{"id":"F2019L00522","name":"Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019","slug":"customs-prohibited-imports-importation-of-tobacco-products-approval-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99124,"registerId":"commonwealth-F2019L00522-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subregulation 4DA(9) of the Customs (Prohibited Imports) Regulations 1956.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n  Act means the Customs Act 1901.\n  cargo report has the same meaning as in subsection 4(1) of the Act.\n  Regulation means the Customs Regulation 2015.\n  tobacco product has the same meaning as in subsection 4(1) of the Act.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Approval of importation of tobacco products","content":"#### 5 Approval of importation of tobacco products\n\n  For the purposes of subregulation 4DA(9) of the Regulations, the importation into Australia of the following tobacco products is approved:\n    (a) tobacco products in excess of the amounts mentioned in paragraph 27(2)(g) of the Regulation that are imported:\n    (i) by a passenger on, or a member of the crew of, a ship or aircraft arriving in Australia, if the passenger or member is at least 18 years of age; or\n    (ii) as part of the unaccompanied personal or household effects of a passenger on, or a member of the crew of, a ship or aircraft arriving in Australia, if the passenger or member is at least 18 years of age;\n\n> Note: Paragraph 27(2)(g) of the Regulation refers to amounts in excess of 25 cigarettes or 25 grams of tobacco products.\n\n    (c) tobacco products imported into Australia where the cargo report in relation to the tobacco products states that the destination of the tobacco products is a place outside Australia;\n    (d) tobacco products imported for sale by military commissaries to persons the subject of a Status of Forces Agreement between the Government of Australia and the government of another country or other countries.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: creating specific exemptions to tobacco import prohibitions. It has not expanded beyond the three narrow categories of approved importation (personal traveller use, in-transit goods, and military commissary sales) established at its inception."},"complexity_factors":["Only 4 defined terms, all referencing external legislation rather than creating new definitions","Single operative provision (section 5) with straightforward conditional approvals","No nested exceptions or complex logical structures","Minimal cross-referencing — only points to three external legislative provisions (subregulation 4DA(9), paragraph 27(2)(g), and subsection 4(1) of the Act)","Total length is extremely short (approximately 250 words)","Plain English explanatory note included for the duty-free threshold"],"plain_english_summary":"This instrument creates three narrow exceptions to Australia’s general ban on importing tobacco, so certain tobacco brought by adult travellers, goods merely transiting Australia, and tobacco for sale in military commissaries under Status of Forces Agreements do not require an import permit. \n\nIt affects international travellers, carriers and military organisations, preventing routine travel, transit and authorised military sales from being criminalised by the blanket import prohibition."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument narrows the blanket prohibition in the Regulations by authorising targeted exceptions for specific persons and categories of tobacco imports (passengers/crew 18+ exceeding the 25 cigarette/25 g threshold; unaccompanied personal/household effects; cargo declared as destined outside Australia; military commissaries selling to SOFA persons) under subreg 4DA(9) (s 5; note referring to para 27(2)(g)). These approvals change which imports are permitted and create corresponding compliance and verification responsibilities for travellers, importers and Customs."},"complexity_factors":["Multiple cross‑references: relies on the Customs Act 1901 and Customs Regulation 2015 for key terms and thresholds (s 4; para 27(2)(g) referenced in s 5).","Definitions dependency: 'cargo report' and 'tobacco product' are defined by reference to the Act, requiring consultation of that statute to interpret obligations (s 4).","Categorical carve‑outs: separate approval streams for (a) passengers/crew (with an age threshold), (b) unaccompanied personal/household effects, (c) cargo declared destined outside Australia, and (d) military commissaries — each stream triggers different proof and control requirements (s 5).","Administrative verification burden: approvals depend on documentary proof (age, cargo report declarations, SOFA status) and on Customs' exercise of powers under subreg 4DA(9), creating operational checks for border officers (ss 3, 5).","Potential for circumvention and contested facts: allowance where cargo report states destination outside Australia creates a factual gateway that may be disputed, increasing compliance and enforcement complexity (s 5(c)).","Drafting oddity: numbering in s 5 omits a paragraph (no (b) shown), which may cause interpretive uncertainty about whether text is missing or renumbered."],"plain_english_summary":"This instrument authorises specific exceptions to the Customs (Prohibited Imports) Regulations for tobacco. It permits passengers or crew aged 18+ to import tobacco above the usual 25‑cigarette/25‑gram limit (including as unaccompanied personal or household effects), allows imports declared in a cargo report as destined outside Australia, and permits military commissaries to sell tobacco to persons covered by Status of Forces Agreements (ss 3–5).\n\nTravellers, importers and military suppliers bear compliance tasks (proof of age, cargo reporting); the approvals operate under subreg 4DA(9) and require Customs to verify declarations."}},"importantCases":[],"_links":{"self":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019","history":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019/history","analysis":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019/analysis","conflicts":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019/conflicts","importantCases":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019/important-cases","documents":"/api/acts/customs-prohibited-imports-importation-of-tobacco-products-approval-2019/documents"}}