Statutory Rules 1997 No. 2851
__________________
Customs (Prohibited Imports) Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.
Dated 1 October 1997.
WILLIAM DEANE
By His Excellency’s Command,
CHRISTOPHER ELLISON
Minister for Customs and Consumer Affairs
____________
1. Amendment
1.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]
2. Regulation 2 (Interpretation)
2.1 Subregulation 2 (1):
Insert the following definition:
“‘kava’ means a plant of the species Piper methysticum or a preparation obtained from the plant or part of the plant;”.
3. Regulation 4S (Importation of lighters)
3.1 Subregulation 4S (5) (definition of “lighter”):
Omit the definition, substitute:
“‘disposable lighter’ means a flame producing device that is designed:
(a) to light cigarettes, cigars or pipes; and
(b) to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty;
‘lighter’ means a disposable lighter, novelty lighter or refillable lighter;
‘novelty lighter’ means a flame producing device that is designed:
(a) to light cigarettes, cigars or pipes; and
(b) either:
(i) to have an entertaining audio or visual effect (other than producing a flame) (for example, playing musical notes or displaying flashing lights); or
(ii) to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended to be used by, a young child (for example a cartoon character, drink, food, gun, musical instrument, toy, toy animal, vehicle or watch);
‘refillable lighter’ means a flame producing device that:
(a) is designed to light cigarettes, cigars or pipes; and
(b) is designed to be refilled with fuel; and
(c) has a customs value, determined under section 159 of the Customs Act 1901, of $2 or less.”.
4. Schedule 4 (Drugs)
4.1 After item 112A, insert:
“112B Kava”.
5. Schedule 6 (Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines and ammunition)
5.1 Part 1 (Tests):
After subparagraph 2.2 (d) (iv), insert:
“; or (e) the article is to be imported in the following circumstances:
(i) the article is to be imported only for transhipment to another country;
(ii) the Minister for Defence Industry, Science and Personnel, or a person authorised for regulation 13E of the Customs (Prohibited Exports) Regulations, has granted a licence or permission to export the article.”.
___________________________________________________________
NOTES
1. Notified in the Commonwealth of Australia Gazette on 8 October 1997.
2. Statutory Rules 1956 No. 90 as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129 and 254.