Commonwealth Numbered Regulations

1990 No. 39 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 1

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.".