EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 74

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2008 (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.

Section 50 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia. This 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 various regulations and Schedules. In particular, regulation 4 of the Principal Regulations prohibits the importation of goods specified in Schedule 2 to the Principal Regulations unless permission, in writing, of the Minister or an authorised person to import the goods has been granted.

The purpose of the amending Regulations is to introduce a restriction on the importation into Australia of hand-held articles commonly known as 'laser pointers'.

Laser pointers produce radiation over a narrow wavelength band that is emitted in the form of a pencil-like beam. Laser pointers were originally developed as an aid in conducting lectures and presentations and are also used in astronomy and surveying. However, there have been many recent incidents where stronger laser pointers have been shone directly at aircraft during take-offs and landings. This action may have the potential to distract or even temporarily blind pilots and, therefore, jeopardises the safe operation of an aircraft. The amending Regulations introduce a restriction on the importation of certain types of laser pointers. The new import control complements prohibitions that already exist in some States and Territories.

The amending Regulations amend Schedule 2 to the Principal Regulations and insert new item 48 into Schedule 2. New item 48 applies to hand-held articles that are commonly known as laser pointers that are designed or adapted to emit a laser beam with an accessible emission level of greater than 1 mW. Laser pointers that emit a laser beam with an accessible emission level of 1 mW or less are not subject to the new importation restriction.

As there are certain members of the community who continue to have legitimate uses for the stronger laser pointers, the importation of such laser pointers are not prohibited absolutely. These laser pointers may be imported if permission has been granted by the Minister or authorised person.

 

Consultation was undertaken with a broad range of Commonwealth agencies and a number of technical experts. No further consultation was undertaken because of the urgent need to control the importation of hand-held high powered laser pointers in response to ongoing incidences of misuse of these devices against aircraft.

The amending Regulations commence on 1 July 2008 to allow appropriate training and communication strategies to be undertaken.

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