Commonwealth Numbered Regulations - Explanatory Statements

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Customs Act 1901

Customs (Import Licensing) Regulations (Repeal)

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

Regulation 7 of the Customs (Import Licensing) Regulations (the Regulations) prohibits the importation of goods, not being excepted goods, unless there is a licence under the Regulations to import the goods in force and the conditions and restrictions to which the licence is subject are complied with.

Regulation 17 of the Regulations provides in part that the Minister may except from the application of the Regulations any goods or any goods included in a class of goods.

In December 1989, by notice made under regulation 17, the then Minister for Industry, Technology and Commerce, revoked all subsisting exceptions and excepted all goods from the application of the Regulations. Consequently, no licences are currently required under the Regulations to import goods.

As there is no current intention to reintroduce import licensing on any particular commodity the Regulations are being repealed.

Regulation 1 repeals the Customs (Import Licensing) Regulations.

The Regulations commence on gazettal.

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