Customs Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 268

REGULATIONS UNDER THE CUSTOMS ACT 1901-1971.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1971.

Dated this eighteenth day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Minister of State for Customs and Excise.

———

Amendments of the Customs Regulations 

1. Regulations 37 and 38 of the Customs Regulations are repealed and the following regulation is substituted:—

“ 37. (1) Subject to this regulation, a person entering goods for home consumption under section 40a or section 68 of the Act shall furnish particulars of, and in relation to, the goods in accordance with a form of entry made available by the Comptroller for that purpose, setting out—

(a) the name of the port, airport or parcels post office at which the entry is lodged;

(b) the name of the owner of the goods and, where the entry is being made by an agent, the name of the agent;

(c) the name of the person making the entry and whether that person is the owner or his agent;

(d) the total number of packages to which the entry or entries refer and, if more than one entry relates to goods contained in that package, or in those packages, the consecutive position of the entry in the total number of entries being tendered;

 

* Notified in the Australian Government Gazette on 19 December 1973.

  Statutory Rules 1926, No. 203, as amended to date. For previous amendments of the Customs Regulations see footnote   to Statutory Rules 1973, No. 155, and see also Statutory Rules 1973. Nos. 155, 251 and 257.

(e) a full description of the goods including tariff, statistical and country of origin classification codes and details of any other factors which affect the amount of duty payable;

(f) the value for duty of the goods according to their tariff classification and the total value for duty of all the goods specified in the entry;

(g) whether conveyance of the goods was by sea, air or through the Post Office and the name of the ship or identification of the aircraft as the case may be when the conveyance was by sea or air;

(h) the date on which the goods arrived or are expected to arrive;

(j) the name of the port or airport at which the goods were loaded;

(k) the name of the supplier of the goods;

(l) the F.O.B. value of the goods in Australian currency;

(m) the landed (C.I.F. and E.) value of the goods in Australian currency;

(n) the total gross weight of the consignment;

(p) the name of the port or airport at which the goods have been or are expected to be discharged or the name of the parcels post office at which the goods have been, or will be received;

(q) the identification number of the bill of lading or air waybill relating to the goods;

(r) the identifying marks, brands and numbers shown on the package or packages, in which the goods are imported or, if imported in a shipping container or in shipping containers, the identifying number of the container or containers;

(s) the rate and amount of any duty payable, by tariff classification, and the total duty payable on the entry;

(t) the rate, amount and total amount of any sales tax payable on the entry or, where applicable, a certification by the owner that he is the holder of a Sales Tax Certificate and stating the identification number of that Certificate; and

(u) the total amount of money payable on the entry.

“ (2) A person entering goods for warehousing under section 40a or section 68 of the Act shall furnish particulars of, and in relation to the goods in accordance with a form of entry approved by the Comptroller for that purpose, setting out—

(a) the particulars specified in paragraphs (a) to (r) (inclusive) of sub-regulation (1);

(b) the name and identification code of the warehouse to which the goods are to be removed; and

(c) the rate of any sales tax applicable to the goods as at the date of importation.

“ (3) A person entering goods for home consumption under section 104 of the Act shall furnish particulars of, and in relation to the goods in accordance with a form of entry approved by the Comptroller for that purpose, setting out—

(a) the particulars specified in paragraphs (a) to (f) (inclusive) and (s) to (u) (inclusive) of sub-regulation (1); and

(b) the name and indentification code of the warehouse in which the goods are held.

“ (4) Where goods are being entered concessionally as the property of the Australian Government for home consumption or for warehousing under section 40a or section 68 of the Act or for home consumption under section 104 of the Act, the person making the entry shall furnish particulars of, and in relation to, the goods in accordance with a form of entry approved by the Comptroller for the respective purpose, setting out—

(a) the particulars specified in paragraphs (a) to (r) (inclusive); and

(b) the name of the particular Department or authority concerned and a certification by a duly authorized officer of that Department or authority that the goods are the property of the Australian Government and are not intended to be used for purposes of trade;

“ (5) Where goods are taken from a place for removal to a warehouse in pursuance of any entry for warehousing, the person making the entry shall ensure that a copy of the entry accompanies the goods to the warehouse.

“ (6) The penalty for contravention of sub-regulation (5) is Forty dollars.”.

2. Regulation 40 of the Customs Regulations is amended by omitting the words “ any of the last five preceding regulations ” and substituting the words “ regulation 35, 36, 37 or 39 ”.

3. Regulation 41 of the Customs Regulations is repealed.

4.