EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 245

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2007 (No. 3)

 

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

The purpose of the Regulations is to amend the Principal Regulations to:

·        amend the prohibition on the importation of rough diamonds from Liberia;

·        remove the prohibition on the importation of round logs and timber products from Liberia;

·        update the allowable levels of lead and other heavy metals specified for a number of goods imported into Australia so that the levels are consistent with the maximum acceptable levels specified in the Australian/New Zealand Standard: AS/NZS ISO 8124.3:2003 ‘Safety of toys, Part 3: Migration of certain elements’, published on 23 May 2003; and

·        remove the prohibition on the importation of marked fuels.

Details of the Regulations are outlined in the Attachment.

No consultation was undertaken specifically in relation to the amending Regulations as item 1 of Schedule 1 to the amending Regulations implements Australian’s international obligations and items 2, 3, 4 and 5 of Schedule 1 to the amending Regulations are of a minor or machinery nature and do not substantially alter existing arrangements.

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

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ATTACHMENT

DETAILS OF THE CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2007 (No. 3)

Regulation 1 - Name of Regulations

This regulation provides that the title of the Regulations is the Customs (Prohibited Imports) Amendment Regulations 2007 (No. 3).

Regulation 2 - Commencement

This regulation provides for the Regulations to commence on the day after they are registered.

Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956

This regulation provides that the Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) are amended as set out in Schedule 1 to the Regulations.

SCHEDULE 1 - AMENDMENTS

Item [1] - Regulations 4P and 4Q

This item amends the Principal Regulations by omitting regulations 4P and 4Q.

Regulation 4P of the Principal Regulations prohibits the importation absolutely of rough diamonds from Liberia whether or not the diamonds originate from Liberia. Regulation 4P was introduced to give effect to the ban imposed pursuant to Security Council Resolution 1521 (2003). The President of the Security Council announced on 27 April 2007 that this import ban had been lifted and consequently the import ban imposed by Australia is no longer necessary. The Regulations remove the prohibition on the importation of rough diamonds from Liberia by repealing regulation 4P of the Principal Regulations.

The importation of rough diamonds from Liberia is still prohibited under regulation 4MA of the Principal Regulations unless the relevant Kimberley Process Certificate is provided. The Kimberley Process Certificate Scheme is an international certification arrangement for rough diamonds adopted pursuant to the Interlaken Declaration of 5 November 2002. The scheme is intended to reduce the opportunity for conflict diamonds to play a role in fuelling armed conflict by excluding conflict diamonds from legitimate trade.

Regulation 4Q of the Principal Regulations prohibits the importation without permission of round logs and timber products from Liberia. This regulation was introduced to give effect to the ban imposed pursuant to Security Council Resolution 1521 (2003). The President of the Security Council announced on 20 June 2006 that this import ban would not be renewed and consequently the import ban imposed by Australia is no longer necessary. The Regulations remove the prohibition on the importation of round logs and timber products from Liberia by repealing regulation 4Q of the Principal Regulations.

Item [2] - Schedule 2, item 2

This item amends the Principal Regulations by substituting item 2 in Schedule 2.

Regulation 4 of the Principal Regulations prohibits the importation into Australia of goods specified in Schedule 2 unless permission of the Minister for Justice and Customs or an authorised person has been granted. Item 2 in Schedule 2 currently specifies toys or playthings coated with a material the non-volatile content of which contains lead and other heavy metals above levels specified by item 2.

New item 2 prohibits the importation into Australia, without permission, of toys coated with a material the non-volatile content of which contains lead and other heavy metals above levels specified by new item 2. New item 2 updates the amount of lead and other heavy metals allowed in the material that coats toys before permission to import the goods into Australia is required. New item 2 reduces the level of lead from 250mg/kg to 90mg/kg, arsenic from 100mg/kg to 25mg/kg, antimony from 100mg/kg to 60mg/kg, cadmium from 100mg/kg to 75mg/kg and chromium from 100mg/kg to 60mg/kg and increases the level of selenium from 100mg/kg to 500mg/kg, mercury from 10mg/kg to 60mg/kg and barium from 50mg/kg to 1000mg/kg.

The new levels of lead and other heavy metals reflect the levels published in the latest Australian/New Zealand Standard: AS/NZS ISO 8124.3:2003 ‘Safety of toys, Part 3: Migration of certain elements’, published on 23 May 2003.

New item 2 is intended to only cover toys being imported into Australia and is not intended to control the importation of playthings such as swing sets and bikes.

Item [3] - Schedule 2, items 6 and 7

This item amends the Principal Regulations by substituting items 6 and 7 in Schedule 2.

Items 6 and 7 of Schedule 2 currently specify, respectively, money boxes coated with a material that contains lead above levels specified by item 6 and pencils or paint brushes coated with a material the non-volatile content of which contains lead and other heavy metals above levels specified by item 7.

New item 6 updates the amount of lead that can be contained in the material that coats money boxes and new item 7 updates the amount of lead and other heavy metals that can be contained in the material that coats pencils and paint brushes before permission is required to import these goods into Australia.

The new levels of lead and other heavy metals specified in new items 6 and 7 reflect the levels of lead and other heavy metals published in the latest Australian/New Zealand Standard: AS/NZS ISO 8124.3:2003 ‘Safety of toys, Part 3: Migration of certain elements’, published on 23 May 2003.

Item [4] - Schedule 2, item 34

This item amends the Principal Regulations by substituting item 34 in Schedule 2.

Item 34 of Schedule 2 currently prohibits the importation of erasers, resembling food in scent or appearance, that contain lead and other heavy metals above levels specified in Part 3 (‘Toxological Requirements’) of Australian Standard 1647-1982 (‘Children’s Toys (Safety Requirements)’), published on 9 August 1982.

New item 34 updates the amount of lead and other heavy metals that erasers being imported into Australia can contain before permission to import the goods into Australia is required. The new levels of lead and other heavy metals reflect the levels published in the Australian/New Zealand Standard: AS/NZS ISO 8124.3:2003 ‘Safety of toys, Part 3: Migration of certain elements’, published on 23 May 2003.

Item [5] - Schedule 3, item 13

This item amends the Principal Regulations by omitting item 13 of Schedule 3.

Subregulation 4(2) of the Principal Regulations provides that goods specified in Schedule 3 to the Principal Regulations are prohibited unless the conditions, restrictions or requirements specified in the Schedule has been complied with. Item 13 of Schedule 3 to the Principal Regulations provides that ‘marked fuel’, as defined by section 4 of the Fuel (Penalty Surcharges) Administration Act 1997, must not be imported into Australia unless the permission of the Minister for Justice and Customs or an authorised person has been granted. The permission is only granted on the condition that the fuel is converted to clean fuel or designated fuel before delivery into home consumption.

The Fuel (Penalty Surcharges) Administration Act 1997 and associated legislation was designed to achieve compliant use of fuel that was subject to a concessional rate of excise and customs duty. Such fuel was required to contain a chemical marker. As fuel tax credits under the Fuel Tax Act 2006 replaced previous rebates and subsidies, including concessional rates of duty, the Fuel (Penalty Surcharges) Administration Act 1997 became redundant and was repealed on 1 July 2006. The Regulations removes the redundant import control on marked fuel by repealing item 13 of Schedule 3.