Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1993 NO. 257

STATUTORY RULES 1993 No. 257

Issued by the Authority of the Minister for Science and Small Business

Customs Act 1901

Customs (Prohibited Imports) Regulations (Amendment)

Section 50 of the Customs Act 1901 (the Act) provides in part that:

"(1)       The Governor-General may, by regulation, prohibit the importation of goods into Australia.

(2)       The power conferred by the last preceding subsection may be exercised -...(c) prohibiting the importation of goods unless specified conditions or restrictions are complied with.

(3)       Without limiting the generality of paragraph (2)(c), the regulations
-...(a) may provide that the importation of goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and ...".

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

Regulation 4Q of the Regulations prohibits the importation of goods from South Africa, or of South African origin, as specified in Schedule 7A of the Regulations unless the permission of the Minister for Foreign Affairs and Trade or an authorised person is produced to a Collector of Customs.

On 25 September 1993, the Government announced the lifting of trade and investment sanctions against the Republic of South Africa. In order to implement the lifting of the sanctions, the following proposed regulations are considered necessary to amend the Regulations.

Proposed regulation 3 omits the following Items from Schedule 7A of the Regulations:

1.       Item 4, which refers to coins, including kruggerand, that are, or have at any time been, currency in the Republic of South Africa;

2.       Item 12, which refers to goods classified under a heading in Sections I, II, III or IV of Schedule 3 to the Customs Tariff Act 1987;

Sections I, II, III and IV of the Tariff cover: live animals, animal products (Section 1); vegetable products (Section II); animal or vegetable fats and oils and their cleavage products, prepared edible fats, animal or vegetable waxes (Section III); prepared foodstuffs, beverages, spirits and vinegar, tobacco and manufactured tobacco substitutes (Section IV).

4.       Item 13, which refers to goods (being coal or another fuel) classified under heading 2701, 2702, 2703.00.00 or 2704.00.00 of Schedule 3 to the Customs Tariff Act 1987, and

5.       Item 14, which refers to goods (being iron and steel and articles thereof) classified under:

(a) heading 7210 or any of the headings 7203 to 7229 (inclusive) of Schedule 3 to the Customs Tariff Act 1987, or

(b) subheading 7302.10.00 or any of the headings 7302 to 7306 (inclusive) of Schedule 3 to the Customs Tariff Act 1987.

The permission of the Minister for Foreign Affairs and Trade, or an authorised person, will no longer be required to be produced to a Collector in relation to the importation of the goods referred to in these Items.

Proposed regulation 2 omits subregulations 4Q(3) and (4) which are interpretation provisions relevant to Items 12, 13 and 14 of Schedule 7A and are consequential on the proposed omission of these Items.

The proposed Regulations will commence on gazettal.