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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1997 NO. 285
EXPLANATORY STATEMENTSTATUTORY RULES 1997 No. 285
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of 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.
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.
The regulations amended the Regulations to:
(1) control the importation of kava by inserting a definition of 'kava' in subregulation 2(1) of the Regulations and inserting it as an item in Schedule 4 of the Regulations (Regulations 2 and 4 refer);
(2) control the importation of refillable cigarette fighters by including the lighters into the definition of 'fighters' in subregulation 4S(5) of the Regulations (Regulation 3 refers);
(3) modify control on the importation of firearms which are imported for the sole purpose of transhipment by inserting a new circumstance into the 'specified purposes' test in Part 1 of Schedule 6 of the Regulations (Regulation 5 refers)
Kava
Kava is a plant of the species of Piper Methysticum or a preparation obtained from the plant or part of the plant. Recent Commonwealth concerns about the potential adverse health and social consequences of 'kava' abuse in Australia has prompted the Government to control the importation of kava into Australia.
Refillable lighters
Cheap refillable cigarette lighters are similar to the disposable fighters except that they have been modified to include a refill valve in the casing of the lighters. In practice, the refillable lighters may be used as disposable fighters posing the same public health and safety risks as the disposable lighters. Consequently, controls on the importation of these refillable lighters are necessary.
Firearms
Currently, the specified purposes test prescribed in Part 2 and set out in Part 1 of Schedule 6 of the Regulations does not provide for the Attorney-General to give permission for the importation of firearms into Australia for the sole purpose of transhipment to another country. The Regulations modified the specified purposes test to include this situation.
The Regulations are explained in greater detail in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
Kava
Commonwealth, State and Territory governments have been concerned about the potential adverse health and social consequences of 'kava' abuse in Australia. Kava. is known to cause drowsiness and numbness in a person who consumes it. As a consequence of this concern, the Government has developed a National Code of Kava Management ("the Code") to promote the responsible sale and distribution of kava in Australia. To assist in the implementation of the Code, it is considered that control on the importation of kava into Australia is necessary.
Regulation 2 inserted the definition of 'kava' to mean "a plant of the species Piper Methysticum or a preparation obtained from the plant or part of the plant."
Regulation 4 inserted, after item 112A of Schedule 4 of the Regulations, new item "112B Kava".
Refillable Lighters
Regulation 4S of the Regulations currently prohibits the importation of a disposable cigarette lighter unless the importer has completed and produced to the Collector a statutory declaration stating that a certificate of compliance with the American Standard has been issued or has been granted a permission in writing for the disposable fighter to be imported.
However, the Government has been advised that cheap refillable cigarette lighters made by overseas manufacturers are now available for sale.. These new refillable lighters are similar to the disposable lighters except that they have been modified to include a refill valve in the casing of the lighters. In practice, the refillable lighters may be used as disposable lighters due to the comparatively high cost of the refill cartridges. This means that the refillable lighters could pose the same public health and safety risks as the disposable lighters. Consequently, controls on the importation of these refillable fighters are necessary.
Regulation 3 omitted the current definition of "lighter" in subregulation 4S(5) of the Regulations and redrafted the definition to include a definition of 'refillable fighter'. The current definition of 'lighter' only covers descriptions relating to disposable and novelty lighters. The new definition of 'lighter´ now separately defines 'disposable lighter', 'novelty lighter´ and includes the new 'refillable fighter' as well.
'Refillable lighter´ is defined to mean "a flame producing device that:
(a) is designed to fight cigarettes, cigars or pipes; and
(b) is designed to be refilled with fuel; and
(c) has a customs value, determined under section 159 of the Customs Act 1901, of
$2 or less."
Firearms
On 5 June 1996, Statutory Rules 1996 No. 91 introduced the new structure of controls on the importation of firearms, firearm parts, firearm accessories, firearm magazines and ammunition. The new structure consolidated the import controls under regulation 4F and Schedule 6 of the Regulations. Regulation 4F provides that the importation of a firearm is prohibited unless the firearm is a firearm to which an item in Part 2 of Schedule 6 applies and the importation is in accordance with the requirements set out in that Part.
These requirements, fall into 4 broad categories or "tests": (1) the official purposes test; (2) the specified purposes test; (3) the specified persons test; and (4) the Police authorisation test (items 1 to 4 of Part 1 of Schedule refer). The proposed amendments to the Regulations are in relation to the specified purposes test.
Currently, the specified purposes test does not provide for the situation where a firearm is imported into Australia for the sole purpose of transhipment to another country.
Regulation inserted. after the current subparagraph 2.2 (d)(iv) Part 1 of Schedule 6, new paragraph 2.2 (c) to allow the Attorney-General to give written permission for the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition if the Attorney-General is satisfied that the article is to be imported only for transhipment to another country and the Minister for Defence Industry, Science and Personnel, or a person authorised for regulation 13E of the Customs (Prohibited Exports) Regulations has granted a licence or permission to export the article.