Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2003 (NO. 4) 2003 NO. 54

STATUTORY RULES 2003 No. 54

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2003 (No. 4)

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 the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Imports) Regulations 1956 (the principal Regulations) control the importation of the goods specified in the various regulations and the Schedules to the Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

In particular, regulation 4U of the principal Regulations prohibits the importation of goods listed in Schedule 12 to the principal Regulations, unless permission in writing is given by the relevant Minister to import the goods. Schedule 12 sets out the goods which are subject to a permanent ban imposed under the Trade Practices Act 1975 (the TP Act).

The purpose of the amending Regulations is to prohibit the importation of candles with wicks that contain greater than 0.06% lead by weight, and candle wicks that contain greater than 0.06% lead by weight.

These particular goods are subject to a permanent ban imposed on 30 October 2002 under the TP Act. The ban followed an earlier declaration published on 28 March 2001 under the TP Act, declaring these goods to be unsafe goods which will or may injure a person.

The amending Regulations inserted these goods into Schedule 12 to the principal Regulations, so that these goods can only be imported with the permission of the Minister administering Part V of the TP Act.

The amending Regulations commenced on gazettal.