Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 165

STATUTORY RULES 1999 NO. 165

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1)

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 subsection 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 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".

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 Minister or a specified person.

Purpose

The purpose of the regulations is to impose sanctions against Uniao Nacional para a Independencia Total de Angola ("UNITA") in accordance with United Nations Security Council ("UNSC") Resolution 1173 (1998).

In addition, the regulations contain a technical amendment that re-names the Regulations (item 1 of Schedule 1).

Background

UNITA is a rebel force currently engaged in armed conflict with the Government of Angola.

This Resolution prohibits import from Angola of all diamonds that are not controlled through the Certificate of Origin regime of the Government of Unity and National Reconciliation.

These Regulations prohibit the importation from Angola of unset diamonds unless the written permission of the Minister for Foreign Affairs or an authorised person is produced to a Collector at or before the time of importation.

The Regulations are explained in greater detail in the Attachment. These Regulations commence on gazettal.

ATTACHMENT

Regulation 1 - Name of regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 1)

Regulation 2 - Commencement

Regulation 2 provides for these regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations

Regulation 3 provides that the Customs (Prohibited Imports) Regulations ("the Regulations") are amended as set out in the Schedule.

Schedule 1 - Amendments

Item 1 of Schedule 1 - Regulation 1

Item 1 of Schedule 1 substitutes a new regulation 1 of the Regulations. New regulation 1 will rename the Regulations as the "Customs (Prohibited Imports) Regulations 1956".

Item 2 of Schedule 1 - After regulation 4K

Item 2 of Schedule 1 inserts a new regulation 4M into the Regulations.

New regulation 4M provides for the introduction of controls on the importation of unset diamonds from Angola. Importation of such diamonds will be prohibited unless a permission in writing to import the diamond has been given by the Minister for Foreign Affairs or an authorised person and the permission is produced to a Collector (new subregulation 4M(2)).

Unset diamonds are defined to mean those diamonds classified under heading 7102 of Schedule 3 to the Customs Tariff Act 1995 (new subregulation 4M(1)). Heading 7102 relates to diamonds that are not mounted or set. It is not intended to prohibit the importation of jewellery that contain diamonds.

The Minister or authorised person must take into account, when deciding whether to give permission, whether the diamonds are controlled through the Certificate of Origin system operated by the Government of Unity and National Reconciliation of Angola (new paragraph 4M(3)(a)). This is in accordance with the UNSC Resolution.

The Minister or authorised person must also taken into account Australia's relations with other countries and Australia's obligations under international law (new paragraphs 4M(3)(b) and (c)).

A permission may specify conditions or requirements to be complied with by the holder of the permission, the quantity of diamonds that may be imported and the circumstances in which the diamonds may be imported (new subregulation 4M(4)).

If the holder of a permission does not comply with a condition or requirement or is unlikely to comply with a condition or requirement the Minister may revoke or vary the permission. The Minister may also revoke or vary a permission if permitting or continuing to permit the importation of the diamonds would infringe the international obligations of Australia (new regulation 4M(5) .

If the holder of a permission does not comply with a condition or requirement the Minister may revoke the permission (new subregulation 4T(3)).