Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Customs (Prohibited Exports) Regulations 1958, the Customs (Prohibited Imports) Regulations 1956 and the Customs Regulation 2015 to introduce a permit exemption for Australian police officers importing and exporting prohibited goods for law enforcement purposes. These regulations also make consequential amendments to align the definitions associated with specific prohibited goods with other legislative amendments.
Administered by: Home Affairs
Registered 21 Aug 2020
Tabling HistoryDate
Tabled HR24-Aug-2020
Tabled Senate25-Aug-2020
Date of repeal 02 Dec 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Customs Legislation Amendment (Objectionable Goods) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 20 August 2020

David Hurley

Governor‑General

By His Excellency’s Command

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs
Parliamentary Secretary to the Minister for Home Affairs

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Customs (Prohibited Exports) Regulations 1958                                                                            2

Customs (Prohibited Imports) Regulations 1956                                                                            2

Customs Regulation 2015                                                                                                                    3

 


1  Name

                   This instrument is the Customs Legislation Amendment (Objectionable Goods) Regulations 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

27 August 2020.

27 August 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Customs Act 1901.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Customs (Prohibited Exports) Regulations 1958

1  Paragraph 3(2A)(a)

After “counsel”, insert “, promote, encourage”.

2  Paragraph 3(2A)(c)

Before “risk”, insert “substantial”.

3  Subregulation 3(4)

Repeal the subregulation, substitute:

             (4)  The exportation of goods to which this regulation applies is prohibited unless:

                     (a)  a written permission to export the goods has been given by the responsible Minister or an authorised person; or

                     (b)  the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).

4  In the appropriate position in Part 5

Add:

20  Transitional matters—amendments made by the Customs Legislation Amendment (Objectionable Goods) Regulations 2020

                   A permission:

                     (a)  given under subregulation 3(4); and

                     (b)  in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the amending regulations);

has effect, from that commencement, as if it were a permission given under paragraph 3(4)(a) as amended by the amending regulations.

Customs (Prohibited Imports) Regulations 1956

5  Paragraph 4A(1B)(a)

After “counsel”, insert “, promote, encourage”.

6  Paragraph 4A(1B)(c)

Before “risk”, insert “substantial”.

7  Subregulation 4A(2)

Repeal the subregulation, substitute:

             (2)  The importation of goods to which this regulation applies is prohibited unless:

                     (a)  a written permission to import the goods has been granted by the responsible Minister or an authorised person; or

                     (b)  the goods are being imported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).

8  After regulation 11

Insert:

12  Transitional matters—amendments made by the Customs Legislation Amendment (Objectionable Goods) Regulations 2020

                   A permission:

                     (a)  granted under subregulation 4A(2); and

                     (b)  in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the amending regulations);

has effect, from that commencement, as if it were a permission granted under paragraph 4A(2)(a) as amended by the amending regulations.

Customs Regulation 2015

9  Section 4 (definition of child pornography)

Repeal the definition.

10  Section 131

Repeal the section, substitute:

131  Restricted goods

                   For the purposes of the definition of restricted goods in subsection 233BABAE(3) of the Act, items of child abuse material are prescribed.

11  Clause 3 of Schedule 7 (table items 3 and 7, column headed “Goods”, paragraph (b))

Omit “child pornography or”.