Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1992 NO. 189

STATUTORY RULES 1992 No. 189

Issued by the Authority of the Minister for Industry, Technology and Commerce

Customs Act 1901

Customs (Prohibited Imports) Regulations (Amendment)

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

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

(2)       The power conferred by subsection (1) may be exercised:
- ...(a) by prohibiting the importation of goods absolutely..."

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

The Regulations amend the Pro-Import Regulations to give effect to the Governments's decision of 25 November 1991 to exclude from entry into Australia dogs which pose a threat to public health and safety.

Regulation 3 of the Pro-Import Regulations provides that the importation into Australia of the goods specified in Schedule 1 of the Regulations is prohibited absolutely. The Regulations amend the Pro-Import Regulations to insert a new item 26 into Schedule 1 to absolutely prohibit the importation of dogs of the following breeds:

(a)       dogo Argentino;

(b)       fila Brasileiro;

(c)       Japanese tosa; and

(d)       American pit bull terrier or pit bull terrier.