CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 5J   IMPORTATION OF GOODS CONTAINING CERTAIN CHEMICAL COMPOUNDS  

5J(1)   [Definitions]  

In this regulation:

"authorised person"
means:

(a) an APS employee or SES employee of the Department of Foreign Affairs and Trade, authorised in writing by the Minister for Foreign Affairs to give permission to import prescribed goods into Australia for the purpose of this regulation; or

(b) a person holding a statutory office established under legislation administered by the Minister for Foreign Affairs, authorised in writing by the Minister to give permission to import prescribed goods into Australia for the purpose of this regulation.

"CAS number"
, for a chemical compound, means the Chemical Abstracts Service number, which is the registry number:

(a) assigned to the compound by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and

(b) published by the Service in the journal Chemical Abstracts ;

"Chemical Weapons Convention"
means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature in Paris on 13 January 1993;

"prescribed goods"
means goods containing any of the following chemical compounds:

(a) a chemical compound mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11;

(b) a chemical compound belonging to a group of compounds mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11.

[ NOTES:

(a) The Chemical Abstracts Service number of a chemical compound mentioned in column 2 of an item is shown in column 3 of the item.

(b) For chemical compounds mentioned by type in column 2 of an item in Part 2 of Schedule 11, Chemical Abstracts Service numbers for compounds comprising the type are not mentioned in column 3.]

5J(2)   [Imports from specific countries prohibited]  

The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is not a State Party to the Chemical Weapons Convention is prohibited absolutely.

5J(2A)   [Exceptions to prohibition]  

The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is a State Party to the Chemical Weapons Convention is prohibited unless:

(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and

(b) the permission is produced to the Collector.

5J(2AA)   [Imports of Pt 4 of Sch 11 goods prohibited]  

The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 4 of Schedule 11 is prohibited unless:

(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and

(b) the permission is produced to a Collector.

5J(2AB)   [Permission under reg 5J(2AA)]  

A permission under paragraph (2A) (a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 3 of Schedule 11, or under paragraph (2AA)(a):

(a) may be given for the importation of more than 1 shipment; and

(b) remains in force for 1 year from the day when it is given; and

(c) may be renewed for up to 3 further periods of 1 year.

5J(2AC)   [Exception]  

However, subregulations (2), (2A) and (2AA) do not apply to prescribed goods that contain a chemical compound mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, or a chemical compound belonging to a group of compounds mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, if:

(a) the chemical compound is less than 10%, by weight, of the goods; and

(b) there is no other chemical compound, or chemical compound belonging to a group of compounds, mentioned in Part 2, 3 or 4 of Schedule 11 in the goods.

5J(2B)   [Time limit to request permission]  

The Minister or an authorised person must not give permission to import prescribed goods unless an application for the permission is received at the Australian Safeguards and Non-Proliferation Office:

(a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 - at least 37 days before the day when it is proposed to import the goods; or

(b) in any other case - at least 7 days before the first day when it is proposed to import the goods.

5J(2C)   [Exceptions to application]  

However, subregulation (2B) does not apply to prescribed goods that contain saxitoxin if:

(a) there is not more than 5 milligrams of saxitoxin in the goods; and

(b) the goods are to be used for medical or diagnostic purposes only; and

(c) the goods do not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11.

5J(3)   [Referral of application to Minister]  

If an authorised person dealing with an application for a permission believes that the permission should not be given:

(a) the authorised person must refer the application to the Minister for Foreign Affairs; and

(b) that Minister may give, or refuse to give, the permission.

5J(4)   [Permission may include conditions]  

A permission for the importation of prescribed goods may:

(a) include conditions or requirements to be complied with by the holder of the permission; and

(b) set a time (being a time before or after the importation of the goods to which the permission relates) at or before which a condition or requirement must be complied with by the holder.

5J(5)   [Revocation of permission]  

The Minister for Foreign Affairs may revoke a permission if:

(a) it is subject to a condition or requirement; and

(b) the holder fails to comply with the condition or requirement (whether or not the person is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement).