Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated    5 December 2024

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Tony Burke

Minister for Home Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Customs (Prohibited Imports) Regulations 1956

1  Name

  This instrument is the Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Customs Act 1901.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs (Prohibited Imports) Regulations 1956

1  Paragraphs 5J(2AB)(b) and (c)

Repeal the paragraphs, substitute:

 (b) remains in force for the period specified in the permission, which may be no more than 1 year from the day the permission is given.

2  Subregulation 5J(2B)

Repeal the subregulation, substitute:

 (2B) The Minister or an authorised person must not give permission to import prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 unless an application for the permission is received at the Australian Safeguards and Non‑Proliferation Office at least 30 days before the day when it is proposed to import the goods.

3  After subregulation 5J(2C)

Insert:

 (2D) Subregulation (2B) also does not apply to a permission to import prescribed goods for the purposes of either or both of the following:

 (a) the analysis of chemical samples on behalf of the Organisation for the Prohibition of Chemical Weapons established under the Chemical Weapons Convention, if those samples have been sent from or on behalf of that Organisation;

 (b) proficiency testing in relation to the analysis of chemical samples as described in paragraph (a).

4  After regulation 19

Insert:

20  Transitional matters—amendments made by the Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024

  The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024 apply in relation to a permission given on or after the commencement of that instrument.