Customs Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 277 1

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Customs Regulations 2(Amendment)

I, The 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 1 September 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

D. BEDDALL

Minister of State for Small Business,

Construction and Customs

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1.   Commencement

1.1   Regulation 24 is taken to have commenced on 22 April 1922.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Customs Regulations are amended as set out in these Regulations.

3.   Regulation 19 (Working days and hours of business)

3.1   Omit the regulation, substitute:

Working days and hours of business

“19.

(1)  For the purposes of subsection 28 (1) of the Act:

• (a)

  the working days of the Customs for the performance of a function mentioned in column 2 of an item in the following table are the days set out in column 3 of that item; and

• (b)

  the working hours of the Customs for the performance of the function on a day set out in column 3 of that item in the following table are the hours set out in column 4 of that item:

 

Column 1 Item	Column 2 Function	Column 3 Working days	Column 4 Working hours
1	Boarding ships	Every day	6 am to 11 pm
2	Receiving documents relating to the reporting of the cargo, or the clearing, of ships	Monday to Friday, other than a public holiday	8.30 am to 4.51 pm
3	Attendance for the examination or clearance of ships’ cargo at wharfs or places appointed for the examination of goods on landing	Monday to Saturday, other than a public holiday	(a) Monday to Friday: 8 am to 5 pm
(b) Saturday: 8 am to 12 noon
4	Boarding aircraft	Every day	6 am to 11 pm
5	Receiving documents relating to the reporting of the cargo, or the clearing, of aircraft	Every day	6 am to 11 pm
6	Attendance for the examination or clearance of air cargo at airports	Every day	6 am to 11 pm

Column 1 Item	Column 2 Function	Column 3 Working days	Column 4 Working hours
7	Attendance for the examination of ship or aircraft passengers’ baggage	Every day	6 am to 11 pm
8	Attendance during the receipt, loading, discharge or delivery of air cargo or ships’ cargo	Every day	All hours
9	Receiving computer import entries transmitted to the Customs using the COMPILE computer system	Every day, other than a national public holiday	(a) Monday to Friday: 6 am to 10 pm (b) Saturday and Sunday: 6 am to 9 pm; according to the time in force in the Australian Capital Territory
10	Receiving documentary import entries communicated to the Customs, if done in the Northern Territory	Monday to Friday, other than a public holiday	8 am to 4.21 pm
11	Receiving documentary import entries communicated to the Customs, if done outside the Northern Territory	Monday to Friday , other than a public holiday	8.30 am to 4.51 pm
12	Receiving documentary export entries communicated to the Customs, if done in the Northern Territory	Monday to Friday, other than a public holiday	8 am to 4.21 pm

Column 1 Item	Column 2 Function	Column 3 Working days	Column 4 Working hours
13	Receiving documentary export entries communicated to the Customs, if done outside the Northern Territory	Monday to Friday, other than a public holiday	8.30 am to 4.51 pm
14	Receiving computer export entries transmitted to the Customs using the EXIT computer system	Every day	(a) Sunday to Friday: all hours (b) Saturday: 2 am to midnight
15	Any other function of the Customs, done in the Northern Territory	Monday to Friday, other than a public holiday	8 am to 4.21 pm
16	Any other function of the Customs, done outside the Northern Territory	Monday to Friday, other than a public holiday	8.30 am to 4.51 pm.

“(2)

In subregulation (1):

‘national public holiday’ means a day that is observed as a public holiday throughout Australia;

‘public holiday’ means a day that is observed as a public holiday at the place where the function is to be performed.”.

4.   Regulation 23aa (Authority to deal with goods)

4.1   Omit the regulation.

5.   Regulation 23ab (Suspension of authority to deal with goods)

5.1   Omit the regulation.

6.   Regulation 23a (Commercial documents)

6.1   Omit the regulation.

7.   Regulation 23b (Customs stamp)

7.1   Omit the regulation.

8.   Regulation 24 (Appropriate perforator)

8.1   Omit the regulation.

9.   Regulation 25 (Deposits by subscribers to Customs securities)

9.1   Subregulation 25 (1aa):

Omit “subsection 38b (4)”, substitute “subsection 71d (6)”.

9.2   Subregulation 25 (1a):

Omit the subregulation, substitute:

 “(1a) If, under subsection 71d (6) of the Act, an officer has required the owner of goods to verify particulars shown in the import entry in respect of the goods, a Collector may, before delivering the goods or giving an authority under section 71b of the Act to deal with the goods, take security from the owner in the manner set out in subregulations (1b) and (1c).

 “(1b) The security is a cash payment of the amount that the Collector considers necessary for compliance with the Act and for the protection of the revenue of the Customs.

 “(1c) If the Collector takes security from the owner of the goods, the Collector must enter into an agreement with the owner in the terms of Form 45a.”.

10.   Regulation 33 (Sight entry—making of)

10.1   Omit the regulation.

11.   Regulation 34 (Sight entry—part of contents of a package)

11.1   Omit the regulation.

 

12.   Regulation 35 (Sight entry—consequent examination of goods)

12.1   Omit the regulation.

13.   Regulation 36 (Entry—manner in which made)

13.1   Omit the regulation.

14.   Regulation 36a (Entries given electronically)

14.1   Omit the regulation.

15.   Regulation 37 (Entries for home consumption or warehousing: required particulars)

15.1   Omit the regulation.

16.   Regulation 38 (Entries, for home consumption or warehousing, given electronically: required particulars)

16.1   Omit the regulation.

17.   Regulation 39 (Entry for transhipment)

17.1   Omit the regulation.

18.   Regulation 42 (Delivery of goods for home consumption without entry)

18.1   Omit the regulation, substitute:

Information in relation to goods not requiring import entry

“41.

If a Collector requires an owner of goods to provide information under section 71 of the Act:

• (a)

  the owner must provide the information in an approved form or an approved statement; and

• (b)

  the owner must provide the information required by that form or statement; and

• (c)

  the form or statement must be signed in the manner required by that form or statement; and

• (d)

  the completed approved form or approved statement must be given to a Collector.

Particulars to be included in authority to deal with goods

“42.

For the purposes of paragraph 71b (5) (c) of the Act, an authority to deal with goods must include:

• (a)

  in the case of goods the entry of which was made by documentary import entry—the distinctive number given to the import entry by Customs; or

• (b)

  in the case of goods the entry of which was made by means of the COMPILE computer system—the entry number given to the import entry by that system.”.

19.   Regulation 108 (Manner of acceptance by Collector of estimated value of goods)

19.1   Omit “regulation 23aa”, substitute “subsection 71b (4) of the Act”.

20.   Regulation 126 (Circumstances under which refunds, rebates and remissions are made)

20.1   Subregulation 126 (1):

Insert after paragraph (d):

• “(da)

  all of the following conditions are satisfied:

  • (i)

    an import entry in relation to goods is withdrawn;

  • (ii)

    the amount of duty specified in the import entry in relation to the goods has been paid;

  • (iii)

    none of paragraphs (a), (b), (c) and (d) applies;”.

21.   New regulation 126a

21.1   Insert after regulation 126:

Remission of duty if an import entry is withdrawn

 “126a. (1)  This regulation applies to a person if the person pays an amount of duty (in this regulation called ‘duty 1’) in respect of imported goods and:

• (a)

  the person:

  • (i)

    withdraws the import entry in respect of the goods; and

  • (ii)

    makes another import entry in respect of the same goods (in this regulation called ‘the second entry’); or

(b) the import entry is taken to be withdrawn under section 71j of the Act because the person has amended the entry.

“(2)

If duty 1 is less than or equal to the amount of duty that would be payable in respect of the second entry or the amended entry (in this regulation called ‘duty 2’):

• (a)

  duty 2 is remitted to the extent of the amount of duty 1; and

• (b)

  the person is not entitled to a refund of duty 1.

“(3)

If duty 1 is greater than duty 2:

• (a)

  duty 2 is remitted to the extent of the amount of duty 1; and

• (b)

  the person is entitled to a refund of the amount by which duty 1 is greater than duty 2; and

• (c)

  the person is not required to apply for the refund; and

• (d)

  the person must present an authority for the refund issued to the person by Customs; and

• (e)

  the person is not required to pay the application fee under subsection 163 (1c) of the Act.”.

22.   Regulation 183AA (Anti-dumping: time for consideration of applications under subsection 269 TB (1) or (2) of the Act)

22.1   Omit the regulation.

23.   Schedule 1 (Forms)

23.1   Forms 10, 11 and 14:

Omit the forms.

23.2   Form 45aa:

Omit “Sub-section 38b (4), substitute “Subsection 71d (6)”.

23.3   Form 45aa:

Omit “sub-section 38b (4), substitute “subsection 71d (6)”.

23.4   Form 45aa:

Omit “section 39”, substitute “section 71B”.

23.5   Form 45aA:

Omit the heading, substitute:

 

 “FORM 45a Subregulation 25 (1c)

Australian Customs

 

MEMORANDUM OF CASH DEPOSIT UNDER SECTION 42

OF THE CUSTOMS ACT 1901 PENDING PRODUCTION

OF EVIDENCE UNDER SUBSECTION 71D (6) OF THE ACT”.

24.   Schedule 2 (Goods in respect of which concession orders must not be made)

24.1   After item 47, insert:

“47a	9403.10.00 to 9403.60.00 (inclusive)
“47b	9403.70.00	Baby walkers”.

24.2   Item 48 (column 2):

Omit “9403”, substitute “9403.80.00”.

24.3   After item 48, insert:

“48a 9403.90.00”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 September 1992.

2. 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

NOTES—continued

 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; 1983 Nos. 92, 93, 327, 328, 329 and 330 and Act No. 101, 1983; 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 and 175.