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Regulation 1 |

Schedule 1 | Amendment

Amendment | Schedule 1

Notes |

Customs (Prohibited Imports) Amendment Regulations 2004 (No. 4)^1
Statutory Rules 2004 No. 142^2
I, PHILIP MICHAEL JEFFERY, 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 24 June 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs

1	Name of Regulations
		These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2004 (No. 4).
2	Commencement
		These Regulations commence on the date of their notification in the Gazette.
3	Amendment of Customs (Prohibited Imports) Regulations 1956
		Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1	Amendment
(regulation 3)
  
[1]	After regulation 4V
insert
4W	Importation of cat or dog fur
	(1)	In this regulation:
authorised person means a person authorised in writing by the Minister for this regulation.
cat fur means the pelt or hair of an animal of the species Felis catus.
cat or dog fur product means a product or other thing that consists, wholly or partly, of cat fur or dog fur.
dog fur means the pelt or hair of an animal of the species Canis familiaris.
	(2)	The importation into Australia of cat fur, dog fur or a cat or dog fur product is prohibited unless:
	(a)	permission to import the goods has been granted under subregulation (3) and is in force; and
	(b)	the permission is produced to the Collector.
	(3)	The Minister, or an authorised person, may, on application, grant a permission, in writing, for the importation of cat fur, dog fur or a cat or dog fur product.
	(4)	An application:
	(a)	must be in writing; and
	(b)	must be lodged with the Minister or an authorised person.
	(5)	The Minister, or an authorised person, may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
	(6)	In deciding whether to grant a permission, the Minister, or an authorised person, may take into account any matter that the Minister or authorised person considers relevant.
	(7)	As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.
	(8)	A permission granted under subregulation (3):
	(a)	may specify conditions or requirements to be complied with by the holder of the permission; and
	(b)	for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.
	(9)	The Minister, or an authorised person, may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.
	(10)	If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.
	(11)	Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
	(a)	not to grant a permission; or
	(b)	to grant a permission subject to a condition or requirement; or
	(c)	to revoke a permission.
	(12)	Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:
	(a)	subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
	(b)	a person whose interests are affected by the decision may request a statement under section 28 of that Act.
	(13)	A failure to comply with subregulation (12) does not affect the validity of the decision.

Notes
1.	These Regulations amend 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, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75, 143, 213, 214, 215, 234 and 299; 2001 No. 60; 2002 Nos. 30, 81, 206, 331 and 332; 2003 Nos. 18, 26, 53, 54, 89, 97, 166, 210, 253, 309 and 321; 2004 Nos. 72, 108 and 121.
2.	Notified in the Commonwealth of Australia Gazette on 25 June 2004.

| Customs (Prohibited Imports) Amendment Regulations 2004 (No. 4) | 2004, 142

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2004 No. 142.doc25/06/2004 12:02 PM

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2004 No. 142.doc25/06/2004 12:02 PM

2004, 142 | Customs (Prohibited Imports) Amendment Regulations 2004 (No. 4) |

2004 No. 142.doc, 25/06/2004, 12:02 PM