CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 5I   IMPORTATION OF CERTAIN ORGANOCHLORINE CHEMICALS  

5I(1)    
In this regulation:

authorised officer
means a person authorised under subregulation (1A).

Minister
means the Minister administering the Agricultural and Veterinary Chemicals Code Act 1994 .

5I(1A)    
The Minister may authorise, in writing, an officer of the Department administered by the Minister to grant permissions under this regulation.

5I(2)    
The importation into Australia of:

(a) goods, being certain organochlorine chemicals specified in items 2, 3, 10 and 11 of Schedule 9;

(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and

(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;

is prohibited unless:

(d) the Minister or an authorised officer has granted a permission in writing to import the goods; and

(e) the permission is produced to a Collector.

5I(2A)    
The importation into Australia of:

(a) goods, being certain organochlorine chemicals specified in items 1, 4, 5, 6, 7, 8, 9, 12 and 13 of Schedule 9; and

(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and

(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;

is prohibited unless:

(d) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 :

(i) a permission to import the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 ; and

(ii) the permission is produced to a Collector; or

(e) in any other case:

(i) the Minister or an authorised officer has granted a permission in writing to import the goods; and

(ii) the permission is produced to a Collector.

5I(2B)    
An application for a permission under paragraph (2)(d) or (2A)(e) must be:

(a) in writing; and

(b) lodged with an authorised officer.

5I(2C)    
An authorised officer may ask an applicant for a permission under paragraph (2)(d) or (2A)(e) to give to the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.

5I(3)    
Where, in relation to an application for a permission under subregulation (2) or (2A), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.

5I(4)    
Where an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.

5I(5)    
A permission granted under subregulation (2), (2A) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.

5I(6)    
Where:

(a) a permission granted under subregulation (2), (2A) or (4) is subject to a condition or requirement to be complied with by a person; and

(b) the person fails to comply with the condition or requirement;

the Minister may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.