Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2003 (NO. 3) 2003 NO. 53

STATUTORY RULES 2003 No. 53

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2003 (No. 3)

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 for giving effect to the Act.

Section 50 of the Act provide in part that the Governor-General may, by regulation, prohibit the importation of goods from Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) control the importation of the goods specified in the various regulations and the Schedules to the PI Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

Regulation 4M of the PI Regulations restricted the importation of unset diamonds from Angola. This regulation was enacted to implement Australia's obligations to impose trade sanctions against Angola under United Nations Security Council (UNSC) Resolution 1173 (1998).

The UNSC recently adopted Resolution 1448 (2002), which terminated the trade sanctions imposed against Angola under Resolution 1173 (1998).

The purpose of the amending Regulations is to repeal regulation 4M of the PI Regulations, consistent with the termination of the trade sanctions against Angola under UNSC Resolution 1448 (2002).

The amending Regulations also amended the note in regulation 4MA of the PI Regulations which referred to regulation 4M.

The amending Regulations commenced on gazettal.