Commonwealth Numbered Regulations

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1988 No. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 3

3. After regulation 4B of the Principal Regulations the following regulation
is inserted: Importation of coffee

"4C. (1) In this regulation, unless the contrary intention appears:
'Agreement' means the International Coffee Agreement 1983 made in London on 16
September 1982, to which Australia acceded on 30 September 1983 and which
entered provisionally into force on 1 October 1983, and includes rules made
under that Agreement by the Council;
'authorised person' means a person who is authorised in writing by the
Minister to grant permission for the importation of coffee under subparagraph
(4) (a) (ii);
'coffee' means the beans and cherries of the coffee tree, whether parchment,
green or roasted, and includes ground, decaffeinated, liquid and soluble
coffee; 'Council' means the International Coffee Council established by the
Agreement; 'dried coffee cherry' means the dried fruit of the coffee tree;
'green coffee' means all coffee in the naked bean form before roasting;
'liquid coffee' means the water-soluble solids derived from roasted coffee and
put into liquid form;
'Minister' means the Minister of State for Primary Industries and Energy;
'parchment coffee' means the green coffee bean contained in the parchment
skin;
'roasted coffee' means green coffee roasted to any degree and includes ground
coffee;
'soluble coffee' means the dried water-soluble solids derived from roasted
coffee.

"(2) The Minister may, by notice published in the Gazette, give notice:

   (a)  that quotas are in operation under the Agreement; or

   (b)  that a notice given under paragraph (a) is revoked on the ground that
        quotas have ceased to be in operation under the Agreement.

"(3) During a period when notice has been given under paragraph (2) (a) and
has not been revoked under paragraph (2) (b), the importation of coffee
otherwise than in accordance with subregulation (4) is prohibited.

"(4) Coffee may be imported during a period mentioned in subregulation (3):

   (a)  if there is produced to the Collector in respect of the coffee:

        (i)    a certificate valid under the Agreement for the exportation of
               the coffee from the country of exportation to Australia; or

        (ii)   permission in writing granted by the Minister or by an
               authorised person for the importation of the coffee; or

   (b)  if the quantity of coffee does not exceed in the case of:

        (i)    dried coffee cherry-120 kilograms;

        (ii)   green coffee-60 kilograms;

        (iii)  liquid coffee-23 kilograms;

        (iv)   parchment coffee-75 kilograms;

        (v)    roasted coffee-50.4 kilograms; or

        (vi)   soluble coffee-23 kilograms;
or, in the case of an importation of any 2 or more of those forms of coffee,
the equivalent of 60 kilograms of green coffee calculated on the basis that
the quantities of coffee set out in subparagraphs (i), (ii), (iii), (iv), (v)
and (vi) are equivalent to each other.

"(5) A permission granted under subparagraph (4)(a)(ii) may specify conditions
or requirements to be complied with by the holder of the permission and may,
in respect of any such condition or requirement, specify a time (being a time
before or after the importation of the goods to which the permission relates)
at or before which the condition or requirement shall be complied with by the
holder.

"(6) Where, in relation to an application for permission under subparagraph
(4)(a)(ii) for the importation of coffee into Australia, an authorised person
has formed an opinion that the permission should not be granted, the
authorised person shall refer the application to the Minister.

"(7) Where an application has been referred to the Minister under
subregulation (6), the Minister may grant, or refuse to grant, the permission.

"(8) In giving notice under subregulation (2), or granting or refusing a
permission under this regulation, the Minister, and (where applicable) an
authorised person, shall have regard to the relevant provisions of the
Agreement and to relevant decisions made from time to time by the Council
under the Agreement.". 


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