Customs Legislation Amendment (Flags) Regulations 2022
(F2022L00512)
4 April 2022
Customs Act 1901
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 |
|
1. The whole of this instrument |
1 July 2022. |
1 July 2022 |
|
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
|
Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1 Amendments
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.