Customs Amendment Regulations 2011 (No. 3) (Cth)

Customs Amendment Regulations 2011 (No. 3)¹

Select Legislative Instrument 2011 No. 203

I, QUENTIN BRYCE, 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 23 November 2011

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of Customs Regulations 1926                  2

4Amendment of Customs Regulations 1926                  2

Schedule 1Amendments commencing on day after registration 3

Schedule 2Amendments commencing on commencement of Schedules 1 and 2 to the Customs Amendment (Export Controls and Other Measures) Act 2011 4

Name of Regulations

These Regulations are the Customs Amendment Regulations 2011 (No. 3).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 3 and Schedule 1;

(b)on the commencement of Schedules 1 and 2 to the Customs Amendment (Export Controls and Other Measures) Act 2011 — regulation 4 and Schedule 2.

Amendment of Customs Regulations 1926

Schedule 1 amends the Customs Regulations 1926.

Amendment of Customs Regulations 1926

Schedule 2 amends the Customs Regulations 1926.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] Subregulation 128 (2)

omit

same import declaration or self‑assessed clearance declaration.

insert

same:

(a)import declaration; or

(b)self‑assessed clearance declaration; or

(c)return under subsection 69 (5), 70 (7) or 105C (2) of the Act.

[2] Schedule 1AAA

after

2208.70.00

insert

2208.90.00

Schedule 2 Amendments commencing on commencement of Schedules 1 and 2 to the Customs Amendment (Export Controls and Other Measures) Act 2011

(regulation 4)

[1] Regulation 23

omit

paragraph 30 (1) (d)

insert

paragraphs 30 (1) (d) and (e)

[2] Regulation 51

substitute

Refund of fees for warehouse licences

(1)In this regulation:

instalment period means:

(a)the period of 3 months commencing on the day on which an instalment is to be paid under paragraph 50B (2) (b); or

(b)a period of time commencing on the day on which an instalment is to be paid under subregulation 50B (3).

(2)For subsection 85 (4) of the Act, this regulation explains how to calculate a refund if a warehouse licence is cancelled.

(3)Use the table if:

(a)the licence fee was paid in instalments; and

(b)an instalment relates to the instalment period during which the licence was cancelled.

Step 1 Identify the number of complete days in the instalment period after the licence was cancelled.

Step 2 Identify the number of days to which the instalment relates.

Step 3
Multiply the amount of the instalment by the result of step 1 and divide the result by the result of step 2.

The result is the amount of the refund.

(4)Use the table if the licence fee was paid in full for a year or a part of a year.

Step 1 Identify the number of complete days in the year after the licence was cancelled.

Step 2 Identify the number of days to which the payment relates.

Step 3
Multiply the amount of the licence fee by the result of step 1 and divide the result by the result of step 2.

The result is the amount of the refund.

[3] Schedule 1AAD, item 2

substitute

Aviation Transport Security Act 2004

paragraph 77Q (1) (b)

subparagraph 77V (5) (b) (ii)

subparagraph 77VA (2) (e) (ii)

paragraph 77X (2) (g)

subsection 77Y (1)

paragraph 82 (3) (b)

paragraph 82A (1) (b)

subsection 86 (1)

subparagraph 86 (3) (b) (ii)

paragraph 86 (7) (e)

paragraph 87 (1) (b)

paragraph 96A (6) (b)

paragraph 96B (6) (b)

paragraph 112C (1) (b)

subparagraph 186A (1) (b) (ii)

Note

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