Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2000 (NO. 6) 2000 NO. 215

STATUTORY RULES 2000 No. 215

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 6)

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 permit the importation of drugs and antibiotics for the treatment of animals being imported into Australia.

Regulation 5 of the PI Regulations prohibits the importation of drugs into Australia, with exceptions. Item 2 of Schedule 1 inserts a new subregulation 5(2A) to insert a further exception. The prohibition will not apply where the drug is imported by a passenger on board a ship or aircraft for the medical treatment of an animal being imported and under the care of the passenger. The drug must also have been prescribed by a veterinarian for use of the animal and supplied in accordance with that prescription.

Regulation 5A of the PI Regulations prohibits the importation of antibiotic substances into Australia, with exceptions. Item 4 of Schedule 1 inserts new subregulation 5A(2A) to insert a further exception. The prohibition will not apply where the antibiotic is for the use of an animal being imported and under the care of a passenger on the same aircraft or ship and the amount imported does not exceed three months supply of the substance at maximum recommended dosage.

Item 5 of Schedule 1 amends regulation 5A of the PI Regulations to insert a further exception. The prohibition will also not apply to the importation of antibiotics where they are for use in the treatment of an imported animal that is under the care of a sporting group that is in Australia to participate in a national or international sporting event.

The amendments to the Regulations have been sought by the Parliamentary Secretary to the Minister for Health and Aged Care and, in particular, will assist Olympic and Paralympics teams and competitors importing animals for either use in competition or for personal use and facilitate their entry into Australia.

The regulations commenced on gazettal.