Commonwealth Numbered Regulations - Explanatory Statements

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

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 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.

Regulation 4QD of the Regulations prohibits the importation of goods that originate in Haiti, and that have been exported from Haiti after the day on which regulation 4QD commenced, unless a permission has been granted by the Minister for Foreign Affairs, or a person authorised in writing by the Minister for Foreign Affairs.

On 15 October 1994 the United Nations Security Council (UNSC), by virtue of Resolution 948 (1994), decided to lift all United Nations (UN) sanction controls relating to Haiti.

The Regulations give effect to Australia's obligations as a member of the UN by omitting regulation 4QD so as to lift the sanctions against importation to Australia from Haiti (regulation 2 refers).

The Regulations commence on gazettal.

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