Commonwealth Numbered Regulations - Explanatory Statements

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


CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2000 (NO. 5) 2000 NO. 214

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 214

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 5)

Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.

Section 50 of 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 PI 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 the PI Regulations to

*       prohibit the importation of toothfish specified in new regulation 4BA and Schedule 3A and

*       modify the prohibition on the importation of two substances in Schedule 4 when occurring naturally as a component of the herb tribulus terrestris.

Items 2 and 3 of the Regulations insert new regulation 4BA and new Schedule 3A, to prohibit the importation of two species of fish commonly known as Patagonian toothfish and Antarctic toothfish, unless the permission in writing of the Minister administering the Fisheries Administration Act 1991 or an authorised person is obtained and presented to the Collector. Proposed item 1 amends regulation 4B Importation of fish, to exclude its application to the importation of toothfish, being the goods specified in new regulation 4BA and new. Schedule 3A.

These amendments to the PI Regulations are designed to implement the outcome of the Commission for the Conservation of Antarctic Marine Living Resources as it applies to these toothfish in sub-Antarctic waters. The Australian Fisheries Management Authority (AFMA) will be responsible for administering the provision of permissions for importation of toothfish.

Item 4 of the Regulations amends items 102 and 103 of Schedule 4 Drugs, by modifying the prohibition on the importation of the substances Harmaline, item 102 and Harmine, item 103, where they occur naturally as a component of the herb tribilus terrestris. Both harmaline and harmine are controlled substances and are currently prohibited imports.

The herb tribilus terrestris contains trace elements of harmaline and harmine and is approved for use in non-prescription medicines by the Therapeutic Goods Administration (TGA). There are currently 67 products containing the herb listed in the Australian Register of Therapeutic Goods for supply as complementary medicines.

The substances harmaline and harmine are not covered by the requirements of the United Nations Conventions controlling narcotic drugs, psychotropic substances or precursor chemicals. In these circumstances it is to remove the import control on harmaline and harmine when it occurs naturally as a component of tribilus terrestris.

The regulations commenced on gazettal.


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