Commonwealth Consolidated Regulations

CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 4Z

  (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 employee of the Department administered by the Foreign Minister, authorised in writing by the Foreign Minister to give permissions under 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).

  (2)   The importation, from Iran, of the following items, materials, equipment, goods and technology 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:

  (a)   items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/814;

  (b)   items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/815;

  (c)   arms or related matériel.

  (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)   A permission to import goods granted under subregulation   (2) may specify for the importation:

  (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.

  (4)   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.

  (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.