Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1991 NO. 76

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 76

CUSTOMS ACT 1901

CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)

ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SMALL BUSINESS AND CUSTOMS

Section 50 of the Customs Act 1901 provides in part that:

"1)       The Governor-General may, by regulation, prohibit the importation of goods into Australia.

2)       The power conferred by the last preceding sub-section may be exercised - (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

3)       Without limiting the generality of paragraph (2)(c), the Regulations - ...(a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ..."

The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of the goods specified in the various Regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a specified person or Minister of State.

The Statutory Rules contain several amendments to the Regulations which remove the existing prohibitions against the importation of goods from Kuwait.

Background

Regulation 4QA of the Regulations was introduced on 8 August 1990 (Statutory Rules 1990 No. 265 refers) to implement trade sanctions against Iraq and Kuwait in accordance with United Nations Security Council Resolution 661.

Following the liberation of Kuwait, the Government decided on 11 March 1991 that all sanctions related measures over imports from Kuwait be removed.

The regulations put into effect that decision as follows:

       Regulation 1 provides that the Customs (Prohibited Imports) Regulations are amended as set out in the regulations;

       Regulation 2 amends Regulation 4QA as follows:

-       subregulation 2.1 omits the definition of "Kuwait" from subregulation 4QA(1);

-       subregulation 2.2 removes the prohibition against the importation into Australia from Kuwait of goods of any description;

-       subregulation 2.3 removes the prohibition against the importation into Australia from any country of goods that are of Kuwaiti origin; and

-       subregulations 2.4 and 2.5 remove the prohibitions against the importation into Australia of goods that are certified by the Minister to be goods that the Minister has reasonable grounds for believing are from Kuwait (subregulation 2.4) or are of Kuwaiti origin (subregulation 2.5).


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