Customs Import Prohibition (High-power Laser Pointers) Order 2017

Reprint as at 5 December 2017

Coat of Arms of New Zealand

Customs Import Prohibition (High-power Laser Pointers) Order 2017

(LI 2017/15)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 13th day of February 2017

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the New Zealand Customs Service.

This order is made under section 54 of the Customs and Excise Act 1996—

(a)

on the advice and with the consent of the Executive Council; and

(b)

after the precondition specified in that section has been met.

Order

1 Title

This order is the Customs Import Prohibition (High-power Laser Pointers) Order 2017.

2 Commencement

This order comes into force on 1 March 2017.

Order: confirmed, on 5 December 2017, by section 8(c) of the Subordinate Legislation Confirmation Act 2017 (2017 No 47).

3 Interpretation

In this order, unless the context otherwise requires,—

Director-General means the chief executive of the Ministry of Health

high-power laser pointer means a device that,—

(a)

in the Director-General’s opinion, is of the kind commonly known as a laser pointer; and

(b)

is battery operated; and

(c)

is designed or intended to be operated while held in the hand; and

(d)

produces a coherent beam of optical radiation of low divergence; and

(e)

has a power output of greater than 1 milliwatt.

4 Importation of high-power laser pointers prohibited

The importation of high-power laser pointers is prohibited, except with the consent of, and subject to any conditions that are not inconsistent with this prohibition as may be imposed by, the Director-General.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 March 2017, continues the prohibition of the importation of high-power laser pointers contained in the Customs Import Prohibition (High-power Laser Pointers) Order 2013. High-power laser pointers may be imported only with the consent of, and subject to any conditions as may be imposed by, the chief executive of the Ministry of Health.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 30 June 2018, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(a) of that Act. If the order is confirmed, it will, under section 55 of the Customs and Excise Act 1996, expire on the close of 29 February 2020 unless it is revoked or extended before then.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement in 2013 to help inform the decisions taken by the Government relating to the contents of this order.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 16 February 2017.

Reprints notes
1 General

This is a reprint of the Customs Import Prohibition (High-power Laser Pointers) Order 2017 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Subordinate Legislation Confirmation Act 2017 (2017 No 47): section 8(c)