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CUSTOMS LEGISLATION AMENDMENT REGULATION 2013 (NO. 3) (SLI NO 167 OF 2013)

EXPLANATORY STATEMENT

Select Legislative Instrument 2013 No. 167

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs Legislation Amendment Regulation 2013 (No. 3)

Subsection 270(1) of the Customs Act 1901 (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.

Section 50 of the Act provides in part that the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) control the importation of specified goods for the purposes of the Act, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

Regulation 5H of the PI Regulations prohibits the importation into Australia of goods specified in Schedule 8 to the PI Regulations.  Item 12A of Schedule 8 specifies oil of wormwood and preparations containing oil of wormwood and item 17 specifies xylitol and preparations containing xylitol.

The amending Regulation repeals the importation controls on wormwood, and preparations containing oil of wormwood, and xylitol and preparations containing xylitol. 

Wormwood, preparations containing oil of wormwood, and xylitol and preparations containing xylitol are not high risk goods and therefore it is not necessary to maintain an importation ban under the PI Regulations. 

Importers already comply with requirements under the Australia New Zealand Food Standards Code, and the Therapeutic Goods Act 1989 where these products are for use as, or in food and for therapeutic use.  Imported food is monitored under the Imported Food Inspection Scheme to ensure food imports meet the Australia New Zealand Food Standards Code.  In addition, all therapeutic goods are assessed by the Therapeutic Goods Administration and must be registered on the Australian Register of Therapeutic Goods before they can be supplied in Australia. The amending Regulation reduces the administrative burden in relation to the importation of the goods without compromising the safety of the Australian public.

The amending Regulation also makes a minor consequential amendment to the Customs Regulations 1926 to remove wormwood, preparations containing wormwood, and xylitol and preparations containing xylitol from the regime whereby a post-importation permission can be granted for certain goods.

As the Regulation is of a minor or machinery nature, no consultation was undertaken in relation to the Regulation.

The amending Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

Customs Legislation Amendment Regulation 2013 (No. 3)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulation

The purpose of the Customs Legislation Amendment Regulation 2013 (No. 3) is to repeal the importation controls on wormwood, and preparations containing oil of wormwood, and xylitol and preparations containing xylitol under the Customs (Prohibited Imports) Regulations 1956. 

Wormwood, preparations containing oil of wormwood, and xylitol and preparations containing xylitol are not high risk goods.  Therefore, it is not necessary to maintain an importation ban under the Customs (Prohibited Imports) Regulations 1956.  . 

Importers already comply with requirements under the Australia New Zealand Food Standards Code, and the Therapeutic Goods Act 1989, where these products are for use as, or in food and for therapeutic use. 

The Regulation commences on day after it is registered.

Human Rights implications

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

This legislative instrument does not raise any human rights issues.

Minister for Home Affairs

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