Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2003 (NO. 8) 2003 NO. 253

EXPLANATORY STATEMENT

STATUTORY RULES 2003 NO. 253

Issued by the authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2003 (No. 8)

Subsection 270(1) of the Customs Act 1901 (the Act) provides 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 or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to Customs.

The purpose of the proposed Regulations is to facilitate the importation of certain goods owned by a defence force of a foreign country invited to participate in a defence-sanctioned activity hosted by the Australian Defence Force or the Department of Defence, such as a combat marksmanship competition or defence training exercise.

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 various goods. The Principal Regulations either prohibit importation of specified goods absolutely, or make importation subject to the permission of a Minister or an authorised person.

Part 1 of Schedule 6 of the Principal Regulations prescribes a range of tests against which the importation of firearms or firearms accessories may be measured to determine whether importation may be permitted.

The Australian Army intends hosting an international combat marksmanship competition in November 2003 aimed to improve the skills of personnel in the use of small arms, and to which a number of foreign defence forces are invited. Presently, none of the importation tests contained in the Principal Regulations specifically provide for the participation of foreign defence forces in these types of activities.

To resolve the impediments faced by foreign defence forces, the proposed Regulations would insert an additional "specified purposes test" into Part 1, Schedule 6 of the Principal Regulations. The "specified purposes test" contains a list of defined circumstances for the importation of firearms, firearm parts, firearm accessories, firearm magazines and ammunition.

The proposed Regulations would allow a foreign defence force invited to participate in a defence-sanctioned activity to import articles for the purpose of that activity provided that the articles are owned by that defence force and are imported by either that defence force or a member of that defence force to whom the articles have been issued.

The proposed Regulations would define a "defence-sanctioned activity" as an activity which is approved by a Service Chief of the Australian Defence Force or a Deputy Secretary of the Department of Defence.

To ensure that the articles imported will be exported after the defence-sanctioned activity, the proposed Regulations would also operate to ensure that the foreign defence force seek, from the Minister for Defence (or other person authorised), a statement that an export licence or permission will be granted under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, if an export permission has not already been obtained at the time of seeking import permission.

Details of the proposed amendments are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The proposed amendments to the Regulations would commence on gazettal.

Statutory Rule Draft No:

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 2003 (No. 8)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 2003 (No. 8).

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 Customs (Prohibited Imports) Regulations 1956 to be amended as set out in Schedule 1.

Schedule 1 Amendments

Item 1 - Schedule 6, Part 1, subparagraph 2.2(e)(ii)

Item 1 omits the word `article.' and inserts the words `article; or' for the purposes of adding another clause to the specified purposes test.

Item 2 - Schedule 6, Part 1, after paragraph 2.2(e)

Item 2 inserts the new purpose to the specified purposes test for which firearm articles can be imported provided the circumstances listed are satisfied.

The new purpose prescribes that a foreign defence force seeking to participate in a defence-sanctioned activity may import articles for the purpose of that activity provided the articles are owned by that defence force and are imported by either that defence force or a member of that defence force to whom the articles have been issued. Only those foreign defence forces invited to participate in the defence-sanctioned activity will be considered for import permission.

To ensure that the articles imported will be exported on close of the defence-sanctioned activity, the new purpose also requires that the foreign defence force seek, from the Minister for Defence (or other person authorised), a statement that an export licence or permission will be granted under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, if an export permission has not already been obtained at the time of seeking import permission.

Item 3 - Schedule 6, Part 4, after item 7

Item 3 inserts a definition of "defence-sanctioned activity" into the definitions part of Schedule 6.

A "defence-sanctioned activity" is defined to mean an activity approved by a Service Chief of the Australian Defence Force or a Deputy Secretary of the Department of Defence.


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