delete Customs Amendment Regulations 2011 (No. 5)
Customs Amendment Regulations 2011 (No. 5) - Amends the Customs Regulations 1926 to prescribe additional kinds of prohibited imports for section 209T of the Customs Act 1901. The regulation cross-references multiple schedules of the Prohibited Imports Regulations (4A, 4B, 4BA, 4C, 4F, 4G, 4S, 4T, 4V, 4W, 5G) and various schedule items (2-17 of Schedule 8, items of Schedule 9, Parts of Schedule 11, Schedule 12, Schedule 13). Includes transitional provisions for post-importation permission applications.
This instrument expands the list of prohibited imports, directly restricting the freedom of Australians to purchase goods of their choosing through voluntary exchange. Prohibited import regimes: (1) impose compliance costs on importers requiring legal advice and compliance systems; (2) reduce consumer choice and purchasing power; (3) create rent-seeking opportunities for domestic producers who benefit from reduced competition; (4) disproportionately burden small importers who lack dedicated customs compliance resources; (5) add regulatory complexity through extensive cross-referencing to multiple schedules across different regulations. While some restrictions may serve legitimate safety or security purposes, blanket prohibitions on categories of goods represent a heavy-handed approach that prevents Australians from making their own risk assessments. The regulation was itself repealed after 18 months, suggesting even the government found it problematic or unnecessary. The inability to access the specific goods lists (contained in referenced regulations rather than this instrument) itself illustrates the compliance complexity created by layered regulatory approaches.