Customs (Import Licensing) Regulations (Cth)

STATUTORY RULES.

1939. No. 163.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1936.

Dated this twenty ninth day of November, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

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Customs (Import Licensing) Regulations.

Short title.

1. These Regulations may be cited as the Customs (Import Licensing) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“licence” means a licence granted in pursuance of these Regulations;

“licensing officer” means an officer authorized by the Minister to act as a licensing officer for the purpose of these Regulations.

Prohibition of imports.

3. The importation of any goods shall be prohibited unless—

(a)a licence to import the goods is in force and the terms and conditions (if any) to which the licence is subject are complied with; or

(b) the goods are excepted from the application of these Regulations.

Application of Regulations.

4. These Regulations shall apply with respect to the importation of any goods notwithstanding that a licence or other authority for the importation of the goods is in force under the provisions of any other law.

Saving of other laws.

5. The grant of a licence under these Regulations with respect to any goods or the exception of any goods from the application of these Regulations shall not absolve any person from the obligation to comply with the provisions of any other law relating to the importation of goods.

Applications for licences.

6.—(1.) Any person desiring to import goods not excepted from the application of these Regulations shall make application in accordance with such form as the Minister directs for a licence to import the goods.

* Notified in the Commonwealth Gazette on , 1939.

2001.—10/28.11.1939.—Price 3d.

 

(2.) The application shall be delivered, in such manner as the Minister directs, to the Collector at the port at which it is proposed to import the goods:

Provided that where the Minister so directs the application shall be delivered to the Comptroller-General of Customs.

Licence not to be applied for unless goods ordered.

7. A person shall not, except where the Minister otherwise approves, apply for a licence to import any goods unless he intends forthwith to give, to the overseas supplier, firm directions for the exportation to Australia of all of the goods (other than goods so exported at the date of the grant of the licence).

Notification of directions for exportation to Australia.

8.—(1.) Any person to whom a licence is granted shall, except insofar as the Minister otherwise directs—

(a)if firm directions for the exportation, to Australia, of all of the goods to which the licence relates (other than goods so exported at the date of the grant of the licence) are not despatched to the overseas supplier within one month after that date;

(b) if any firm directions so despatched are countermanded; or

(c) if all the goods are not imported within the time specified in the licence,

notify the Collector in writing accordingly.

(2.) In the last preceding sub-regulation the term “Collector” means the Collector at the port at which the licence was granted.

Additional information.

9. Every applicant for a licence shall supply to a licensing officer such information additional to that required in accordance with the form of application as the licensing officer requires.

Licences.

10. The Minister may grant a licence in respect of all the goods included in an application made in accordance with these Regulations or in respect of part only of such goods or may refuse to grant a licence.

Terms and conditions of licences.

11.—(1.) The Minister may grant any licence subject to such terms and conditions as he approves or determines.

(2.) The Minister may vary or modify the terms and conditions of any licence and may order that a licence granted free from terms and conditions shall be subject to such terms and conditions as he determines.

Revocation of licences.

12. The Minister may revoke any licence.

Licences not transferable.

13. A licence shall not be transferable.

Delegation.

14.—(1.) The Minister may, by writing under his hand, delegate to any licensing officer all or any of his powers of granting, refusing to grant and revoking licences and of approving, determining, varying and modifying the terms and conditions of licences, so that the delegated powers may be exercised by the delegate.

(2.) An appeal shall lie to the Minister from any decision of a licensing officer in pursuance of any power delegated to him by the Minister.

(3.) The decision of the Minister in any such appeal shall be final.

(4.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Minister.

 

Exceptions.

15.—(1.) The Minister may except from the application of these Regulations any goods or any classes of goods.

(2.) Without prejudice to the generality of sub-regulation (1.) of this regulation, the exception of any goods from the application of these Regulations may be limited to—

(a) goods produced or manufactured in any particular country or countries specified by the Minister;

(b)any goods to be imported in a manner, or at or within a time, specified by the Minister; or

(c) any goods to be used for a particular purpose specified by the Minister.

(3.) The Minister may vary or revoke any exception made in pursuance of this regulation.

Security.

16.—(1.) Before any licence is granted the applicant for the licence shall, if required so to do by the licensing officer, give security that he will order and import the goods in accordance with the particulars contained in the application, and will comply with the terms and conditions (if any) to which the licence is subject and with the requirements of these Regulations.

(2.) Any security given in respect of a licence shall, unless the licensing officer otherwise determines, be for a sum equal to twice the estimated value of the goods to which the licence relates.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.