Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2006 (NO. 5) (SLI NO 282 OF 2006) - SCHEDULE 1

(regulation 3)

[1]           After regulation 4X

insert

4Y            Importation of goods from Democratic People's Republic of Korea

         (1)   In this regulation:

"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.

         (2)   The importation of the following 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:

                (a)    battle tanks;

               (b)    armoured combat vehicles;

                (c)    large calibre artillery systems;

               (d)    combat aircraft and other military aircraft;

                (e)    attack helicopters;

                (f)    warships;

                (g)    missiles or missile systems;

                (h)    matériel related to any of the goods mentioned in paragraphs (a) to (g), including parts;

                 (i)    goods that are capable of being used in the development, production or stockpiling of nuclear, biological or chemical weapons;

                (j)    goods that are capable of being used in the development or production of missiles that are capable of delivering nuclear, biological or chemical weapons.

         (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.