Customs Amendment Regulations 2004 (No. 3) (Cth)
Customs Amendment Regulations 2004 (No. 3) 1
Statutory Rules 2004 No. 243 2
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Customs Act 1901 .Dated 5 August 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
These Regulations are the
Customs Amendment Regulations 2004 (No. 3) .
These Regulations commence as follows:
(a) on 22 September 2004 — regulations 1 to 3 and Schedule 1;
(b) at 2 am in the Australian Capital Territory on 6 October 2004 — Schedule 2.
Schedules 1 and 2 amend the
Customs Regulations 1926 .
(regulation 3)
substitute Receiving electronic communications to Customs in relation to goods intended for export and the departure of ships and aircraft (including, until abolition of the EXIT computer system, using that system)
omit
insert
97A Refusal to accept or deal with export declaration For subsection 114 (8) of the Act, Customs may refuse to accept or deal with an export declaration if:
(a) the intended day of exportation notified in the declaration is more than 6 months after the declaration is communicated to Customs; or
(b) any of the information required by an approved form under subsection 114 (3) of the Act or approved statement under subsection 114 (4) of the Act is not given in the declaration.
substitute
98 Export entry advices under section 114C of the Act
(1) If an export declaration for goods has been communicated to Customs electronically, the export entry advice for the goods under subsection 114C (1) of the Act must be given electronically or, if not able to be given electronically, in documentary form.
(2) If an export declaration for goods has been communicated to Customs in documentary form, the export entry advice for the goods under subsection 114C (1) of the Act may be given:
(a) by the delivery of the advice by an officer to the person who made the declaration; or
(b) by making the advice available for collection during business hours at a place within a Customs office that has been allocated to the person who made the declaration for collection of documents from Customs; or
(c) by transmitting the advice by facsimile transmission to a facsimile number nominated on the declaration by the person who made the declaration; or
(d) by posting the advice by pre-paid post to the postal address (which may be a post office box number) nominated on the declaration by the person who made the declaration.
(3) An export entry advice must contain:
(a) the export entry advice number by which the advice can be identified; and
(b) the identifying reference, specified in the export declaration to which the advice relates, of the person communicating the export declaration to Customs; and
(c) if the advice is a refusal to provide an authority to export the goods, an ‘error’ message.
omit
(regulation 3)
omit (including, until abolition of the EXIT computer system, using that system)
insert
For paragraph 99 (3) (c) of the Act, the goods mentioned in Schedule 1AAA are prescribed.
95AB Notices to Customs by holder of warehouse licence
(1) For subsection 102A (1) of the Act, the goods mentioned in Schedule 1AAA are prescribed.
(2) For subsection 102A (2) of the Act:
(a) the time at which the period begins is the time 24 hours before the estimated time of release of the goods; and
(b) the time at which the period ends is the time immediately before the goods are released.
(3) For subsection 102A (3) of the Act, the prescribed period is 3 hours after the return of the goods.
insert
98A Particulars about goods for export (Act s 114E)
(1) For subparagraph 114E (1) (a) (i) of the Act:
(a) the prescribed particular is:
(i) the relevant export entry advice number; or
(ii) the ACEAN; and
(b) the prescribed manner of giving the prescribed particular to the deliveree is in writing.
(2) For paragraph 114E (1) (b) of the Act:
(a) the prescribed particulars are:
(i) the Australian Business Number, or the number allocated by Customs, that identifies the shipping line or airline on which the goods will be exported; and
(ii) if the goods are entered for export — the export entry advice number or the ACEAN; and
(iii) if a submanifest number for the goods has been allocated by Customs — the submanifest number;
(iv) if the goods are transhipped goods — the number allocated by Customs to those goods; and
(v) if the goods have not been entered for export — the code (if any) that would apply to the goods as contained in the Customs Manual Volume 12, as in force on 22 September 2004; and
(vi) if the goods are described in paragraph 113 (2) (a) or 113 (2) (b) of the Act and there is no submanifest number for them — a description of the goods, the name of the owner of the goods and the country that is the final destination of the goods; and
(vii) if the goods are to be exported in a container and consigned by ship — the number of the container; and
(viii) if the goods are to be consigned by ship but not in a container — the voyage booking reference or the bill of lading reference; and
(ix) if the goods are to be consigned by ship — the international vessel identification number and the number of the voyage on which the goods will be exported; and
(x) if the goods are to be consigned by air — the number or reference of the air waybill on which the goods are listed and the flight number of the aircraft on which the goods will be exported; and
(b) the prescribed manner of giving the prescribed particular to the deliveree is in writing.
(3) For paragraph 114E (1) (c) of the Act, the prescribed period is 3 hours.
98B Notices to Customs by person receiving goods (Act s 114F) For subsection 114F (1A) of the Act, the prescribed period is within 3 hours after receipt of the goods.
98C Consolidation of certain goods for export (Act s 117AA)
(1) For section 117AA of the Act:
(a) a place described in a depot licence granted under section 77G of the Act for the packing of goods that are subject to the control of Customs under section 30 of the Act into receptacles for export is prescribed; and
(b) the goods mentioned in Schedule 1AAA are prescribed.
(2) For subsection 117AA (2) of the Act, the prescribed period is 3 hours.
(3) For subsection 117AA (4) of the Act, the prescribed period is 3 hours.
omit
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(regulation 95AA and subregulations 95AB (1) and 98C (1))
Goods classified to the following subheadings of the Australian Harmonized Export Commodity Classification (published by the Australian Bureau of Statistics):
2207.10.00
2207.20.00
2208.20.10
2208.20.90
2208.30.00
2208.40.00
2208.50.00
2208.60.00
2208.70.00
2401.10.00
2401.20.00
2401.30.00
2402.10.01
2402.10.02
2402.20.01
2402.20.02
2402.90.00
2403.10.10
2403.10.90
2403.91.00
2403.99.00
1. These Regulations amend Statutory Rules 1926 No. 203, as amended by 1927 Nos. 17, 95 and 121; 1928 Nos. 47, 57, 74 and 95; 1929 Nos. 25, 56 and 127; 1930 Nos. 91, 138 and 140; 1931 Nos. 16, 42 and 90; 1932 No. 90; 1933 Nos. 21, 105, 106 and 129; 1934 Nos. 109 and 127; 1935 Nos. 1, 41, 69 and 113; 1936 Nos. 49 and 163; 1938 No. 111; 1939 No. 157; 1940 Nos. 203 and 256; 1946 Nos. 127 and 161; 1947 Nos. 29, 83, 94 and 152; 1948 No. 156; 1949 Nos. 34, 78, 95 and 111; 1950 No. 17; 1951 Nos. 34, 38, 71, 99, 106, 109 and 159; 1952 No. 96; 1953 No. 102; 1954 No. 21; 1955 Nos. 15, 32 and 66; 1956 Nos. 71, 83, 91 and 127; 1957 Nos. 57 and 76; 1958 No. 86; 1959 No. 106; 1960 Nos. 29 and 70; 1961 Nos. 60 and 144; 1962 Nos. 102 and 103; 1963 No. 149; 1964 No. 141; 1965 Nos. 86, 121 and 194; 1966 Nos. 15 and 173; 1967; Nos. 9 and 179; 1968 No. 68; 1969 Nos. 69, 77, 133, 152 and 186; 1970 Nos. 104, 113 and 170; 1971 Nos. 9, 59 and 170; 1972 No. 96; 1973 Nos. 155, 251, 257 and 268; 1974 Nos. 29 and 112; 1976 Nos. 261 and 262; 1977 Nos. 68, 137 and 188; 1978 Nos. 32, 147, 180 and 195; 1979 Nos. 181, 275 and 277; 1980 Nos. 109, 255, 372 and 377; 1981 Nos. 162, 265 and 382; 1982 Nos. 140, 255, 311, 335 and 404 and Act No. 108, 1982; Statutory Rules 1983 Nos. 92, 93, 327, 328, 329 and 330 and Act No. 101, 1983; Statutory Rules 1984 Nos. 13, 18, 137, 319 and 462; 1985 Nos. 12, 71, 76, 126, 306 and 308; 1986 Nos. 77, 91, 94, 144, 174, 175, 176, 215, 248, 361, 363, 367 and 368; 1987 Nos. 72, 102, 103, 124, 140, 162, 244, 297 and 316; 1988 Nos. 111, 179, 207, 260 and 270; 1989 Nos. 100, 101, 159, 160, 161, 162, 163, 243, 260 and 409; 1990 Nos. 6, 8, 123, 147, 148, 189, 217, 220, 222, 248, 274 and 450; 1991 Nos. 30, 109, 129, 139, 140, 228, 290, 316 and 384; 1992 Nos. 72, 175, 277 (as amended by 1992 No. 326), 328, 343, 344, 447 and 464; 1993 Nos. 66, 158 and 339; 1994 Nos. 53, 82, 183, 311, 312, 351, 366, 367, 391 and 435; 1995 Nos. 99, 136, 244, 313, 321, 352, 423 and 424; 1996 Nos. 42, 43, 134, 326 and 327; 1997 Nos. 52, 70, 79, 89, 128, 131, 255, 284, 378, 379 and 422; 1998 Nos. 38, 101, 212, 229, 276 and 278; 1999 Nos. 35, 131, 149, 270, 323 and 330; 2000 Nos. 13, 74, 93, 141, 142, 173, 174, 210, 241, 252, 287, 349 and 350; 2001 Nos. 30, 63, 89, 119, 211 and 335; 2002 Nos. 28, 98, 138, 195, 256, 310, 328 and 329; 2003 Nos. 16, 51, 65, 178, 186, 227, 237, 249 and 319; 2004 Nos. 88 and 165.
2. Notified in the
Commonwealth of Australia Gazette on 12 August 2004.
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