EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 5

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2007 (No. 1)

 

Subsection 270(1) 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 purpose of the amending Regulations is to amend the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) to implement sanctions against Iran imposed by United Nations Security Council Resolution 1737 (2006) which was adopted on 23 December 2006 (the Resolution).

The Resolution provides, in part, that all Member States shall prevent the procurement by their nationals of any of the items specified in Security Council documents S/2006/814 and S/2006/815. The items in these documents relate to nuclear programmes and to ballistic missile programmes, respectively.

The amending Regulations inserts new regulation 4Z into the Principal Regulations to prohibit the importation from Iran of goods that are items, materials, equipment, goods or technology listed in Security Council documents S/2006/814 and S/2006/815 unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

The Foreign Minister may authorise an employee of the Department of Foreign Affairs and Trade to be an authorised person for the purposes of the proposed Regulations.

The Foreign Minister or an authorised person, in deciding whether to grant a permission to import, must take into account Australia's relations with other countries and Australia's obligations under international law.

The Foreign Minister or an authorised person may also include conditions and other requirements in a permission and the Foreign Minister may revoke or modify a permission in certain circumstances.

No consultation was undertaken specifically in relation to either of the amendments as they implement Australia’s international obligations under the Resolution.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

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