CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1988 NO. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1988 NO. 64 - TABLE OF PROVISIONS 1. Principal Regulations 2. Interpretation 3. 4. Second Schedule 1988 No. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Customs (Prohibited Imports) Regulations. 1988 No. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 2 Interpretation 2. Regulation 2 of the Principal Regulations is amended by omitting from subregulation (1) the definition of "coffee". 1988 No. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 3 3. After regulation 4B of the Principal Regulations the following regulation is inserted: Importation of coffee "4C. (1) In this regulation, unless the contrary intention appears: 'Agreement' means the International Coffee Agreement 1983 made in London on 16 September 1982, to which Australia acceded on 30 September 1983 and which entered provisionally into force on 1 October 1983, and includes rules made under that Agreement by the Council; 'authorised person' means a person who is authorised in writing by the Minister to grant permission for the importation of coffee under subparagraph (4) (a) (ii); 'coffee' means the beans and cherries of the coffee tree, whether parchment, green or roasted, and includes ground, decaffeinated, liquid and soluble coffee; 'Council' means the International Coffee Council established by the Agreement; 'dried coffee cherry' means the dried fruit of the coffee tree; 'green coffee' means all coffee in the naked bean form before roasting; 'liquid coffee' means the water-soluble solids derived from roasted coffee and put into liquid form; 'Minister' means the Minister of State for Primary Industries and Energy; 'parchment coffee' means the green coffee bean contained in the parchment skin; 'roasted coffee' means green coffee roasted to any degree and includes ground coffee; 'soluble coffee' means the dried water-soluble solids derived from roasted coffee. "(2) The Minister may, by notice published in the Gazette, give notice: (a) that quotas are in operation under the Agreement; or (b) that a notice given under paragraph (a) is revoked on the ground that quotas have ceased to be in operation under the Agreement. "(3) During a period when notice has been given under paragraph (2) (a) and has not been revoked under paragraph (2) (b), the importation of coffee otherwise than in accordance with subregulation (4) is prohibited. "(4) Coffee may be imported during a period mentioned in subregulation (3): (a) if there is produced to the Collector in respect of the coffee: (i) a certificate valid under the Agreement for the exportation of the coffee from the country of exportation to Australia; or (ii) permission in writing granted by the Minister or by an authorised person for the importation of the coffee; or (b) if the quantity of coffee does not exceed in the case of: (i) dried coffee cherry-120 kilograms; (ii) green coffee-60 kilograms; (iii) liquid coffee-23 kilograms; (iv) parchment coffee-75 kilograms; (v) roasted coffee-50.4 kilograms; or (vi) soluble coffee-23 kilograms; or, in the case of an importation of any 2 or more of those forms of coffee, the equivalent of 60 kilograms of green coffee calculated on the basis that the quantities of coffee set out in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) are equivalent to each other. "(5) A permission granted under subparagraph (4)(a)(ii) 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. "(6) Where, in relation to an application for permission under subparagraph (4)(a)(ii) for the importation of coffee into Australia, an authorised person has formed an opinion that the permission should not be granted, the authorised person shall refer the application to the Minister. "(7) Where an application has been referred to the Minister under subregulation (6), the Minister may grant, or refuse to grant, the permission. "(8) In giving notice under subregulation (2), or granting or refusing a permission under this regulation, the Minister, and (where applicable) an authorised person, shall have regard to the relevant provisions of the Agreement and to relevant decisions made from time to time by the Council under the Agreement.". 1988 No. 64 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 4 Second Schedule 4. The Second Schedule to the Principal Regulations is amended by omitting item 7A. - NOTES 1988 No. 64*1* CUSTOMS (PROHIBITED IMPORTS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 29 April 1988. *2* Statutory Rules 1956 No. 90 as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309 and 383; 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 354, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321 and Act No. 75, 1981.