Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1994 NO. 104

STATUTORY RULES 1994 No. 104

Issued by the Authority of the Minister for Small Business, Customs and Construction

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) 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 class 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.

Regulation 4K of the Pro-import Regulations prohibits the importation into Australia of woolpacks and woolpack caps unless the permission in writing to import the goods has been granted by the Minister for Primary Industries and Energy or an authorised person (subregulation 4K(1)) or if there is a certificate in respect of those goods issued under subregulations 4K(3) or 4K(4) by a prescribed testing authority stating the goods conform to a standard published by the Australian Wool Corporation (AWC).

The Australian Wool Research and Promotion Organisation Act 1993 commenced by proclamation on 1 December 1993. That Act, as far as it is relevant to the Pro-import Regulations, replaces the Australian Wool Corporation (AWC) with the Australian Wool Research and Promotion Organisation (AWRAP).

AWRAP have published new standards whereby goods conforming to those standards win be exempt from the import prohibition. The necessity has therefore arisen to amend the Pro-Import Regulations to reflect this reform. The amendments win allow importations of goods conforming to the previous standards published by the AWC up until 30 June 1994. It is considered that this will provide an adequate transitional arrangement to allow importers to have new certificates issued in respect of the relevant woolpacks and woolpack caps.

The Regulations implement these reforms as outlined below.

Regulation 1 - Amendment

Provides that the Pro-import Regulations are amended by the Regulations.

Regulation 2 - Interpretation

Subregulation 2.1 inserts a new definition of "Australian Wool Research and Promotion Organisation Standard" for the purposes of new subregulations 4K(3), (4), (5). (6) and (2).

Regulation 3 - Regulation 4K (Importation of woolpacks and woolpack caps)

Subregulation 3.1 amends subregulation 4K(1) to modernise the wording of that provision.

Subregulation 3.2 omits subregulations 4K(3), (4) and (5) and inserts new subregulations as follows:

New subregulation 4K(3) provides exceptions to the import prohibition specified in subregulation 4K(1) in respect of unused woolpacks consisting of high density polyethylene. The exceptions are where there is a certificate issued by a prescribed testing authority stating that the woolpacks conform to AWC Standard No. 1 published on 27 July 1990 and that this is produced to the Collector before 30 June 1990 paragraph (a)), or where there is a certificate issued by a prescribed testing authority stating that the woolpacks conform to AWRAP Standard No. 1 published on 10 February 1994 and that this is produced to the Collector (paragraph (b) .

New subregulation 4K(4) provides the same exceptions as outlined in new subregulation 4K(3) but in this case applying to unused wool packs consisting of jute conforming to AWC Standard No. 2 or AWRAP Standard No. 2.

New subregulation 4K(5) provides the same exception as outlined in new subregulation 4K(3) but in this case applying to unused wool packs consisting of Multifilament nylon conforming to AWC Standard No. 3 or AWRAP Standard No. 3.

New subregulation 4K(6) provides the same exception as outlined in new subregulation 4K(3) but in this case applying to unused wool pack caps conforming to AWC Standard No. 4 or AWRAP Standard No. 4.

New subregulation 4K(7) provides for a new exception to the import prohibition specified in subregulation 4K(1). It provides that the importation of unused premium grade woolpacks will be permitted provided there has been issued a certificate by a prescribed testing authority stating that the woolpacks conform to AWRAP Standard No. 5 published on 10 February 1994.

New subregulation 4K(8) provides for two definitions for the purposes of regulation 4K. The first defines "authorised person" as a person authorised in writing by the Minister for Primary Industries and Energy employed in the Department of Primary Industries and Energy. This amendment will ensure consistency with other amendments to the Pro-import Regulations which have taken into account concerns of the Senate Standing Committee on Regulations and Ordinances that a Minister's power of authorisation should not be unlimited, but should only exist in respect of his or her own department unless, of course, there are goods reasons for extending the power.

The second defines "prescribed testing authority" as an Australian or overseas testing authority approved by the Minister for Primary Industries and Energy on recommendation of AWC or AWRAP.