Imports and Exports (Restrictions) Amendment Act 2003

1: Title
1: This Act is the Imports and Exports (Restrictions) Amendment Act 2003.
2: In this Act, the Act that was previously called the Import Control Act 1988 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to enable New Zealand to give better effect to its international obligations to restrict the exportation of certain goods.
2: Amendments to Acts
4: Title repealed
The Long Title of the principal Act is repealed.
5: Name of principal Act changed
1: After the commencement of this section, the principal Act is called the Imports and Exports (Restrictions) Act 1988
2: Section 1(1) Import Control Imports and Exports (Restrictions)
6: Interpretation
1: Section 2(1) international obligation
a: the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
b: the Convention on Persistent Organic Pollutants, done at Stockholm on 23 May 2001; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
c: the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
d: the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region, done at Waigani on 16 September 1995; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand:
e: any other international obligation that is or becomes binding on New Zealand and that provides for the restriction on, or the prohibition of, the exportation of certain chemicals, products, organisms, wastes, or other substances that pose a risk to human health or to the environment Ministry
2: Section 2(1) Minister prescribed Minister prescribed section 3 or section 3A
3: Section 2(2) Customs place, exportation,
4: The principal Act is amended by repealing section 2(3)
3: Sections 1 to 4, and Parts 1, 2, 3, 4, 10, 12(except section 142), 13 (except sections 209 and 214), 14, 15, and 17 of the Customs and Excise Act 1996 Customs and Excise Act 1996
7: New
section 2A The principal Act is amended by inserting, after section 2
2A: Act binds the Crown
This Act binds the Crown.
8: Control of imports
1: Section 3 Prohibition of imports
2: Section 3 subsections (4) (5)
9: New
sections 3A to 3E The principal Act is amended by inserting, after section 3
3A: Prohibition of exports
1: The Governor-General, if satisfied that it is necessary to give effect to an international obligation, may, by Order in Council, prohibit the exportation from New Zealand of—
a: specified goods:
b: goods of a specified class or classes.
2: A prohibition may be—
a: general:
b: limited to the exportation of goods to a specified place or class of places:
c: limited to the exportation of goods to a specified person or class of persons:
d: limited to the exportation of goods by a specified person or class of persons:
e: absolute:
f: conditional.
3B: Conditional prohibition of exportation
1: A conditional prohibition allows the exportation of goods subject to—
a: the grant of a licence or permit by the Minister or a prescribed person; or
b: prescribed conditions.
2: The terms and conditions of a licence or permit must be consistent with the prohibition.
3: A conditional prohibition may require payment of consideration to the Crown in respect of the application for, or the granting of, a licence or permit.
3C: Forms
1: For the purposes of this Act, the chief executive of the Ministry may prescribe forms that he or she considers necessary.
2: In all proceedings, a document is sufficient evidence that a form was prescribed if it—
a: is signed by the chief executive of the Ministry; and
b: purports to be a prescribed form, an extract from a prescribed form, a copy of the form, or a copy of the extract.
3: A Court must take judicial notice of the signature of the chief executive of the Ministry to a prescribed form or to an extract or copy of a prescribed form.
3D: Order in Council not invalid
An Order in Council is not invalid because—
a: it leaves a matter to the discretion of the Minister or another person:
b: it authorises the Minister or another person to issue a licence or permit subject to conditions imposed or approved by the Minister.
3E: Other Acts not affected
The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation or exportation of any substances or goods, and nothing in this Act limits or otherwise affects any provisions.
10: Offences
1: Section 4(1) paragraph (a)
ab: exports, or transports with intent to export, goods from New Zealand in breach of an Order in Council made under section 3A
2: Section 4(1) paragraph (b)
b: commits any breach of, or fails in any respect to comply with, any term or condition on, or subject to, which there has been granted, under any Order in Council made under section 3 or section 3A
3: Section 4(2)(a) importation, exportation, transportation, shipment,
4: Section 4 subsection (3)
3: Subsection (3A) section 3 or section 3A
3A: A person commits an offence who—
a: knowingly makes a false declaration or statement for the purpose of obtaining the licence or permit:
b: knowingly makes a false declaration or statement as to compliance with a condition on, or subject to, which the licence or permit was granted:
c: otherwise knowingly makes a false declaration or statement in relation to the importation or exportation of the goods.
5: Section 4 subsections (6) to (9) section 3 or section 3A
11: Consequential amendment to
Temporary Safeguard Authorities Act 1987 Section 7(3)(b) Temporary Safeguard Authorities Act 1987 Import Control Act 1988 Imports and Exports (Restrictions) Act 1988