Customs Regulations (Amendment) (Cth)

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Rules1991No. 228 1

__________________

  

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 25 July 1991.

 

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

D. BEDDALL

Minister of State for Small Business and Customs

____________

 

1.   Commencement

1.1   These Regulations commence on 29 July 1991.

  

2.   Amendment

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

  

3.   Regulation 23AA (Authority to deal with goods)

3.1   Subregulation 23AA (1):

Omit “made”, substitute “given under subregulation 36 (1)”.

  

3.2   After subregulation 23AA (1), insert:

 

“(1A) An authority given under section 39 of the Act for goods to be dealt with in accordance with an entry given under regulation 36a by means of the COMPILE 3 computer system must:

  • (a)

    be given by means of that system to the COMPILE 3 user whose personal user identification number was given with the entry; and

(b)

set out:

 (i) the name of the owner of the goods; and

 (ii) the name of any customs agent, within the meaning of subsection 180 (1) of the Act, of the owner of the goods; and

 (iii) the entry number given by Customs for the entry; and

 (iv) if the authority is given subject to a condition referred to in subsection 39 (2) of the Act—that condition; and

 (vii) the date on which the authority is given.”.

  

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

4.1   Subregulation 36 (1):

After “Collector” (first occurring) insert “, other than an entry given under regulation 36A,”.

 

4.2   Subregulation 36 (2):

Omit “under subsection 36 (1) of the Act”, substitute “given under subregulation (1)”.

  

5.   New Regulation 36A

5.1   After regulation 36, insert:

 

Entries given electronically

“36A. For the purposes of sections 36 and 37 of the Act, an entry may be given electronically by means of the COMPILE 3 computer system used by Customs on 29 July 1991 for the purpose of handling entries.”.

       

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

6.1   Subregulation 37 (1):

After “entry” (first occurring) insert “, other than an entry given under regulation 36A,”.

 

6.2   Subregulation 37 (2):

After “entry” (first occurring) insert “, other than an entry given under regulation 36A,”.

 

6.3   Subregulation 37 (3):

After “entry” (first occurring) insert “, other than an entry given under regulation 36A,”.

 

6.4   Subregulation 37 (4):

Omit the subregulation.

  

7.   New Regulation 38

7.1   After regulation 37, insert:

 

Entries, for home consumption or warehousing, given electronically: required particulars

“38.

(1) For the purposes of sections 36 and 37 of the Act, an entry given by means of the COMPILE 3 system for goods entered for home consumption under section 68 of the Act must set out:

(a)

the name of the person giving the entry; and

(b)

a statement that the person giving the entry is:

 (i) the owner of the goods; or

 (ii) the customs agent, within the meaning of subsection 180 (1) of the Act, of the owner of the goods; and

  • (c)

    the personal user identification number allocated by Customs to the person giving the entry; and

  • (d)

    the reference of the owner of the goods, being a reference by which documents relating to the goods can be identified by the owner; and

  • (e)

    if the owner of the goods is represented by a customs agent—the reference of the customs agent, being a reference by which documents relating to the goods can be identified by the customs agent; and

       
  • (f)

    a statement that every authority that is required to be given under the Quarantine Act 1908, or another law of the Commonwealth (other than section 39 of the Act), for the goods to be dealt with has, or has not, been given, as the case requires; and

  • (g)

    a statement that every permission that is required to be given under a law of the Commonwealth (other than section 39 of the Act) for the goods to be imported has, or has not, been given, as the case requires; and

  • (h)

    the particulars mentioned in paragraphs 37 (1) (b), and (d) to (u) (inclusive).

 “(2)

For the purposes of sections 36 and 37 of the Act, an entry given by the COMPILE 3 system for goods entered for warehousing under section 68 of the Act must set out:

  • (a)

    the particulars mentioned in paragraphs 37 (1) (b), and (d) to (r) (inclusive) and 37A (1) (a) to (g) (inclusive); and

  • (b)

    the name and identification code of the warehouse to which the goods are to be removed.

 “(3)

For the purposes of sections 36 and 37 of the Act, an entry given by the COMPILE 3 system for goods entered for home consumption under section 99 of the Act must set out:

  • (a)

    the particulars mentioned in paragraphs 37 (1) (b), (d) to (f) (inclusive), (r) to (u) (inclusive) and 37A (1) (a) to (g) (inclusive); and

  • (b)

    the name and identification code of the warehouse in which the goods are held.”.

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NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 26 July 1991.

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, 106, 109 and 159; 1952 Nos. 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,

NOTES continued

 

 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; 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; 1983 Nos. 92, 93, 327, 328, 329 and 330; 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 and 140.

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