Customs Amendment Regulations 2004 (No. 5) (Cth)

Customs Amendment Regulations 2004 (No. 5)1

Statutory Rules 2004 No. 2592

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 19 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

Contents

1Name of Regulations

These Regulations are the Customs Amendment Regulations 2004 (No. 5).

2Commencement

These Regulations commence as follows:

1. (a)

   on 22 September 2004 — regulations 1 to 3, and Schedule 1;

2. (b)

   at 2 am in the Australian Capital Territory on 6 October 2004 — Schedule 2.

3Amendment of Customs Regulations 1926

1. (1)

   Schedule 1 amends the Customs Regulations 1926, as amended by Schedule 1 to the Customs Amendment Regulations 2004 (No. 3).

2. (2)

   Schedule 2 amends the Customs Regulations 1926, as amended by Schedule 2 to the Customs Amendment Regulations 2004 (No. 3).

Note Customs Amendment Regulations 2004 (No. 3) (Statutory Rules 2004 No. 243), gazetted on Thursday 12 August 2004.

Schedule 1Amendments commencing on 22 September 2004

(regulation 3)

[1]After regulation 97A

insert

97BDeclarations by persons who use ACEANS — prescribed day of the month (Act s 114BC)

For paragraph 114BC (b) of the Act, the 7th day of the month is prescribed.

[2]Before regulation 99

insert

98DApplication for Certificate of Clearance — prescribed information (Act s 118)

For subsection 118 (3) of the Act, the following information is prescribed:

1. (a)

   a unique identifier assigned to the application by the person communicating it, being an identifier that, if the application is a second or subsequent application for a Certificate of Clearance for a single departure, indicates that fact;

2. (b)

   the Australian Business Number, or the number allocated by Customs, that identifies the person communicating the application;

3. (c)

   whether the application relates to the departure of:

   1. (i)

      a ship; or

   2. (ii)

      an aircraft;

4. (d)

   the code allocated by Customs (if any) to identify the place from which the ship or aircraft will depart;

5. (e)

   if the application relates to a ship:

   1. (i)

      the Australian Business Number, or the number allocated by Customs, that identifies the operator for the voyage; and

   2. (ii)

      the international vessel identification number of the ship; and

   3. (iii)

      the voyage number;

6. (f)

   if the application relates to an aircraft:

   1. (i)

      the code allocated by the International Air Transport Association to identify the operator for the flight; and

   2. (ii)

      the flight number assigned by the airline to identify the flight;

7. (g)

   the code (UN/LOCODE) allocated by the United Nations Economic Commission for Europe that identifies the first destination port or airport of the ship or aircraft (whether or not in Australia);

8. (h)

   the intended date of departure of the ship or aircraft;

9. (i)

   the intended time of departure of the ship or aircraft.

98ECertificate of Clearance — certain ships and aircraft (Act s 118A)

For subsection 118A (1) of the Act, a ship or aircraft is specified if:

1. (a)

   it is not carrying any goods, other than goods prescribed by regulation 100; and

Note The goods prescribed by regulation 100 are stores, ballast, certain accompanied baggage and the like.

1. (b)

   it is not a ship or aircraft in respect of which, on its last voyage to Australia from a place outside Australia, a report of cargo was required under section 64AB of the Act from:

   1. (i)

      in the case of a ship — the master or owner; or

   2. (ii)

      in the case of an aircraft — the pilot or owner.

[3]Regulation 99

substitute

99Documentary communication and withdrawal of export entries

1. (1)

   A document referred to in subsection 119D (1) of the Act may be sent to the relevant officer in accordance with that subsection:

   1. (a)

      if the document is a documentary export entry — by giving the document to a person employed at an authorised Australia Post outlet, for delivery to Customs; or

   2. (b)

      if the document is a documentary withdrawal of an export entry — by:

      1. (i)

         transmitting the document to Customs by fax at a fax number specified by Customs for the purpose; or

      2. (ii)

         posting the document by pre-paid post to a postal address specified by Customs for the purpose.

2. (2)

   An officer referred to in subsection 119D (1) of the Act who receives a document of a kind referred to in that subsection must promptly apply to the document a stamp denoting the time when the officer received it.

3. (3)

   A document to which a stamp has been applied under subregulation (2) is taken, for the purposes of

   subsection 119D (1) of the Act, to have been communicated to Customs at the time of receipt denoted by the stamp.

4. (4)

   In this regulation, authorised Australia Post outlet means an outlet:

   1. (a)

      owned and operated by Australia Post; or

   2. (b)

      licensed by Australia Post to a third party licensee, and operated by a licensee or manager who meets the ‘Gatekeeper’ criteria for accreditation of registration authorities managed by the Australian Government Information Management Office.

Note 1 A list of Australia Post outlets that operate the ‘Gatekeeper’ system may be found at 2 Information about the ‘Gatekeeper’ system may be found at the following website in the document “Gatekeeper Criteria for Accreditation of Registration Authorities”:

102 and 103

substitute

102Permission for clearance

For section 122 of the Act, a Certificate of Clearance may be granted in respect of a ship only if:

1. (a)

   an application for the certificate has been made under subsection 118 (2) or (5) of the Act; and

2. (b)

   an application has been made in accordance with Form 40.

Schedule 2Amendments commencing at 2 am in the Australian Capital Territory on 6 October 2004

(regulation 3)

[1]Paragraph 98A (1) (a)

substitute

1. (a)

   the prescribed particulars are as follows:

   1. (i)

      the relevant export entry advice number or the ACEAN;

   2. (ii)

      the Australian Business Number, or the number allocated by Customs, that identifies the shipping line or airline that will be used to export the goods;

   3. (iii)

      if a submanifest number has been allocated by Customs for the goods — the submanifest number;

   4. (iv)

      if the goods are transhipped goods — the number allocated by Customs to the goods;

   5. (v)

      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;

   6. (vi)

      if the goods are to be exported in a container and consigned by ship — the number of the container;

   7. (vii)

      if the goods are to be consigned by ship but not in a container — the voyage booking reference or the bill of lading reference;

   8. (viii)

      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

[2]Subparagraph 98A (2) (a) (v)

substitute

1. (v)

   if the goods meet the description of an item in Schedule 1AAB and:

   1. (A)

      for goods that meet the description in any of items 1 to 6 and have not been entered for export — the code mentioned in the item; or

   2. (B)

      for goods that meet the description in item 7 and have been entered for export — the code mentioned in the item; and

[3]After subregulation 98A (3)

insert

1. (4)

   For subsection 114E (5) of the Act, all goods are prescribed except the goods mentioned in Schedule 1AAC.

[4]Regulation 98B

substitute

98BNotices to Customs by person receiving goods (Act s 114F)

1. (1)

   For subsection 114F (1) of the Act, the airport on Horn Island is excluded from the application of section 114F of the Act.

2. (2)

   For subsection 114F (1A) of the Act, the prescribed period is within 3 hours after receipt of the goods.

3. (3)

   For subsection 114F (4) of the Act, all goods are prescribed except the goods mentioned in Schedule 1AAC.

[5]After Schedule 1AAA

insert

Schedule 1AABGoods for export — codes relating to descriptions

(paragraph 98A (2) (a) (v))

Item	Description	Code
1	Goods described in paragraph 113 (2) (a) of the Act	EXPE
2	Goods described in paragraph 113 (2) (b) of the Act	EXLV
3	Goods consigned by post or diplomatic bag of mail	EXML
4	Ship’s stores or aircraft’s stores (as defined in section 130C of the Act)	EXSP
5	Goods that have been delivered in accordance with a permission granted under section 162A of the Act	EXTI
6	Military goods that are the property of the Commonwealth, for use overseas by the Defence Force or part of the Defence Force	EXDD
7	Goods that have been entered by document under paragraph 126E (2) (b) of the Act during a period between the time the CEO gives notice of the occurrence mentioned in paragraph 126E (1) (a) of the Act and the time the CEO gives notice of the occurrence mentioned in paragraph 126E (1) (b) of the Act	EXCC

Note For item 1 — the goods described by paragraph 113 (2) (a) of the Act are the accompanied or unaccompanied personal or household effects of a passenger in, or a member of the crew of, a ship or aircraft.

For item 2 — the goods described by paragraph 113 (2) (b) of the Act are: goods with an FOB value not exceeding $2 000 (or prescribed value).

For item 5 — goods delivered in accordance with a permission granted under section 162A are goods that are only being imported temporarily.

For item 7 — goods referred to in this item are goods that have been entered ‘manually’ during a period when an information system is temporarily inoperative.

Schedule 1AACGoods for export — goods not exempt from sections 114E and 114F of the Act

(subsections 98A (4) and 98B (2))

Item	Goods
1	Goods consigned by air, other than livestock
2	Goods consigned by sea, in a container, whether open-roofed or not
3	Goods that are liquids, in a container of cylindrical shape designed for the purpose of transporting liquids (known as tanktainers)
4	Excisable goods and imported goods that, if manufactured in Australia, would be excisable goods, other than: (a) ship’s stores or aircraft’s stores (as defined in section 130C of the Act); or (b) fuel oil being exported in a bulk tanker
5	Machinery, other than new motor vehicles manufactured in Australia
6	Scrap metal, however packed
7	Goods packed in sealed or closed crates
8	Goods packed in metal, plastic, wood or cardboard boxes that conceal the contents
9	Goods sealed in drums

Notes

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, 165, 243 and 258.

2. Notified in the Commonwealth of Australia Gazette on 26 August 2004.