Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 217

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 217

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 4)

Section 50 of the Customs Act 1901 ("the Act") 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.

The Customs (Prohibited Imports) Regulations 1956 ("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 an authorised person.

The purpose of the regulations is to amend regulation 3A to facilitate the importation of goods owned by a specified defence force (item 2 of Schedule 1) and to make a minor technical amendment to correct terminology (item 1 of Schedule 1).

These regulations introduce additional defence forces that are permitted to import certain goods, weapons and warfare items, otherwise prohibited or restricted under the Prohibited Imports regulations.

This will allow any country participating in the multinational force established under United Nations Security Council Resolution 1264 (1999) to import the specified goods into Australia.

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 4)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 4).

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956

Regulation 3 provides for the Regulation to be amended as set out in Schedule 1.

Schedule 1 - Amendment

Item 2 of Schedule 1 - amendment of regulation 3A, criteria for the purposes of provisions of regulation 4 and 4F relating to defence forces of certain overseas countries.

Item 2 of Schedule 1 provides for additional defence forces that are permitted to import certain goods, weapons and warfare items, otherwise prohibited or restricted by Prohibited Imports Regulations.

This will allow any country participating in the multinational force established under United Nations Security Council Resolution 1264 (1999) to import the specified goods into Australia.

Item 1 of Schedule 1 - amendment of terminology used in regulation 3A, criteria for the purposes of provisions of regulation 4 and 4F relating to defence forces of certain overseas countries.

Item 1 of Schedule 1 amends sub-paragraph 3A(a)(xiv) by omitting the word "and" to indicate that a new sub-paragraph is being added.


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