Customs Regulations (Amendment) (Cth)

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Statutory Rules

1991No. 129 1

__________________

  

Customs Regulations 2(Amendment)

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Customs Act 1901.

 

 Dated 19 June 1991.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

JOHN N. BUTTON

Minister of State for Industry,

Technology and Commerce

____________

 

1.   Commencement

1.1   Regulation 13 is taken to have commenced on 6 March 1991.

  

2.   Amendment

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

   

3.   Regulation 1a (Interpretation)

3.1   Add at the end:

 “(2)

In these Regulations, unless the contrary intention appears, a reference to a Form by number is a reference to the Form so numbered in Schedule 1.”.

  

4.   New regulations 27 to 31

4.1   After regulation 26 insert:

 

Prescribed officers: paragraph 64ab (4) (a) of the Act

“27.

A prescribed officer for the purposes of paragraph 64ab (4) (a) of the Act is an officer doing duty in relation to the receipt of documentary reports of cargo referred to in that paragraph.

 

Prescribed computer systems: paragraphs 64ab (5) (a) and 64ac (4) (a) and subsection 64ad (3) of the Act

 “28. The prescribed computer system for the purposes of paragraphs 64ab (5) (a) and 64ac (4) (a) and subsection 64ad (3) of the Act, is a computer system that is:

  • (a)

    linked to the computer system used by Customs at the time of the transmission of a report referred to in subsection 64ab (5) or 64ac (4) of the Act; and

  • (b)

    capable of transmitting the information set out in an approved statement referred to in paragraph 64ab (5) (b) or 64ac (4) (b) of the Act.

 

Prescribed identifying information: paragraphs 64ab (5) (c) and 64ac (4) (c) of the Act

 “29. For the purposes of paragraphs 64ab (5) (c) and 64ac (4) (c) of the Act, a number or an alphanumeric code that is issued by Customs to a person for the purposes of this regulation or for the purposes of this regulation and for other purposes is prescribed identifying information.

 

Prescribed officers: paragraph 64ac (3) (a) of the Act

 “30. A prescribed officer for the purposes of paragraph 64ac (3) (a) of the Act is an officer doing duty in relation to the receipt of documentary passenger and crew reports.

Prescribed manner of communication: subsection 64ad (1) of the Act

 “31. (1)  For the purposes of subsection 64ad (1) of the Act, the following manners of communication are prescribed:

  • (a)

    in the case of an impending arrival reported under section 64 of the Act—telecommunication of the report;

  • (b)

    in the case of a ship’s arrival that is reported under section 64aa of the Act—hand delivery of the report;

  • (c)

    in the case of a documentary report of cargo under section 64ab of the Act—delivery of the report by hand or post or as an electronic facsimile message;

  • (d)

    in the case of a documentary report of passengers and crew under section 64ac of the Act—delivery of the report by hand or post or as an electronic facsimile message.

 “(2)

A report referred to in subregulation (1) is taken to have been communicated to Customs on its receipt by Customs.

 “(3)

An officer of Customs who receives a document referred to in paragraph (1) (b), (c) or (d) must promptly apply to the document a stamp denoting the time when the officer received it.

 “(4)

A document to which a stamp has been applied under subregulation (3) is taken to have been communicated to Customs at the time denoted by the stamp.”.

  

5.   Regulation 31a (Notification of arrival)

5.1   Omit the regulation.

  

6.   Regulation 32 (Forms for inward report of ship or aircraft)

6.1   Omit the regulation.

  

7.   Regulation 45 (Unshipment of goods included in cargo report)

7.1   Subregulation 45 (1):

Omit “Form 6.”, substitute “the approved form.”.

7.2   Subregulation 45 (2):

Omit “Form 6a”, substitute “the approved form”.

8.   New regulations 46 and 47

8.1   After regulation 45, insert:

 

Unshipment of goods not included in cargo report

“46.

(1)   Goods that are not included in the report (if any) under section 64ab of cargo intended to be unshipped from a ship at a port may be unshipped at that port in accordance with a special Collector’s permit granted in accordance with this regulation.

 “(2)

An application for a special Collector’s permit must be in accordance with the approved form.

 

 “(3) A special Collector’s permit must not be granted unless a ship’s inward cargo adjustment report, in the approved form, relating to the goods to be unshipped has been delivered by hand or post, or as an electronic facsimile message, to an officer referred to in regulation 27.

 “(4)

Where an application is approved, a special Collector’s permit, in accordance with the approved form, is to be endorsed on a copy of the application, and the copy so endorsed is to be returned to the applicant.

 “(5)

If the holder of a special Collector’s permit contravenes, or fails to comply with, an undertaking given by the holder in the application for the permit, a Collector may cancel the permit.

 

Cancellation of conditions

“47.

If a condition to which a Collector’s permit, or a special Collector’s permit, to unship goods is subject is cancelled, notice of cancellation of the condition must be given in the approved form to the holder of the permit.”.

  

9.   Regulation 103 (Certificate of Clearance)

9.1   Omit the regulation, substitute:

 

Certificates of clearance

“103.

A certificate of clearance issued by Customs to the master of a ship or to the pilot of an aircraft must be in the approved form.”.

 

10.   Regulation 181 (Applications for concession orders: particulars prescribed)

10.1   Paragraph 181 (2) (c):

Omit “Tariff Concessions and Quotas”, substitute “Industry Development”.

  

11.   Regulation 182 (Notices under subsection 269h of the Act: matters prescribed)

11.1   Paragraph 182 (2) (c):

Omit “Assistant Comptroller-General of the Tariff Concession and Quota Branch”, substitute “Manager of the Industry Development Component”.

 

11.2   Paragraph 182 (2) (c):

Omit “that Assistant Comptroller-General”, substitute “that Manager”.

  

12.   Schedule 1

12.1   Omit the heading, substitute:

 

 “SCHEDULE 1 Subregulation 1a (2)

 

FORMS”.

 

12.2   Forms 1, 1a, 2, 5, 5aa, 6 and 6a:

Omit the Forms.

  

13.   Schedule 2 (Goods in respect of which concession orders not to be made)

13.1   Omit item 38, substitute:

 

“38 8702 and 8703 Vehicles having a gross vehicle weight of more than 2.72t, snowmobiles and other snowfield vehicles, all-terrain vehicles and vehicles commonly known as NASCAR racing cars”.

NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 21 June 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, 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 and 109.

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