Customs Amendment Regulation 2012 (No. 9) (Cth)

Customs Amendment Regulation 2012 (No. 9)¹

Select Legislative Instrument 2012 No. 276

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Customs Act 1901.

Dated 6 December 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JASON CLARE

Minister for Home Affairs

1. Name of regulation

This regulation is the Customs Amendment Regulation 2012 (No. 9).

1. Commencement

This regulation commences on the day after it is registered.

1. Amendment of Customs Regulations 1926

Schedule 1 amends the Customs Regulations 1926.

Schedule 1          Amendment

(section 3)

[1]          After regulation 96A

insert

96BNotices—service and receipt

(1)For subsections 112BB (1) and (2) of the Act, this regulation sets out:

(a)methods for giving a notice to a person; and

(b)the time at which the person is taken to have received a notice using the method.

Given personally

(2)The notice may be given to the person:

(a)at the last address notified to the Minister for the purpose of receiving notices; and

(b)by a person authorised by the Minister for this subregulation; and

(c)either:

(i)by giving it to the person; or

(ii)by giving it to a person who appears to work at that address in a management or executive position.

(3)The person is taken to have received the notice under subregulation (2) at the time at which it is given to the person.

Sent by registered mail

(4)The notice may be posted by registered mail to the person at the postal address last notified to the Minister for the purpose of receiving notices.

(5)The person is taken to have received the notice under subregulation (4):

(a)if the notice was posted from a place in Australia to an address in Australia—7 business days (at the place from which it was sent) after the date of the notice; or

(b)in any other case—21 days after the date of the notice.

Faxed, emailed or sent by other electronic means

(6)If the person has notified to the Minister a fax number, email address or other electronic address, for the purpose of receiving notices, the notice may be:

(a)faxed to the person at the fax number last notified to the Minister for that purpose; or

(b)sent to the person at the email address last notified to the Minister for that purpose; or

(c)sent to the person by any other electronic means to the electronic address last notified to the Minister for that purpose.

(7)The person is taken to have received the notice under subregulation (6) at the end of the day (in the person’s location) that it was sent or, if that day is not a business day, at the end of the next business day.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See