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CUSTOMS AMENDMENT REGULATIONS 2011 (NO. 5) (SLI NO 230 OF 2011)
Select Legislative Instrument 2011 No. 230
Issued by the Authority of the Minister for Home Affairs
Customs Act 1901
Customs Amendment Regulations 2011 (No. 5)
Section 270 of the Customs Act 1901 (the Customs Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Customs Act prescribing all matters which by the Customs Act are required or permitted to be prescribed.
Subsection 233BAB(1) of the Customs Act provides, in part, that the regulations may specify certain goods to be tier 2 goods. Subsection 233BAB(2) provides that only goods which are prohibited either absolutely or on condition from being imported the (Prohibited Imports) Regulations 1956 (the PI Regulations) can be tier 2 goods.
It is an offence under section 233BAB to import or export a tier 2 good without approval. The maximum penalty for such an offence is a fine not exceeding 2500 penalty units or imprisonment for 10 years or both.
Tier 2 goods are listed in Part 2 of Schedule 1AA to the Customs Regulations 1926 (the Principal Regulations). Several non-firearms weapons included in Schedule 2 to the PI Regulations are prescribed as tier 2 goods. The proposed Regulations would amend the Principal Regulations to update the list of tier 2 goods.
Subdivision GC of Division 1 of Part XII of the Customs Act sets out a regime under which permission to import prescribed prohibited imports can be granted after the goods have been imported. These goods are currently prescribed in regulation 170AA of the Principal Regulations and include several non-firearms weapons (Post Importation Weapons).
The amending Regulations would support amendments to the PI Regulations which are the subject of a separate Minute and which introduce a new regime in relation to the importation of non-firearms weapons. Those amendments remove certain weapons from the operation of regulation 4 and Schedule 2 to the PI Regulations and introduce a new regime relating to their importation. The amendments also introduce new import controls on parts for the weapons. This new regime is governed by new regulation 4H and new Schedule 13 to the PI Regulations. These weapons are set out in Part 2 of Schedule 13.
Tier 2 Weapons
Previously the tier 2 weapons that have moved to new Schedule 13 of the PI Regulations were prescribed as tier 2 Goods by reference to their item number in Schedule 2 to the PI Regulations. The amending Regulations prescribe the same goods by reference to their specification in Part 2 of new Schedule 13, therefore maintaining their status as Tier 2 goods.
In addition, the amending Regulations add parts for all the weapons to Schedule 1AA. Therefore parts for tier 2 weapons would also be tier 2 goods. The amending Regulations also add laser pointers to Schedule 1AA.
Post Importation Permission
Previously the weapons that were moved to new Schedule 13 were prescribed as post importation weapons by reference to their item number in Schedule 2. The amending Regulations prescribe the same goods by reference to their specification in Part 2 of new Schedule 13, therefore maintaining their post importation weapons status.
In addition, the amending Regulations prescribe parts for the all the weapons as Post Importation Weapons.
The amending Regulations commence on the day after they are registered on the Federal register of Legislative Instruments.
No consultation was undertaken in relation to the amending Regulations as they are minor and machinery in nature and do not substantially alter existing arrangements.