EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 317

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 5)

 

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.

 

Section 50 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia. This 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 specified goods for the purposes of the Act, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

 

The purpose of the amending Regulations is to amend the Principal Regulations in relation to the imports controls on anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays, and their grenades and canisters (anti-personnel goods).

Subregulation 4(2) of the Principal Regulations prohibits the importation into Australia of goods specified in Schedule 3 to the PI Regulations, subject to certain exceptions. Anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays are specified in item 1 of Schedule 3 to the PI Regulations. Grenades or canisters, designed for use with anti-personnel sprays or anti-personnel chemicals, are specified in item 1A of Schedule 3 to the PI Regulations.

In July 2008, the import controls on anti-personnel goods were amended to allow the importation of such goods for supply to the United Nations or the government of another country. Items 1 and 1A require a contract for the supply to the United Nations or the other government to be in force at the time the goods are imported into Australia. This requirement has placed an unintended restriction on importers because, in most instances in which imported anti-personnel goods are supplied to the United Nations or other government, a contract for this supply will not be in place at the time of the importation of the goods.

The amending Regulations remove the requirement that there be a contract for such supply in force at the time the goods are imported. An importer, however, is still required to produce to Customs and Border Protection, documentary evidence (other than in the form of a contract), to verify that the goods are being imported for supply to the United Nations or the government of another country. This is consistent with the current requirement for anti-personnel goods being imported for the other specified purposes/end users.

The importation of anti-personnel goods under items 1 and 1A of Schedule is also subject to the requirement that the importer must obtain the written consent of the Minister, the Commissioner of the Australian Federal Police or the commissioner (however designated) of the police force of a State or Territory and produce the consent to a Collector. However, this requirement does not extend to importation of anti-personnel goods for supply to the United Nations or the government of another country. In order to ensure consistency in the application of the import controls on anti-personnel goods, the amending Regulations extend the requirement to have and produce the written consent of the above-mentioned persons to anti-personnel goods imported for supply to the United Nations or the government of another country.

Items 1 and 1A also allow the importation of anti-personnel goods for the use of a number of State and Territory agencies, including police forces and correctional institutions. These agencies are authorised by the relevant State and Territory governments to possess and use anti-personnel goods. The amending Regulations add the Police Integrity Commission of New South Wales to the list of State and Territory agencies for whose use anti-personnel goods can be imported.

As the requirements for the importation of anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays specified in item 1 and their grenades or canisters specified in item 1A are identical, the amending Regulations combine these two items into a single new item 1 in Schedule 3 to the PI Regulations.

Those businesses affected by the original import controls made in July 2008 were consulted in relation to the preparation of the amending Regulations.

The amending Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

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

 

1006138A