Customs Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 3821

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

 Dated 21 December 1981.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

JOHN MOORE

Minister of State for Business and Consumer Affairs

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Wharfs—security for the protection of revenue

 1. Regulation 3 of the Customs Regulations is amended by omitting sub-regulation (3).

Entries

 2. Regulation 37 of the Customs Regulations is amended by omitting from sub-regulations (3) and (4) “104” and substituting “99”.

Repeal

 3. Regulation 81 of the Customs Regulations is repealed.

Duty-paid or free goods in warehouses

 4. Regulation 92 of the Customs Regulations is amended by omitting from sub-regulation (2) “, other than a transit warehouse,”.

Bond certificates

 5. Regulation 94 of the Customs Regulations is repealed.

Entry for export

 6. Regulation 99 of the Customs Regulations is amended by omitting from sub‑regulation (1) “104” and substituting “99”.

Official samples

 7. Regulation 174 of the Customs Regulations is amended by omitting “sent to the King’s Warehouse and sold” and substituting “sold by a Collector or, if they have no commercial value, shall be destroyed in accordance with the directions of a Collector”.

Right of trial in the Supreme Court of a State or Territory

 8. Regulation 177 of the Customs Regulations is amended—

• (a)

  by omitting “A defendant in a Customs prosecution, where the penalty exceeds Two hundred dollars and the excess is not abandoned,” and substituting “For the purposes of section 246 of the Act, a defendant”; and

• (b)

  by omitting “High Court of Australia, or the Supreme Court of the State” and substituting “Supreme Court of the State or Territory”.

Repeal

 9. Regulation 178 of the Customs Regulations is repealed.

Documents in possession of court

 10. Regulation 179 of the Customs Regulations is amended by omitting “prosecutor has exercised his option in accordance with these Regulations” and substituting “notice referred to in regulation 177 has been filed in the Court”.

Repeal

 11. Regulations 181, 182, 183, 184, 185, 186 and 187 of the Customs Regulations are repealed.

Collector’s sales—conditions

 12. Regulation 190 of the Customs Regulations is amended by omitting paragraph (e).

Schedule

 13. The Schedule to the Customs Regulations is amended—

• (a)

  by omitting Form 15 and Form 16;

• (b)

  by omitting from Form 20 “Sections 40A, 68 and 104. Regulations 81 and 95” and substituting “Section 40A. Regulation 95”;

• (c)

  by omitting from Form 42 “, a British Consul, or other British official, or, where there is no Officer of Customs or British Consul, or other British official, by a British subject resident” and substituting “or other principal Government officer”;

• (d)

  by omitting from Form 61 “State of . Customs Act 1901-1925, Section 214.”;

• (e)

  by omitting from Form 62 “State of” and “Port of”;

• (f)

  by omitting from Form 62 “either in the High Court of Australia or in the Supreme Court of the State of at the option of the prosecutor” and substituting “in the Supreme Court of ”;

• (g)

  by omitting Form 64 and Form 65;

• (h)

  by omitting from Form 86 “in the sum of*” and substituting “in the sum of”;

• (i)

  by omitting from Form 86 all words and figures from and including “207 of the said Act” to and including “does not impose forfeiture of the said goods, or any portion thereof” and substituting “208A of the Act to bring an action against the Collector, within 4 months of the service of the notice, for the recovery of the goods or of the security given under section 206 of the Act in respect of the goods, as the case requires, and if the claimant succeeds in that action”; and

• (j)

  by omitting from Form 86 “* Value of goods, viz., original cost price of the goods, plus 33 1/3 per cent.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1981.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 162 and see also