Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1995 NO. 412

STATUTORY RULES 1995 No. 412

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.

Woolpacks are containers which are used for the storage of wool. Wool is pressed into woolpacks after it is shorn from sheep, "skirted" (a process by which stains and burrs are removed) and classed. Woolpack caps seal the woolpacks.

Regulation 4K of the Regulations prohibits the importation into Australia of woolpacks and woolpack caps unless the permission in writing to import the goods has been granted by the Minister for Primary Industries and Energy or an authorised person (subregulation 4K(1)) or unless a certificate in respect of those goods issued under subregulations 4K(3) to 4K(7) is produced. Certificates under subregulations 4K(3) to 4K(7) refer to certain standards published by the Australian Wool Corporation (AWC) or the Australian Wool Research and Promotion Organisation (AWRAP).

The Australian Wool Research and Promotion Organisation (AWRAP) has responsibility for the management of woolpack quality assurance issues. It assumed responsibility for these issues from the former Australian Wool Corporation (AWC) 1994 (Statutory Rules No. 104 of 1994 refers). This was, however, an interim arrangement designed to facilitate the industry assuming responsibility for woolpack quality assurance.

The Australian Wool Exchange Ltd (AWEX), a non-statutory industry body, is to assume responsibility for the management of woolpack quality from 1 January 1996. It will also publish new standards to take effect from 1 January 1996.

The regulations therefore amend the provisions of the Regulations which refer to standards published by the Australian Wool Corporation or the Australian Wool Research and Promotion Organisation, to reflect the transfer of this responsibility to AWEX, and to allow importations of woolpacks or woolpack caps where a certificate has been issued which refers to a standard of AWEX. A transitional provision has also been inserted, to allow the importation of such goods until 31 March 1996 where the goods conform to a previous standard published by the Australian Wool Research and Promotion Organisation. It is considered that this will provide a suitable time to allow importers to have new certificates issued in respect of the relevant woolpacks.

The Regulations implement these reforms as outlined below.

Regulation 1 - Commencement

Subregulation 1.1 provides that the Regulations commence on 1 January 1996, the date on which the Australian Wool Exchange Ltd (AWEX) assumes responsibility for the management of woolpack quality assurance issues and the date from which its standards will commence.

Regulation 2 - Amendment

Subregulation 2.1 provides that the Customs (Prohibited Imports) Regulations are amended by the Regulations.

Regulation 3 - Interpretation

Subregulation 3.1 omits the definition of "Australian Wool Corporation Standard" in subregulation 2(1) of the Customs (Prohibited Imports) Regulations as the Australian Wool Corporation no longer manages woolpack quality assurance issues. Other references to the Australian Wool Corporation in the Customs (Prohibited Imports) Regulations are also deleted by the Regulations as a consequence of this.

Subregulation 3.2 inserts a new definition of "Australian Wool Exchange". A definition of "Australian Wool Exchange Standard" is also inserted for the purposes of new subregulations 4K(3), (4), (5), (6) and (7).

Subregulation 3.3 omits subregulation 2(5) of the Customs (Prohibited Imports) Regulations, as references to the Australian Wool Corporation are now obsolete. New subregulation 2(5) is substituted to provide that a reference to an Australian Wool Exchange Standard published on a particular date is taken to include a reference to that standard approved for publication on that date. This will enable a standard to be operative where publication on a particular date is not possible, but the Standard is approved for publication on that particular date.

Paragraph 2(5)(b) provides that if an Australian Wool Exchange Standard refers to another instrument, that instrument is taken to be incorporated with, and form part of, the Australian Wool Exchange Standard.

Regulation 4 - 4K (Importation of woolpacks and woolpack caps)

Subregulation 4.1 omits subregulations 4K(3), (4), (5), (6) and (7) and inserts new subregulations as follows:

New subregulation 4K(3) provides exceptions to the importation prohibition specified in subregulation 4K(1) in respect of unused woolpacks consisting of high density polyethylene. The exceptions are where there is a certificate issued by a prescribed testing authority stating that the woolpacks conform to Australian Wool Research and Promotion Organisation Standard No. 1 published on 10 February 1994 and that this is produced to the Collector on or before 31 March 1996 (paragraph (a) refers), or where there is a certificate issued by a prescribed testing authority stating that the woolpacks conform to Australian Wool Exchange Standard No. 1 published on 1 January 1996 and that this is produced to the Collector (paragraph (b) refers).

The new regulation effectively preserves the existing standards of the Australian Wool Research and Promotion Organisation for a transitional period of 3 months, in addition to substituting the standards of the new organisation (AWEX) which is to assume responsibility for the management of woolpack quality from 1 January 1996.

New subregulation 4K(4) provides the same exceptions as outlined in new subregulation 4K(3), but in this instance applying to certificates issued in respect of unused woolpacks consisting of jute conforming to Australian Wool Research and Promotion Organisation Standard No. 2 or Australian Wool Exchange Standard No. 2.

New subregulation 4K(5) provides the same exceptions as outlined in new subregulation 4K(3), but in this instance applying to certificates issued in respect of unused woolpacks consisting of multifilament nylon conforming to Australian Wool Research and Promotion Organisation Standard No. 3 or Australian Wool Exchange Standard No. 3.

New subregulation 4K(6) provides the same exceptions as outlined in new subregulation 4K(3), but in this instance applying to certificates issued in respect of unused woolpack caps conforming to Australian Wool Research and Promotion Organisation Standard No. 4 or Australian Wool Exchange Standard No. 4.

New subregulation 4K(7) provides the same exceptions as outlined in new subregulation 4K(3), but in this instance applying to certificates issued in respect of unused premium grade woolpacks consisting of high density polyethylene conforming to Australian Wool Research and Promotion Organisation Standard No. 5 or Australian Wool Exchange Standard No. 5.

Subregulation 4.2 omits "the Australian Wool Corporation" in the definition of "prescribed testing authority" in subregulation 4K(8), as the Australian Wool Corporation no longer manages woolpack quality assurance issues. As the Australian Wool Exchange takes over that role on 1 January 1996, "the Australian Wool Exchange" is substituted. A "prescribed testing authority" is therefore defined as an Australian or overseas testing authority approved by the Minister for Primary Industries and Energy on the recommendation of the Australian Wool Exchange. The Australian Wool Research and Promotion Organisation remains within the definition, to cover the transitional period until 31 March 1996, after which it will no longer have any role as a prescribed testing authority.