Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument amends the Customs (Prohibited Imports) Regulations 1956 and Customs Regulation 2015 to allow goods bearing a State or Territory’s Arms, flag or seal (or a nearly resembling representation likely to deceive), to be imported through a single step process saving time for importers and the Australian Border Force, and aligns the import control process with the current streamlined Commonwealth process.
Administered by: Home Affairs
Registered 04 Apr 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Date of repeal 26 Oct 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 (Flags) Regulations 2022

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 31 March 2022

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 Imports) Regulations 1956                                                                            2

Customs Regulation 2015                                                                                                                    3

 


1  Name

                   This instrument is the Customs Legislation Amendment (Flags) Regulations 2022.

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

The later of:

(a) the day after this instrument is registered; and

(b) 25 March 2022.

5 April 2022
(paragraph (a) applies)

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 Imports) Regulations 1956

1  In the appropriate position before Schedule 1

Insert:

14  Transitional matters—amendments made by the Customs Legislation Amendment (Flags) Regulations 2022

             (1)  The amendments of this instrument, made by the Customs Legislation Amendment (Flags) Regulations 2022, apply in relation to goods imported into Australia on or after the commencement of this regulation.

             (2)  Item 10A of the table in Schedule 3 also applies on and after the commencement of this regulation in relation to goods:

                     (a)  specified in item 15 of the table in Schedule 2 as in force immediately before that commencement; and

                     (b)  covered by a permission:

                              (i)  granted under subregulation 4(1) or (1AB); and

                             (ii)  in force immediately before that commencement; and

                     (c)  imported into Australia on or after that commencement;

as if the conditions, restrictions or requirements specified in that table item in Schedule 3 were complied with for the goods.

Note:          An application:

(a)    for a permission under subregulation 4(1) or (1AB) to import goods mentioned in paragraph (2)(a); and

(b)    that is made before the commencement of this regulation; and

(c)    that has not been finally dealt with before that commencement;

lapses on that commencement.

2  Schedule 2 (table item 15)

Repeal the item.

3  Schedule 3 (table item 10, column headed “Conditions, restrictions and requirements”, paragraph (a))

After “for”, insert “the purposes of”.

4  Schedule 3 (after table item 10)

Insert:

 

10A

Goods to which, or the coverings to which, there is applied a representation of the Arms, a flag or a seal of a State or Territory or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory as to be likely to deceive

The goods must not be imported unless:

(a) the design of the representation has been approved in writing by:

(i) the head (however described) of the Department of State of the State or the Territory administered by the Premier of the State or the Chief Minister of the Territory; or

(ii) an officer (however described) of that Department who is authorised by that head to give such approval; and

(b) if the Collector asks the importer to produce the approval—the importer produces it

Customs Regulation 2015

5  Section 120 (table item 12, column headed “Kinds of prohibited imports”)

Omit “15 or”.

6  Section 120 (table item 13, column headed “Kinds of prohibited imports”)

Omit “or 10”, substitute “, 10 or 10A”.

7  In the appropriate position in Part 18

Insert:

161  Amendments made by the Customs Legislation Amendment (Flags) Regulations 2022

                   The amendments of this instrument made by the Customs Legislation Amendment (Flags) Regulations 2022 apply in relation to goods imported into Australia on or after the commencement of this section.