Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Science and Small Business

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 the last preceding subsection may be exercised -...(c) 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 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 goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making the importation subject to the permission of a Minister or a specified person.


By Statutory Rules 1993 No. 211, Schedule 8 to the Regulations was amended to broaden the import controls on substances having an indirect anabolic and androgenic effect and growth hormone substances. Item 3A of Schedule 8 was omitted and substituted by new Items 3A and 3B.

During this process, the reference to anabolic and androgenic substances in the previous Item 3A was inadvertently omitted from the new Items 3A and 3B. These substances are not covered by the substances that were substituted as the new Items and therefore need to be provided for separately in Schedule 8.

Regulation 3 will insert anabolic and androgenic substances into Schedule 8 to the Regulations as Item 3C.

The opportunity has also been taken to change a reference to the Department to the "Department of Health, Housing, Local Government and Community Services" (regulation 2 refers) to reflect the new Administrative Arrangements.

The Regulations will commence on gazettal.

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