Customs Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 343 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 20 October 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

D. BEDDALL

Minister of State for Small Business, Constructions and Customs

1.   Commencement

1.1  These regulations commence on 1 November 1992.

2.   Amendment

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

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

3.1   Paragraph 126(1) (p)

Add at the end:

• “; (q)

  duty has been paid on goods at a time when a TCO, made in respect of those goods under Part XVA of the Act, is in force or is taken to have come into force.”.

4.   Regulation 128A (Time for application for refund of duty)

4.1   After subregulation (4A) insert :

“(4B)

An application for a refund of duty in a circumstance specified in paragraph 126(1) (q) may be made within 12 months after the date on which :

• (a)

  the particular goods were entered for home consumption; or

• (b)

  the TCO was gazetted under section 269R of the Act ; or

• (c)

  a decision on an application for reconsideration under section 269SH of the Act was gazetted; or

• (d)

  a decision of the Administrative Appeals Tribunal on an application under paragraphs 273GA (1) (n), (o), (q) or (r) of the Act was made;

whichever happens last.”.

5.   Regulation 180 (Interpretation of regulations 181, 182 and 183)

5.1   Omit the regulation.

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

6.1   Omit the regulation.

7. Regulation 182 (Notices under subsection 269H of the Act: matters prescribed)

7.1    Omit the regulation.

8.   Regulation 183 (Prescribed manner of giving notice under subsection 269K (1) of the Act)

8.1   Omit the regulation.

9   Regulation 184 (Interpretation of regulation 185 and Schedule 2)

9.1   Subregulations (1) and (2) :

Omit the subregulations, substitute:

“(1)

In regulation 185 ‘TCO’ has the same meaning as it has in Part XVA of the Act.”.

10. Regulation 185 (Restrictions

on TCOs)

10.1 Omit the regulation,

 substitute:

“185.

For the purposes of subsection 269SJ (1) of the Act, a TCO should not extend to goods classified under a heading or subheading in Column 2 of an item in Schedule 2 unless the goods are listed in Column 3 of the item as goods to which this restriction does not apply.”.

11. Schedule 2 (Goods in respect of which concession orders must not be

made)

11.1   Omit from the heading to the Schedule “CONCESSION ORDERS”, substitute “TCOs”.

Transitional

12.1   Despite the repeal of regulations 180 to 183 (inclusive) and subregulations 184 (1) and (2) by these Regulations, those provisions continue in force in relation to each Commercial Tariff Concession Order within the meaning of the Customs Act 1901 made before the repeal of Part XVA of the Act by section 10 of the Customs Legislation(Tariff Concessions and Anti-Dumping ) Amendment Act 1992, or made after the repeal of that Part in accordance with subsection 20(2) of the latter Act.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 October 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,

 

NOTES— continued

 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 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 , 175, 277 (as amended by 1992 No. 326).and 328.