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

2017/15

Coat of Arms of New Zealand

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

Patsy Reddy, Governor-General

Order in Council

At Wellington this 13th day of February 2017

Present:
Her Excellency the Governor-General in Council

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.

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.

This order is administered by the New Zealand Customs Service.