Customs Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1261

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Customs Regulations2 (Amendment)

I, THE Administrator of the Government 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 13 June 1985.

James Ramsay

Administrator

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science for and on

behalf of the

Minister of State for Industry,

Technology and Commerce

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Limitation to payment of drawback of import duty

1. Regulation 133 of the Customs Regulations is amended by omitting “Minister” and substituting “Comptroller”.

Conditions relating to the payment of drawback of import duty

2. Regulation 134 of the Customs Regulations is amended by omitting from paragraph (8) (b) “Minister” and substituting “Comptroller”.

3. After regulation 138 of the Customs Regulations the following regulations are inserted:

Review by Administrative Appeals Tribunal

“138a. (1) An application may be made to the Administrative Appeals Tribunal for review of―

(a) a decision by the Comptroller under regulation 133; or

(b) a decision by the Comptroller under sub-regulation 134 (8).

“(2) In sub-regulation (1), ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.

 

S.R. 168/85 Cat. No. Recommended retail price 20c   10/7.6.1985

 

Statement to accompany notice of decisions

“138b. (1) Where the Comptroller makes a decision of a kind referred to in sub-regulation 138a (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests arc affected by the decision.

“(2) Any failure to comply with the requirement of sub-regulation (1) in relation to a decision does not affect the validity of the decision.”.

Transitional

4. Nothing in these Regulations affects the right of a person to apply to the Administrative Appeals Tribunal for review of a decision in relation to the drawback of import duty made by the Minister under regulation 133 or 134 of the Customs Regulations before the commencement of these Regulations.

  

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1985.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 12 and see also Statutory Rules 1985 Nos. 12, 71 and 76.

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