Customs Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 2701

Customs Regulations2 (Amendment)

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

Dated 27 October 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Barry O. Jones

Minister of State for Science, Customs

and Small Business

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Customs Regulations.

Interpretation

2. Regulation 1a of the Principal Regulations is amended:

(a) by omitting the definition of “primage duty”;

(b) by omitting “1901-1965” from the definition of “the Act” and substituting “1901”.

Wharfs: security for the protection of revenue

3. Regulation 3 of the Principal Regulations is amended by omitting from subregulation (4) “1901-1925” and substituting “1901”.

(S.R. 205/88)—Cat. No. 16/21.9.1988

Deposits by subscribers to Customs securities

4. Regulation 25 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) A subscriber to a Customs security may deposit with the Collector:

(a) cash;

(b) Commonwealth Bonds;

(c) negotiable instruments approved by the Collector; or

(d) any combination of cash, Bonds or negotiable instruments;

of a value equal to the full amount of the liability stated in the security.”.

Entry for home consumption or warehousing: required particulars

5. Regulation 37 of the Principal Regulations is amended:

(a) by omitting from paragraph (2) (a) “(a) to (r) (inclusive) of sub-regulation (1)” and substituting “(1) (a) to (r) (inclusive)”;

(b) by omitting paragraph (2) (c);

(c) by omitting from paragraph (3) (a) “(a) to (f) (inclusive) and (s) to (u) (inclusive) of sub-regulation (1)” and substituting “(1) (a) to (f) (inclusive) and (s) to (u) (inclusive)”;

(d) by omitting subregulation (4) and substituting the following subregulation:

“(4) Where goods are owned by the Commonwealth at the time they are entered for home consumption or warehousing under section 68 of the Act or for home consumption under section 99 of the Act and are not intended to be used for the purposes of trade, being:

(a) goods for use by a Department within the meaning of the Public Service Act 1922 prescribed by by-law in relation to those goods; or

(b) goods for use by an authority or body established for a purpose of the Commonwealth, being an authority or body prescribed by by-law in relation to those goods;

then for the purposes of section 36 or 37 of the Act, as the case may be:

(c) the particulars specified in paragraphs (1) (a) to (r) (inclusive) are required to be contained in the entry; and

(d) a statement in writing, in a form approved by the Comptroller in writing, is to be lodged with the entry, being a statement by a duly authorised officer of a Department or body or an authority:

(i) that the goods are owned by the Commonwealth; and

(ii) that the goods are not intended to be used for the purposes of trade.”.

Calculation of duty where applicable

6. Regulation 72 of the Principal Regulations is amended:

(a) by omitting from subregulation (2) “two” and substituting “2”;

(b) by omitting from paragraph (2) (c) “the last preceding paragraph” and substituting “paragraph (b)”;

(c) by omitting from paragraph (2) (c) “, disregarding the operation of section 20 of the Customs Tariff 1966”;

(d) by omitting from subregulation (2a) “the last preceding sub-regulation” and substituting “subregulation (2)”;

(e) by omitting from subregulation (2b) “The last preceding sub-regulation” and substituting “Subregulation (2a);

(f) by omitting from subregulation (4) “1921-1950” and substituting “1921”.

Australian Harmonized Export Commodity Classification document

7. Regulation 99b of the Principal Regulations is amended by omitting from subregulation (1) “January” and substituting “July”.

Ship’s stores

8. Regulation 106 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (b) “twenty-five” and substituting “25”;

(b) by omitting from paragraph (1) (c) “twenty-five” and “fifty” and substituting “25” and “50” respectively;

(c) by omitting from paragraph (1) (d) “one hundred and twenty” and substituting “120”;

(d) by omitting from subregulation (5) “the last two preceding sub-regulations” and substituting “subregulations (3) and (4)”;

(e) by omitting from subregulation (5) “of this regulation”;

(f) by omitting from subregulation (6) “(2) of section 130b” and substituting “130b (2)”.

Conditions relating to the payment of drawback of import duty

9. Regulation 134 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “the next succeeding regulation” and substituting “regulation 135”;

(b) by omitting from subparagraphs (2) (a) (i) and (ii) “six” and substituting “6”;

(c) by omitting from paragraph (2) (c) “Two dollars” and substituting “$2”;

(d) by omitting from subparagraph (2) (c) (i) “and 130 of these Regulations” and substituting “or 130”;

(e) by omitting from subparagraph (2) (c) (ii) “of these Regulations”;

(f) by omitting from subregulation (3) “the last preceding sub-regulation” and substituting “subregulation (2)”;

(g) by omitting from subregulation (3) “of these Regulations”;

(h) by omitting from paragraph (3) (c) “of this regulation”;

(i) by omitting from subregulation (4) “the next succeeding sub-regulation” and substituting “subregulation (5)”;

(j) by omitting from subregulation (5) “(b) of the last preceding sub-regulation” and substituting “(4) (b)”;

(k) by omitting from subregulation (6) “of this regulation”;

(l) by omitting from subregulation (7) “of these Regulations” and “of this regulation”;

(m) by omitting from subregulation (8) “(a) of sub-section (2) of this regulation” and substituting “(2) (a)”.

Exemption from regulation 134

10. Regulation 135 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “the next succeeding sub-regulation” and “the last preceding regulation” and substituting “subregulation (2)” and “regulation 134” respectively;

(b) by omitting from subregulation (2) “the last preceding regulation” and substituting “regulation 134”.

Claims by exporters exempted from regulation 134

11. Regulation 136 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “of these Regulations”;

(b) by omitting from subregulation (1) “twenty-one” and substituting “21”;

(c) by omitting from subregulation (2) “of these Regulations”;

(d) by omitting from paragraph (2) (a) “the last preceding sub-regulation” and substituting “subregulation (1)”;

(e) by omitting from paragraph (2) (c) “the next succeeding sub-regulation” and substituting “subregulation (3)”;

(f) by omitting from subregulation (3) “of these Regulations”.

Receipts for goods

12. Regulation 191 of the Principal Regulations is amended:

(a) by omitting from subregulation (2) “the last preceding sub-regulation” and substituting “subregulation (1)”;

(b) by omitting from subregulation (2) “of these Regulations”.

Schedule 1

13. Schedule 1 to the Principal Regulations is amended:

(a) by omitting from Form 45aa “1901-1950” (wherever occurring) and substituting “1901”;

(b) by omitting from the heading to Form 45a “CUSTOMS ACT 1901-1935” (wherever occurring) and substituting “CUSTOMS ACT 1901”;

(c) by omitting from Form 45a “1901-1935” and substituting “1901”;

(d) by omitting from Forms 61, 67 and 68 “1901-1925” and substituting “1901”.

Schedule 2

14. Schedule 2 to the Principal Regulations is amended by omitting from item 8 “Prepared room deodorisers”.

Further amendments of the Principal Regulations

15. The Principal Regulations are further amended as set out in the Schedule.

SCHEDULE Regulation 15

FURTHER AMENDMENTS OF THE PRINCIPAL REGULATIONS

Provision amended	Omit	Substitute
Subregulation 23b (2)...................	the last preceding sub-regulation	subregulation (1)
Paragraph 42 (1) (c)......................	either of the last two preceding paragraphs	paragraph (a) or (b)
Paragraph 42 (1) (e)......................	the eighteenth day of May, 1956	18 May 1956
Subregulation 42 (2).....................	(ca) and (d) of the last preceding sub-regulation	(1) (ca) and (d)
Subregulation 43 (1).....................	(b) of sub-section 72 (1)	72 (1) (b)
Subregulation 43 (2).....................	(b) of sub-section 72 (4)	72 (4) (b)
Subregulation 75 (1).....................	the provisions of
Regulation 80..............................	Customs
Subregulation 107 (2)...................	the last preceding sub-regulation	subregulation (1)
Subregulation 124 (3)...................	(1) of section 162	162 (1)
Paragraph 126 (d).........................	1908-1973	1908
Paragraph 126 (j)..........................	1957-1973	1957
Subregulation 127 (5)...................	1957-1973	1957
Subregulation 127 (6)...................	(k) of regulation 126	126 (k)
Paragraph 127 (6) (a)....................	1 per centum	1%
Paragraph 127 (6) (b)...................	3 per centum	3%
Paragraph 128a (1) (a)..................	(a), (b) or (c) of regulation 126	126 (a), (b) or (c)
Subregulation 128a (2).................	(d) of regulation 126	126 (d)
Subregulation 128a (4).................	(f) of regulation 126	126 (f)
Subregulation 128b (2).................	(4) of regulation 127	127 (4)
Subregulation 129 (3)...................	of this regulation

SCHEDULE— continued

Provision amended	Omit	Substitute
Subregulation 129 (4)...................	the last preceding sub-regulation	subregulation (3)
Subparagraph 130 (b) (iii).............	twelve (wherever occurring)	12
Paragraph 130a (a).......................	(iii) of paragraph (b)	(b) (iii)
Paragraph 130a (b).......................	(iii) of paragraph (b) of that regulation	130 (b) (iii)
Regulation 130a..........................	(iii) of paragraph (b) of regulation 130	130 (b) (iii)
Regulation 133.............................	of these Regulations
Regulation 162b...........................	(1) of section 183k	183k (1)
Regulation 171.............................	1901-1925	1901
Paragraph 190 (g).........................	fourteen	14

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 November 1988.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 111 and see also Statutory Rules 1988 Nos. 111, 179, 207 and 260.

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