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1989 No. 60 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 2

2. After regulation 4Q of the Principal Regulations the following regulation
is inserted: Importation of radioactive substances

"4R. (1) In this regulation, unless the contrary intention appears:
'authorised officer' means:

   (a)  an officer or employee of the Australian Nuclear Science and
        Technology Organisation appointed in writing by the Minister; or

   (b)  an officer or employee of the Department of Community Services and
        Health appointed in writing by the Minister of State for Community
        Services and Health;
to be an authorised officer for the purposes of this regulation;
'radioactive substance' means any radioactive material or substance, including
radium, any radioactive isotope or any article containing any radioactive
material or substance.

"(2) The importation into Australia of a radioactive substance is prohibited
unless:

   (a)  a permission in writing to import the substance has been granted by
        the Minister, the Minister of State for Community Services and Health
        or an authorised officer; and

   (b)  the permission is produced to a Collector.

"(3) Where, in relation to an application for a permission under subregulation
(2), an authorised officer has formed an opinion that the permission should
not be granted, the authorised officer shall refer the application to a
Minister referred to in that subregulation.

"(4) Where an application has been referred to a Minister in accordance with
subregulation (3), that Minister may grant, or refuse to grant, the
permission.

"(5) A permission granted under subregulation (2) or (4) 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:

   (a)  a permission granted under subregulation (2) or (4) is subject to a
        condition or requirement to be complied with by a person; and

   (b)  the person fails to comply with the condition or requirement; then:

   (c)  if a Minister has granted the permission-that Minister; or

   (d)  if an authorised officer has granted the permission-a Minister
        referred to in subregulation (2); may revoke the permission whether or
        not the person is charged with an offence under subsection 50 (4) of
        the Act in respect of the failure to comply with the condition or
        requirement.". 


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