Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 28

STATUTORY RULES 2002 No. 28

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs Amendment Regulations 2002 (No. 1)

Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to this Act or for the conduct of any business relating to Customs.

The purpose of the amending Regulations is to specify a number of goods that will constitute tier 1 goods or tier 2 goods for the purposes of sections 233BAA and 233BAB of the Act.

Subsection 233BAA(1) of the Act provides that the regulations may provide that specified nonnarcotic drugs and other specified items constitute tier 1 goods. It is an offence to import tier 1 goods which require an import approval, if that approval has not been obtained. The maximum penalty for such an offence is a fine not exceeding $ 100,000 or imprisonment for 5 years, or both.

Part 1 of Schedule 1AA to the Customs Regulations 1926 (the Regulations) lists those goods that are tier 1 goods. The importation of darbepoetin alfa will be prohibited in certain circumstances, unless the importer is the holder of a permission to import the substance. The amending Regulations specify that darbepoetin alfa constitutes a tier 1 good (item 1 refers).

Subsection 233BAB(1) of the Act provides in part that the regulations may provide that specified knives, daggers and other like goods and other specified goods constitute tier 2 goods. It is an offence to import tier 2 goods which require an import approval, if that approval has not been obtained. The maximum penalty for such an offence is a fine not exceeding $250,000 or imprisonment for 10 years, or both.

Part 2 of Schedule 1AA to the Regulations lists those goods that are tier 2 goods. The importation of certain weapons and grenades and canisters, designed for use with antipersonnel sprays or antipersonnel chemicals will be prohibited in certain circumstances. The amending Regulations specify that those goods constitute tier 2 goods (item 2 refers).

The amending Regulations commenced on gazettal.