Customs (Prohibited Imports) Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 14

I, QUENTIN BRYCE, 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 25 February 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

1 Name of Regulations

  These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2010 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

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 4Z

insert

4ZA Importation of certain goods from Eritrea

 (1) In this regulation:

arms or related matériel includes:

 (a) weapons; and

 (b) ammunition; and

 (c) military vehicles and equipment; and

 (d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

 (e) paramilitary equipment.

authorised person means a person authorised under subregulation (7).

Foreign Minister means the Minister for Foreign Affairs.

paramilitary equipment means any of the following:

 (a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

 (b) body armour, including:

 (i) bullet‑resistant apparel; and

 (ii) bullet‑resistant pads; and

 (iii) protective helmets;

 (c) handcuffs, leg‑irons and other devices used for restraining prisoners;

 (d) riot protection shields;

 (e) whips;

 (f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

 (2) The importation, from Eritrea, of arms or related matériel is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.

 (3) An application for the permission of the Foreign Minister or an authorised person under subregulation (2) must:

 (a) be in the approved form; and

 (b) contain the information required by the approved form; and

 (c) be signed as indicated by the approved form.

 (4) A permission to import goods granted under subregulation (2) may specify for the importation:

 (a) conditions or requirements, including times for compliance, to which the importation is subject; and

 (b) the quantity of the goods that may be imported; and

 (c) the circumstances in which the goods may be imported.

 (5) When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:

 (a) Australia’s relations with other countries; and

 (b) Australia’s obligations under international law.

 (6) The Foreign Minister may revoke or modify a permission granted under subregulation (2) if the Foreign Minister is satisfied on reasonable grounds that:

 (a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or

 (b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

 (7) The Foreign Minister may authorise an employee of the Department administered by the Foreign Minister to give permissions under this regulation.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.