CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4ZA   IMPORTATION OF CERTAIN GOODS FROM ERITREA  

4ZA(1)   [ Definitions]  

In this regulation:

arms or related mat é riel
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).

4ZA(2)   [ Prohibition]  

The importation, from Eritrea, of arms or related mat é riel 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.

4ZA(3)   [ Application for permission]  

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.

4ZA(4)   [ Matters specified in permission]  

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.

4ZA(5)   [ Matters to be considered]  

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.

4ZA(6)   [ Minister may revoke or modify permission]  

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.

4ZA(7)   [ Permission by authorised employee]  

The Foreign Minister may authorise an SES employee or acting SES employee of the Department administered by the Foreign Minister to give permissions under this regulation.