Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2007 (NO. 5) (SLI NO 347 OF 2007)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 347

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2007 (No. 5)

Customs (Prohibited Exports) Amendment Regulations 2007 (No. 4)

 

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.

Sections 50 and 112 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation or exportation, respectively, of goods into or from Australia and that the powers may be exercised by prohibiting the importation or exportation of goods absolutely or by prohibiting the importation or exportation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) and the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) control the importation or exportation, respectively, of the goods specified in the various regulations and Schedules.

The amending Regulations insert a new import and export prohibition on publications and other goods that advocate the doing of a terrorist act.

The amending Regulations complement amendments made to the Classification (Publication, Films and Computer Games) Act 1995 by the Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 which inserted a new section 9A to require publications, films or computer games that advocate the doing of terrorist act to be refused classification. The Classification (Publication, Films and Computer Games) Amendment (Terrorist Material) Act 2007 received Royal Assent on 28 September 2007 and commenced the day after.

Regulation 4A of the PI Regulations and regulation 3 of the PE Regulations prohibit without permission the importation or exportation, respectively, of objectionable goods. The amending Regulations amend subregulation 4A(1A) of the PI Regulations and subregulation 3(2) of the PE regulations to insert a new prohibition on the importation or exportation, respectively, of publications and goods which advocate the doing of a terrorist act. The importation or exportation of such publications or goods are now prohibited unless the Attorney-General or an authorised person had given written permission to import or export the goods.

The amending Regulations insert new subregulations 4A(1B) and 4A(1C) in the PI Regulations and subregulations 3(2A) and 3(2B) in the PE Regulations. These new subregulations, with specify when a publication or good advocates, or does not advocate, the doing of a terrorist act, are consistent with section 9A of the Classification (Publication, Films and Computer Games) Act 1995. Section 9A specifies when a publication, film or computer games advocates, or does not advocate, the doing of a terrorist act.

The amending Regulations also insert in subregulation 4A(1) of the PI Regulations and subregulation 3(1) of the PE Regulations a definition for the term ‘terrorist act’. The term ‘terrorist act’ has the same meaning as given to the term by section 100.1 of the Criminal Code.

No consultation was undertaken specifically in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

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

0721069A

0721073A


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