attempt to import or export these goods will be met with legal consequences, as outlined in the Customs Act 1901. The Regulations are designed to support the broader legislative intent to prevent activities related to human cloning by restricting the movement of related materials. Breaches of the provisions outlined in the Customs Amendment Regulations 2003 (No. 1) carry significant legal consequences. Importing or exporting human embryos and viable material derived from human embryo clones, as designated under the new tier 2 classification, constitutes an offence under Section 233BAB of the Customs Act 1901. Such offences are punishable by a fine not exceeding $250,000, imprisonment for up to 10 years, or both. These penalties reflect the seriousness of attempting to circumvent the legislative restrictions on human cloning activities and ensure compliance with the national and international legal framework.