Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1997 NO. 317

STATUTORY RULES 1997 No. 317

Issued by the Authority of the Minister for Customs and Consumer Affairs

Customs Act 1901 (C'th)

Customs (Prohibited Imports) Regulations (Amendment)

Section 270 of the Customs Act 1901 (CM) (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.

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.

(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;"

The Customs (Prohibited Imports) Regulations (the Regulations) control the import of 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 of a specified person.

Item 36, Schedule 2 of the Regulations previously provided that "motor vehicle windscreens, windows or interior partition's not complying with the Australian Design Rule (Third Edition) 8/00 ("Safety Glazing Material"), issued on 1 July 1988" could not be imported unless a permission in writing by the Minister or an authorised, person has been granted.

Regulation 2 has repealed the import controls on motor vehicle windscreens, windows and interior parts previously prescribed by Item 36, Schedule 2.

The import prohibition was no longer considered necessary. Since the time of the introduction of this control, other Federal legislation had been enacted which dealt with unsafe automotive products. The importation of new motor vehicle windscreens for use in the manufacture of motor vehicles is covered by the Motor Vehicle Standards Act 1989. The Trade Practices Act 1974 provides blanket assurance for the standard of non brand parts through Part V, Consumer Protection and Part VA, Liability of Manufacturers and Importers for Defective Goods. Due to the effect of this legislation, it. was considered that there was no basis for continuing the prohibition.

The regulation commenced on gazettal.