Commonwealth Numbered Regulations - Explanatory Statements

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Select Legislative Instrument 2006 No. 282


Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2006 (No. 5)


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 for giving effect to the Act.

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 Schedules, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

The purpose of the Regulations is to amend the Principal Regulations to implement sanctions against the Democratic People’s Republic of Korea (DPRK) imposed by United Nations Security Council Resolution 1718 which was adopted on 14 October 2006 (the Resolution).

The Resolution provides, in part, that all Member States shall prevent the procurement by their nationals of specified military equipment and spare parts for such goods, as well as specified goods which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.

The Regulations insert new regulation 4Y into the Principal Regulations to prohibit the importation from the DPRK of:

a)         battle tanks;

b)        armoured combat vehicles;

c)         large calibre artillery systems;

d)        combat and military aircraft;

e)         attack helicopters;

f)          warships;

g)         missiles and missile systems;

h)         matériel related to any of the goods mentioned in paragraphs (a) to (g), including parts; and

i)           goods capable of use in the development, production, or stockpiling of nuclear, biological or chemical weapons, or the development or production of missiles capable of delivering such weapons:

unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

The Foreign Minister can authorise an officer of the Department of Foreign Affairs and Trade to be an authorised person for the purposes of the Regulations.

The Foreign Minister or an authorised person, in deciding whether to grant a permission to import, must take into account Australia's relations with other countries and Australia's obligations under international law.

The Foreign Minister or an authorised person can also include conditions and other requirements in a permission and the Foreign Minister can revoke or modify a permission in certain circumstances.

No consultation was undertaken specifically in relation to either of the amendments as they implement Australia’s international obligations under the Resolution.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.



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