Customs Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 3301

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Customs Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901,[D1] hereby make the following Regulations under the Customs Act 1901.

Dated 21 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(sgd) John N. Button

Minister of State for Industry and Commerce

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Principal Regulations

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

2. After regulation 23 of the Principal Regulations the following regulations are inserted:

Authority to deal with goods

“23aa. An authority under section 39 of the Act for goods to be dealt with in accordance with the entry made in respect of the goods shall be in writing signed by a Collector (in this regulation referred to as the ‘relevant Collector’) inscribed on, or attached to, a copy of the entry and containing the following particulars:

(a) the heading ‘Australian Customs’;

(b) the number allotted by the Comptroller to the relevant Collector;

(c) the name of the port, airport or place at which the relevant Collector is, at the time at which the authority is given, performing duty;

(d) one of the following statements:

(i) except where sub-paragraph (ii) applies—’[D2] May be delivered and dealt with in accordance with the entry’;

(ii) [D3] where the goods have been entered for export —‘May be exported in accordance with the entry’;

 

SR. 194/83  Cat. No. Recommended retail price 40c 10/15.12.1983[D4] 

 

(e) where [D5] the authority is given subject to the condition that authority for the goods to be dealt with is given under the Quarantine Act 1908 or another law of the Commonwealth under which authority to deal with goods may be required—a statement that the authority is subject to that condition;

(f) the date on which the authority is given.

Suspension of authority to deal with goods

“23ab. (1) Suspension of an authority given under section 39 of the Act to deal with goods in accordance with an entry shall—

(a) be by notice in writing signed by a Collector and served personally on the person possessed of the goods; and

(b) have effect from the time of service of the notice for such period as is specified in the notice.

“(2) A notice referred to in sub-regulation (1) in respect of the suspension of an authority given under section 39 of the Act to deal with goods in accordance with an entry shall—

(a) identify the goods to which the suspension relates; and

(b) specify—

(i) the period, not being a period exceeding 7 days, during which the authority to deal with the goods is suspended;

(ii)[D6]  the number allotted by the Comptroller to the Collector signing the notice; and

(iii) [D7] the name of the port, airport or place at which that Collector is, at the time of the signing of the notice, performing duty.”.

3. After regulation 25 of the Principal Regulations the following regulation is inserted:

Prescribed ensign and insignia for the purposes of section 59 of the Act

“26. (1) For the purposes of sub-section 59 (1) of the Act, the following ensigns are prescribed—

(a) in respect of a ship employed in the service of the Customs―the Customs flag;

(b) in respect of a ship belonging to the Australian Navy―the ensign of the Australian Navy;

(c) in respect of any other ship—the Australian National Flag.

“(2) For the purposes of each of sub-sections 59 (2) and (4) of the Act—

(a) the following ensigns are prescribed-

(i) in respect of an aircraft employed in the service of the Customs—the Customs flag;

(ii) [D8] in respect of any other aircraft—the Australian National Flag; and

 

(b) the following insignia are prescribed—

(i) in respect of an aircraft belonging to an arm of the Defence Force—a disc displaying, within a blue rim the inner diameter of which is two-thirds of the diameter of the disc, a red-coloured silhouette of a kangaroo upon a white background;

(ii) [D9] in respect of any other aircraft—the word ‘CUSTOMS’ displayed in letters not less than 150 millimetres high.”.

4. Regulation 43 of the Principal Regulations is repealed and the following regulation substituted:

Prescribed period for the purposes of section 72 of the Act

“43. (1) For the purposes of paragraph (b) of sub-section 72 (1) of the Act, the period prescribed is the period ending on—

(a) except where paragraph (b) applies––the expiration of the day next following the day on which the goods referred to in that sub-section were imported; or

(b) if the first-mentioned day in paragraph (a) is not, in relation to the receiving of an entry in respect of goods, a working day of the Customs—the expiration of the day next following that first-mentioned day that is such a working day of the Customs.

“(2) For the purposes of paragraph (b) of sub-section 72 (4) of the Act, a period of 6 months is prescribed.

“(3) In sub-regulation (1), ‘working day of the Customs’ has the same meaning as in regulation 19.”.

5. After regulation 166 of the Principal Regulations the following regulation is inserted:

Prescribed ensign and insignia for the purposes of section 184 of the Act

“166a. (1) For the purposes of sub-section 184(1) of the Act, the following ensigns are prescribed—

(a) in respect of a ship employed in the service of the Customs—the Customs flag;

(b) in respect of a ship belonging to the Australian Navy—the ensign of the Australian Navy;

(c) in respect of any other ship—the Australian National Flag.

“(2) For the purposes of each of sub-sections 184 (1) and (2) of the Act—

(a) the following ensigns are prescribed—

(i) in respect of an aircraft employed in the service of the Customs—the Customs Flag;

(ii) [D10] in respect of any other aircraft—the Australian National Flag; and

 

(b) the following insignia are prescribed—

(i) in respect of an aircraft belonging to an arm of the Defence Force—a disc displaying, within a blue rim the inner diameter of which is two-thirds of the diameter of the disc, a red-coloured silhouette of a kangaroo upon a white background;

(ii) [D11] in respect of any other aircraft—the word ‘CUSTOMS’ displayed in letters not less than 150 millimetres high.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1983.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules No. 92 and see also Statutory Rules Nos. 92, 93, 327, 328 and 329[D12] [D13] 

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