CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1990 NO. 39 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1990 NO. 39 - TABLE OF PROVISIONS 1. Importation of objectionable goods Regulation 4A of the Customs 1990 No. 39 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 1 Importation of objectionable goods Regulation 4A of the Customs Regulation 4A of the Customs (Prohibited Imports) Regulations is amended: (a) by omitting subparagraph (1A) (a) (iv) and substituting the following subparagraph: "(iv) promote, incite or instruct in matters of crime or violence; or"; (b) by inserting after subregulation (2) the following subregulation: "(2AA) In considering whether to grant a permission under subregulation (2), the Attorney-General or the person authorised by the Attorney-General is to have regard to: (a) the purposes for which the goods are to be imported; and (b) the extent to which the person to whom any permission to import the goods would be granted conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and (c) the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and (d) the ability of that person to meet conditions that may be imposed under subregulaton (3) in relation to the goods; and (e) any other relevant matters."; (c) by adding at the end the following subregulations: "(4) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Attorney-General under subregulation (2): (a) refusing to grant a permission; or (b) granting a permission subject to conditions by the person to whom the permission was granted subject to conditions. "(5) The Attorney-General may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the Attorney-General and should not be reviewable by the Administrative Appeals Tribunal. "(6) The Attorney-General is to give a copy of a certificate to the person to whom permission was refused or given subject to conditions under subregulation (4). "(7) A certificate must include a statement of the grounds on which the certificate is issued. "(8) While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (4) does not apply to that permission or refusal. "(9) The Attorney-General is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued. "(10) Subject to subregulation (6), if the Attorney-General: (a) refuses to grant a permission to a person; or (b) grants a permission to a person subject to conditions; he or she is to inform the person of the decision by notice in writing within 30 days after making the decision. "(11) A notice under subregulation (10) must include: (a) a statement to the effect that application may be made to the Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision to which the notice relates; and (b) except where subsection 28 (4) of that Act applies-a statement to the effect that a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes the reasons for the decision. "(12) A contravention of subregulation (11) in relation to a decision does not affect the validity of the decision.". - NOTES 1990 No. 39*1* CUSTOMS (PROHIBITED IMPORTS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 27 February 1990. *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, 369 and 383 and Act No. 75, 1981; 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; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379.