EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 174

 

Issued by the Authority of the Minister for Justice and Customs

 

Customs Act 1901

 

Customs (Prohibited Imports) Amendment Regulations 2005 (No. 3)

 

Subsection 270(1) 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 the Act or for the conduct of any other business relating to Customs.

 

Section 50 of the Act provides in part that the Governor-General may, by regulation, prohibit the importation of goods into 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 Principal Regulations) control the importation of the goods specified in the various regulations and the Schedules to the Principal Regulations, by prohibiting importation absolutely, or by making importation subject to a permission or licence. 

 

Schedule 2 to the Principal Regulations specifies goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised person to import the goods has been granted.

 

The purpose of the Regulations is to substitute item 18C of Schedule 2 to the Principal Regulations, which previously restricted the importation of pistol crossbows, to extend the restriction to all crossbows. 

 

Previously, item 18C of Schedule 2 to the Principal Regulations applied to pistol crossbows that are designed to be used with one hand and are capable of causing damage or injury to property or bodily harm, but did not apply to toy crossbows.

 

However, in July 2003, the Australasian Police Ministers’ Council (APMC) resolved that all Australian jurisdictions agree to restrict all crossbows, not just pistol crossbows.  Further, the APMC resolved at that meeting that the Commonwealth should amend legislation relating to import restrictions for crossbows to ensure consistency between all Australian jurisdictions in the regulation of crossbows.

 

In order to give effect to these resolutions, the Regulations substitute item 18C of Schedule 2 to the Principal Regulations so that it applies to all crossbows, not just pistol crossbows.  The exclusion of toy crossbows is maintained.  The effect of the substitution is that the importation of all crossbows, (other than toy crossbows), is prohibited, without the permission of the Minister or an authorised person.

 

No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The Regulations commence on the day after they are registered.

 

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