Commonwealth Consolidated Regulations

CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 4Y

  (1)   In this regulation:

"arms or related matériel" includes:

  (a)   weapons; and

  (b)   ammunition; and

  (c)   military vehicles and equipment; and

  (d)   spare parts and accessories for the things mentioned in paragraphs   (a) to (c); and

  (e)   paramilitary equipment.

"authorised person" means an officer of the Department of Foreign Affairs and Trade authorised in writing by the Foreign Minister for this regulation.

"Foreign Minister" means the Minister for Foreign Affairs.

"paramilitary equipment" means any of the following:

  (a)   batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

  (b)   body armour, including:

  (i)   bullet - resistant apparel; and

  (ii)   bullet - resistant pads; and

  (iii)   protective helmets;

  (c)   handcuffs, leg - irons and other devices used for restraining prisoners;

  (d)   riot protection shields;

  (e)   whips;

  (f)   parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs   (a) to (e).

"seafood" includes fish, crustaceans, molluscs and other aquatic invertebrates.

  (2)   Subject to subregulation   (2AA), the importation of all goods from the Democratic People's Republic of Korea is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

  (2AA)   Subregulation (2) does not apply to the following:

  (a)   food (except seafood);

  (b)   medicine;

  (c)   accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes:

  (i)   to be for the personal use of that person; and

  (ii)   if that person is not a resident of the Democratic People's Republic of Korea--were not purchased in the Democratic People's Republic of Korea.

  (2AB)   For the purposes of paragraph   (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation   does not limit the matters a Collector may take into account.

  (2A)   An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation   (2) must:

  (a)   be in the approved form; and

  (b)   contain the information required by the approved form; and

  (c)   be signed as indicated by the approved form.

  (3)   When deciding whether to give permission under subregulation   (2), the Foreign Minister or an authorised person must take into account:

  (a)   Australia's relations with other countries; and

  (b)   Australia's obligations under international law.

  (4)   A permission granted under subregulation   (2) may specify, for the importation of the goods that it permits:

  (a)   conditions or requirements, including times for compliance, to which the importation is subject; and

  (b)   the quantity of the goods that may be imported; and

  (c)   the circumstances in which the goods may be imported.

  (5)   The Foreign Minister may revoke or modify a permission granted under subregulation   (2) if there are reasonable grounds for believing that:

  (a)   a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or

  (b)   permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.