Customs Regulations (Amendment) (Cth)

 

Statutory Rules 1983 No. 3271

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,hereby make the following Regulations under the Customs Act 1901.

Dated 21 December 1983,

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Industry and Commerce

Principal Regulations

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

Commercial documents

2. Regulation 23a of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) all words to and including “the Act” (second occurring) and substituting “Subject to sub-regulation (2), where a person delivers a commercial document to a Collector under section 38b of the Act, the Collector shall, after examining the document for the purposes of sub-section 38b (1) of the Act”;

(b) by omitting from sub-regulation (2) “furnished” and substituting “delivered”; and

(c) by omitting from sub-regulation (3) “section 40b” and substituting “section 38b”.

S.R. 297/83 Cat. No. Recommended retail price 50c 10/15.11.1983

3. After regulation 32 of the Principal Regulations the following regulations are inserted:

Sight entry—making of

“33. (1) Where an owner of goods that are required or eligible to be entered does not have sufficient information in relation to the goods to enable him to make an entry in respect of the goods under section 36 of the Act, he shall make a sight entry in respect of the goods in accordance with sub-regulation (2).

“(2) A sight entry in respect of goods shall be made by the owner of the goods—

“(a) giving to an appropriate Collector an entry in accordance with Form 10 in respect of the goods; and

 (b) making in the presence of that Collector a declaration in respect of the goods in accordance with the form of declaration contained in that Form.

“(3) In this regulation, ‘appropriate Collector’, in relation to any goods, means a Collector who would have been an appropriate Collector in relation to those goods within the meaning of section 36 of the Act if an entry had been made in respect of those goods under that section.

Sight entry—part of contents of a package

“34. Where a sight entry is to be made for part of the contents of an outside package, the entry shall be made at the same time as an entry is made in respect of the remainder of the contents of the package under section 36 of the Act.”.

4. Regulations 35 and 36 of the Principal Regulations are repealed and the following regulations substituted:

Sight entry—consequent examination of goods

“35. (1) The owner of goods in respect of which a sight entry has been made may, at such time and place as are approved by an appropriate Collector, under the supervision of an officer, open any package containing the goods and examine the goods for the purpose of obtaining relevant information in respect of the goods.

“(2) At an examination of goods under sub-regulation (1)—

(a) an appropriate Collector shall make available to the owner of the goods the sight entry in respect of the goods;

(b) the owner of the goods shall endorse on the sight entry, in accordance with Form 11, any relevant information in respect of the goods obtained by him as a result of the examination; and

(c) the officer supervising the examination shall—

(i) verify any endorsement made on the sight entry in accordance with paragraph (b); and

(ii) certify on the sight entry the correctness of the endorsements so made.

“(3) In this regulation—

‘appropriate Collector’ has the same meaning as in regulation 33;

‘relevant information’, in relation to any goods, means information that is necessary for the making of an entry in respect of the goods under section 36 of the Act.

Entry—manner in which made

“36. For the purposes of sections 36 and 37 of the Act, the manner prescribed for giving an entry to a Collector is by leaving—

(a) in the case of an entry prepared with the aid of a computer that is the property of the Commonwealth—3 copies of the entry; or

(b) in the case of any other entry—4 copies of the entry,

at such place in the office of the Collector as is designated for that purpose.”.

Entry for home consumption, for warehousing—required particulars

5. Regulation 37 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) all words to and including “setting out—” and substituting “For the purposes of sections 36 and 37 of the Act, the following particulars are required to be contained in an entry in respect of goods that are being entered for home consumption pursuant to section 68 of the Act:”;

(b) by omitting from paragraph (1) (a) “lodged” and substituting “made”;

(c) by omitting from paragraph (1) (c) “whether that person is the owner or his agent” and substituting “a statement signed by that person that he is the owner of the goods or the agent of the owner, as the case may be”;

(d) by omitting paragraph (1) (d) and substituting the following paragraphs:

“(d) the total number of packages to which the entry refers;

“(da) if the entry is one of a series of entries being made at the same time and all of which relate to goods contained in the package or packages to which the entry refers, the position of the entry in that series;”;

(e) by omitting from paragraph (1) (e) “the following particulars in relation to the goods, namely,”;

(f) by inserting in paragraph (1) (e) “in respect of the goods to which the entry relates” after “codes”;

(g) by omitting from paragraph (1) (ta) “and” (last occurring);

(h) by omitting from sub-regulation (2) all words to and including “setting out—” and substituting “For the purposes of sections 36 and 37 of the Act, the following particulars are required to be contained in an entry

in respect of goods that are being entered for warehousing pursuant to section 68 of the Act:”;

(j) by omitting from paragraph (2) (b) “and” (last occurring);

(k) by omitting from sub-regulation (3) all words to and including “setting out—” and substituting “For the purposes of section 36 of the Act, the following particulars are required to be contained in an entry in respect of goods that are being entered for home consumption pursuant to section 99 of the Act:”;

(l) by omitting from paragraph (3) (a) “and” (last occurring);

(m) by omitting from sub-regulation (4) all words from and including “the person” to and including “setting out—” and substituting “the following particulars are, for the purposes of section 36 or 37 of the Act (as the case may be), required to be contained in the entry:”;

(n) by omitting from paragraph (4) (a) “and”; and

(o) by omitting sub-regulations (5) and (6).

Repeal of regulation 40

6. Regulation 40 of the Principal Regulations is repealed.

Repeal of regulation 95

7. Regulation 95 of the Principal Regulations is repealed.

Entry for export—required particulars

8. Regulation 99 of the Principal Regulations is amended—

(a) by omitting sub-regulation (1);

(b) by omitting from sub-regulation (2) “For the purposes of sub-regulation (1), the prescribed particulars are—” and substituting “For the purposes of section 36 of the Act, the following particulars are required to be contained in an entry in respect of goods that are being entered for export pursuant to section 99 or 114 of the Act:”; and

(c) by omitting from paragraph (2) (v) “whether the person is the owner or his agent” and substituting “a statement signed by that person that he is the owner of the goods or the agent of the owner, as the case may be”.

Australian Export Commodity Classification document

9. Regulation 99b of the Principal Regulations is amended by omitting paragraph (2) (a).

Schedule 1

10. Schedule 1 to the Principal Regulations is amended—

(a) by omitting Form 10 and substituting the Forms set out in the Schedule to these Regulations; and

(b) by omitting Form 20.

_____________

SCHEDULE Regulation 10

FORMS FOR PURPOSES OF SCHEDULE 1 TO PRINCIPAL REGULATIONS

FORM 10 Regulation 33

AUSTRALIAN CUSTOMS

Customs Act 1901

SIGHT ENTRY

Date:	*Name of ship and voyage number:
*Port........................................................				*Marks of aircraft and flight number:
*....................................................			Airport
Place at which goods loaded:
*..............................................			Parcels Post Office	Place where goods situated:
Owner			(per	Agent)
Number on Manifest		Marks and Numbers			Number of Packages	Description of Packages and Goods

I, , declare —

(a) that I am   (the agent for) the owner of the abovementioned goods; and

*(b) that I do not have in my possession, nor can I procure immediately, commercial documents or information that will enable me to make an entry in respect of the goods under section 36 of the Customs Act 1901.

*(b) that the commercial documents now produced do not give sufficient information to enable me to make an entry in respect of the goods under section 36 of the Customs Act 1901.

..................................................................................
*Owner	*Agent
Declared before me this	day of	19  .
.......................................................................
Collector
*Omit if inapplicable
Add words within bracket if necessary

SCHEDULE—continued

FORM 11 Regulation 35

AUSTRALIAN CUSTOMS

Customs Regulations

RESULT OF EXAMINATION UNDER REGULATION 35

Marks and Numbers	Number of Packages	Description of Packages and Goods	Country of Origin	Quantity or Weight	Value of Goods
$	¢

I certify that the particulars hereon appearing above my initials are correct as to descriptions, weights, quantities and numbers.

..........................................Examining Officer / /19

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 1983 No. 92 and see also Statutory Rules Nos. 92 and 93.

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