Customs Regulations (Amendment) (Cth)

Statutory Rules 1980 No. 377

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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 22 December 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

JOHN MOORE

Minister of State for Business and Consumer Affairs

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Application

 1. In relation to an agents licence within the meaning of sub-section 180 (1) of the Customs Act 1901, the Customs Regulations as amended by regulation 2 apply in respect of a licence granted or renewed, or to be granted or renewed, in respect of any period commencing on or after 1 January 1981.

 2.Regulations 156, 157, 158, 159, 160 and 161 of the Customs Regulations are repealed and the following regulations substituted:

• “156.

  In regulations 157, 158, 159, 160, 162, 162A, 162B and 166, ‘agents licence’, ‘Committee’, ‘corporate customs agent’, ‘customs agent’, ‘nominee’ and ‘person’ have the meanings referred to in sub-section 180 (1) of the Act.

• “157.

  An application for the grant or renewal of an agents licence shall state whether the applicant for the licence intends to act, at any time when the licence is in force, as a customs agent in his own right.

• “158.

  The fee payable in respect of the grant or renewal of an agents licence is—

  • (a)

    where the customs agent is a natural person who does not intend to act, at any time when the licence is in force, as a customs agent in his own right—$10; or

  • (b)

    in any other case—$120.

• “159.

  An agents licence in respect of which the fee referred to in paragraph 158 (a) has been paid is subject to the condition that the holder of the licence shall not, at any time when the licence is in force, become authorized to be an agent in accordance with sub-section 181 (1) of the Act.

• “160.

  Fees in respect of the grant or renewal of an agents licence are to be paid not later than the day on which the licence or the renewal of the licence, as the case may be, is to come into force.”.

 3. Regulation 162 of the Customs Regulations is amended—

• (a)

  by omitting from sub-regulation (1) “a” and substituting “the”; and

• (b)

  by omitting from sub-regulation (2) “A Committee” and substituting “The Committee”.

 4. Regulation 162A of the Customs Regulations is repealed and the following regulation substituted:

• “162A.

  A notice under sub-section 183J (1) of the Act to a person that a question relating to an agents licence held by the person has been referred under section 183CQ of the Act to the Committee shall be in accordance with Form 57.”.

 5.Regulation 162B of the Customs Regulations is amended by omitting “a Committee” and substituting “the Committee”.

 6. Regulations 162C, 163, 164 and 165 of the Customs Regulations are repealed.

 7. The Schedule to the Customs Regulations is amended—

• (a)

  by omitting Form 56;

• (b)

  by omitting Form 57 and substituting the following Form:

“FORM 57 Regulation 162A

AUSTRALIAN CUSTOMS

NOTICE OF INQUIRY

To

I , the Chairman of the National Customs Agents Licensing Advisory Committee hereby, in pursuance of section 183J of the Customs Act 1901, give you notice that the following question has been referred to the Committee under section 183CQ of the Act, being a question in which you are concerned:

 (Here set out briefly the question that has been referred to the Committee)

and that the Committee intends to hold an inquiry into the question at

on the  day of  19  commencing at

o’clock in the  noon.

 If you attend at the time and place specified above, the Committee will afford you an opportunity of examining witnesses, of giving evidence and calling witnesses and of addressing the Committee. If you do not attend at the time and place specified above, the Committee may, unless satisfied that you are prevented by illness or other unavoidable cause from so attending, proceed to hold the inquiry in your absence.

Dated  19 .

Chairman”;

• (c)

  by omitting from Form 57A “a Committee of Inquiry appointed under section 183D of the Customs Act 1901-19 to inquire into the matter referred to below, hereby require you, in pursuance of the power conferred on me by section 183K of the Customs Act 1901-19 ,” and substituting “the National Customs Agents Licensing Advisory Committee hereby, in pursuance of the power conferred on me by section 183K of the Customs Act 1901, require you”;

• (d)

  by inserting in Form 57A “referred to below” after “in connection with the matter”;

• (e)

  by omitting from Form 57A “-19  provides that a person summoned to attend before a Committee” and substituting “provides that a person summoned to attend before the National Customs Agents Licensing Advisory Committee”;

• (f)

  by omitting from Form 57A “not exceeding Two hundred dollars or imprisonment for six months” and substituting “of $1,000”; and

• (g)

  by omitting Form 57B.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 109 and see also