Customs Regulations (Amendment) (Cth)
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
Dated 29 June 1983.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
(sgd) John N Button
Minister of State for Industry and Commerce
“180. In regulations 181, 182 and 183, ‘application’, ‘concession order’ and ‘particular goods’ have the meanings they have in Part XVa of the Act.
S.R. 107/83 Cat. No. ––Recommended retail price 20c 11/24.6.1983
“181. (1) For the purposes of paragraph 269g (2) (a) of the Act, the following particulars are prescribed in respect of an application for a concession order in respect of particular goods:
(a) the name of the applicant and any other relevant name under which he trades;
(b) the business address of the applicant, not being an address of a post office box or bag service;
(c) where the applicant requests that communications concerning the application be sent to him at an address other than that prescribed by paragraph (b)—that other address;
(d) a description that adequately identifies the goods;
(e) where a document describes or illustrates the goods—that document;
(f) where it is reasonable to describe the goods by reference to a sample—a fair sample of the goods;
(g) where in the normal course of business the goods are described by reference to their chemical composition—a description of that composition;
(h) where in the normal course of business the goods are described by reference to technical data—those data;
(j) a description of the function that the goods normally serve;
(k) a description of any other function that the goods serve or may reasonably be employed or adapted to serve;
(m) the tariff classification that applies to the goods;
(n) the rate of duty that applies to the goods by virtue of that classification;
(p) the name and business address of each person with whom the applicant has communicated in writing for the purpose of determining whether the person produces, or is capable of producing, in Australia in the normal course of business, goods that serve the function referred to in paragraph (j);
(q) a copy of each communication sent by the applicant to a person for the purpose referred to in paragraph (p);
(r) the original of each reply received by the applicant to each communication referred to in paragraph (q);
(s) the extent of any competition that would exist between the goods and similar goods that a person produces, or is capable of producing, in Australia in the normal course of business, if the goods were imported;
(t) where the goods are proposed to be manufactured in Australia into other goods—the extent of any competition that would exist between those other goods and goods (similar to those other goods) that a person produces, or is capable of producing, in Australia in the normal course of business, if those other goods were so manufactured; and
(u) a description that the applicant considers would adequately identify the goods for the purposes of the making of a concession order.
“(2) For the purposes of sub-paragraph 269g (2) (b) (i) of the Act, an application shall be lodged with the Comptroller—
(a) at the office of the Department at the Edmund Barton Building, Canberra, as a prepaid postal article;
(b) at the office of the Department at the Edmund Barton Building, Canberra, by telex message or telegram addressed to the Comptroller; or
(c) where an individual lodges it in person—at the office of the Department at the Edmund Barton Building, Canberra, with the Assistant Secretary of the Tariff Concession Branch of the Department or with a person whom the individual believes on reasonable grounds to be acting on behalf of that Assistant Secretary.
“(3) For the purposes of sub-paragraph 269 g (2) (b) (ii) of the Act, a prescribed holiday is any day that is a holiday for the Australian Public Service in Canberra.
“(4) For the purposes of sub-paragraph 269g (2) (b) (iii) of the Act, the prescribed hours of a day for lodgment of an application with the Comptroller are the normal working hours of the Australian Public Service in Canberra for that day.
“(5) For the purposes of sub-section 269g (3) of the Act, the lodging of an application shall be acknowledged by telex message or telegram or by prepaying and posting an advice to the applicant at the address provided by him under paragraph (1) (b) or (c), as the case requires, being a telex message, telegram or an advice setting out the reference number given to the application by the Department.
“182. (1) For the purposes of paragraph 269h (2) (a) of the Act, the following particulars are prescribed in respect of a notice given by a person under sub-section 269h (1) of the Act that he proposes to make an application for a concession order in respect of particular goods:
(a) the name of the applicant and any other relevant name under which he trades;
(b) a business address of the applicant, not being an address of a post office box or bag service;
(c) where the applicant requests that communications concerning the application be sent to him at an address other than that prescribed by paragraph (b)—that other address; and
(d) a description that adequately identifies the goods.
“(2) For the purposes of sub-paragraph 269h (2) (b) (i) of the Act, a notice under sub-section 269h (1) of the Act shall be given to the Comptroller by―
(a) lodging it at the office of the Department at the Edmund Barton Building, Canberra, as a prepaid postal article;
(b) lodging it at the office of the Department at Edmund Barton Building, Canberra, by telex message or telegram addressed to the Comptroller; or
(c) where an individual lodges it in person—lodging it at the office of the Department at the Edmund Barton Building, Canberra, with the Assistant Secretary of the Tariff Concession Branch of the Department or with a person whom the individual believes on reasonable grounds to be acting on behalf of that Assistant Secretary.
“(3) For the purposes of sub-section 269h (3) of the Act, a notice given by a person under sub-section 269h (1) of the Act shall be acknowledged by telex message or telegram or by prepaying and posting an advice to him at the address provided by him under paragraph (1) (b) or (c), as the case requires, being a telex message, telegram or an advice setting out the reference number given to the notice by the Department.
“183. For the purposes of sub-section 269k (1) of the Act, a notice under that sub-section to an applicant referred to in that sub-section shall be given by telex or telegram or by prepaying and posting it to him at the address provided by him under paragraph 181 (1) (b) or (c), as the case requires.”.
1. Notified in the
Commonwealth of Australia Gazette on 1 July 1983.2. 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, 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.
Printed by Authority by the Commonwealth Government Printer
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