Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 5) 1999 NO. 249

STATUTORY RULES 1999 NO. 249

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 5)

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.

(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 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 a specified person.

The purpose of the regulation is to amend controls on the importation of the substance Saxitoxin (proposed item 1 of Schedule 1).

The Government is committed to fulfilling Australia's obligations under the Chemical Weapon Convention ("CWC"). The CWC is an international security treaty banning the development, production, possession or use of chemical weapons. Saxitoxin is presently listed as Item 7, Part 2 of Schedule 11 of the Regulations and as such is subject to a 37 day advance notification period. Permission to import must not be given unless the importation advance notification period presently applying in Regulation 5J. The amendment proposes that the 37 day advance notice will not apply in respect of the importation of saxitoxin in quantities of 5mg or less providing it is for medical or diagnostic purposes only.

Saxitoxin is used in minute quantities in calibration devices for monitoring water for natural occurrences of this toxin arising from algal blooms or outbreaks of paralytic shellfish poisoning. Paralytic shellfish poisoning is a significant public health threat and the need to access this substance for medical /diagnostic uses is the reason for the change in the CWC.

Controls on the importation of saxitoxin are the policy responsibility of the Minister for Foreign Affairs or an authorised person.

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 5)

Regulation 1 Name of regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 5).

Regulation 2 - Commencement

Regulation 2 provides for these regulations to commence on gazettal.

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

Regulation 3 provides that the Regulations are amended as set out in Schedule 1.

Schedule 1 - Amendments

Item 1 of Schedule 1 - New regulation 5J(2C) - Importation of goods containing certain chemical compounds.

Item 1 of Schedule 1 inserts a new regulation 5J(2C) into the Regulations.

The regulation provides for the amendment of controls on the importation of the substance Saxitoxin.

Saxitoxin is presently listed as Item 7, Part 2 of Schedule 11 of the Regulations and as such is subject to a 37 day advance notification period presently applying in Regulation 5 (subregulation 5(1), (2) and (2A)).

Permission to import must not be given unless the importation is notified within this period (subregulation 5J(2B)).

Saxitoxin has been identified as suitable for exclusion from the current 37 day advance notification period. The amendment proposes that the 37 day advance notice will not apply in respect of the importation of saxitoxin in quantities of 5mg or less (proposed subregulation 5J(2C)(a)).

The exclusion applies only if the import is for medical or diagnostic purposes (proposed subregulation 5J(2C)(b)).

The importation must not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11 of the regulations.

Saxitoxin is used in minute quantities in calibration devices for monitoring water for natural occurrences of this toxin arising from algal blooms or outbreaks of paralytic shellfish poisoning. Paralytic shellfish poisoning is a significant public health threat and the need to access this substance for medical /diagnostic uses is the reason for the change in the CWC.

The new controls are not proposed as an absolute permission to import as there are limited circumstances where the importation of such substance is necessary. The limited permission applies where a genuine medical or diagnostic purpose is identified.