Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1994 NO. 314

STATUTORY RULES 1994 No. 314

Issued by the Authority of the Minister for Small Business, Customs and Construction

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) 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 Minister or a specified person.

Items 4 and 5 in Schedule 2 to the Regulations prohibit the importation of fish and fish products containing excess levels of mercury unless the permission of the Minister or an authorised person is first obtained.

Regular testing for mercury levels in fish and fish products is now carried out under the Imported Food Control Act 1992 as part of the Imported Foods Inspection Program under which all imported food is liable to point of entry checking to monitor compliance with Australia's food safety and food standards requirements,

The Australian Quarantine Inspection Service, which has responsibility for that Program, has confirmed that there is no purpose in retaining items 4 and 5 in Schedule 2 to the Regulations as it creates an unnecessary duplication of controls.

These Regulations omit items 4 and 5 from Schedule 2 to the Regulations.

The Regulations commence on gazettal.