Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1993 NO. 382

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 382

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 from Australia.

2)        The power conferred by the last preceding subsection may be exercised: ... (c) by 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 the goods is prohibited unless a licence, permission, consent or approval to import the goods or a elms of goods in which the goods are included has been granted as prescribed by the regulations; and ..."

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

The proposed Regulations amend the Pro-import Regulations to prohibit the importation into Australia of the following dangerous goods; nunchakus, crossbows, blowguns, blowpipes and ballistic knives, unless the permission of the Minister or an authorised person has been obtained.

This measure results from Government concerns to protect the community from the importation and harmful use of such dangerous weapons and the perceived need to act quickly to achieve such protection.

The regulations. which commence on gazettal, give effect to the Governments decision as follows:

Regulation 1 provides that the Pro-import Regulations are amended by the Regulations.

Regulation 2 amends Schedule 2 of the Pro-import Regulations by omitting item 18 and adding five new items which ensure that blowguns, blowpipes and darts for use in blowguns and blowpipes, nunchakus, crossbows and crossbow darts or bolts and ballistic knives are all prohibited importation unless the permission of the Minister or an authorised person, has first been, obtained.


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