Customs Regulations (Amendment) (Cth)

STATUTORY RULES

1969 No. 69

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1968.

Dated this twelfth day of May, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd.) Malcolm Scott

Minister of State for Customs and Excise.

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Amendments of the Customs Regulations 

Fees for warehouses.

1. Regulations 50 to 61 (inclusive) of the Customs Regulations and the heading immediately preceding regulation 50 are repealed and the following heading and regulations inserted in their stead:—

“Fees to be Paid by Licensees of Warehouses.

“50.—(1.) For the purposes of section 80 of the Act, a licensee shall pay for a general, private, machinery or manufacturing warehouse—

(a) if the licence is granted or held on the first day of July in a year—a fee, in respect of the year that commences on that date, of One thousand dollars; and

(b)if the licence is granted on a day other than a first day of July—a fee, in respect of the period from and including the day on which it is granted to and including the next following thirtieth day of June, of the amount that bears the same proportion to One thousand dollars as the number of days in the period bears to three hundred and sixty-five.

“(2.) The time at which a fee prescribed by the last preceding sub-regulation is payable is the first day of the period in respect of which it is payable.

“51. Where a licence (other than a licence held for less than three months) is surrendered before the expiration of a period in respect of which the licensee has paid the fee for the licence prescribed by the last preceding regulation, the Commonwealth is liable to refund to the licensee an amount that bears the same proportion to that fee as the number of days in the balance of the period bears to the number of days in the period.”.

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1926, No. 203, as amended by Statutory Rules 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; 1966, Nos. 15 and 173; 1967, Nos. 9 and 179; and 1968, No. 68.

13962/09—Price 5c  10/1.4.69

 

Application.

2.—(1.) The next two succeeding sub-regulations apply to licences for general, private, machinery or manufacturing warehouses other than licences in respect of manufacturing warehouses where the fortification of wine only is carried on or in respect of which fees would, but for the last preceding regulation, be prescribed by regulation 53a or 61 of the Customs Regulations.

(2.) The Customs Regulations as amended by these Regulations apply to the fee for a licence to which this sub-regulation applies payable in respect of a period commencing on or after the first day of July, 1969, and, notwithstanding the amendments made by the last preceding regulation, subject to sub-regulation (7.) of this regulation, the regulations repealed by the last preceding regulation continue to apply to the fee for such a licence payable in respect of a period commencing before that date.

(3.) Where before the first day of July, 1969, a licensee pays for a licence to which this regulation applies an amount equal to or on account of a fee that, but for these Regulations would have become payable in respect of a period commencing on or after that date, the amount shall be deemed to have been paid on account of the fee for the licence prescribed by the Customs Regulations as amended by these Regulations and payable on that date.

(4.) Notwithstanding the amendments made by the last preceding regulation, until the provisions of the Customs Act (No. 2) 1968 referred to in sub-section (3.) of section 2 of that Act come into operation—

(a)subject to the next succeeding sub-regulation, the fees prescribed for a licence of a particular kind by regulation 53a, 57, 58, 59a or 61 of the Customs Regulations as in force immediately before the commencement of these Regulations continue to be the fees prescribed for a licence of that kind as if these Regulations had not come into operation; and

(b)subject to sub-regulation (7.) of this regulation, regulation 60 of the Customs Regulations as in force immediately before the commencement of these Regulations continues to apply to and in relation to a fee referred to in the last preceding paragraph as if these Regulations had not come into operation.

(5.) Paragraph (a)of the last preceding sub-regulation does not apply to any fees prescribed by regulation 57 or 58 of the Customs Regulations as in force immediately before the commencement of these Regulations other than the fees so prescribed for a licence for a manufacturing warehouse where the fortification of wine only is carried on.

(6.) Where—

(a) a licensee has paid the fee for a licence in respect of a period ending after the commencement of these Regulations, being a licence of a kind in respect of which a fee is prescribed by sub-regulation (4.) of this regulation; and

(b) the provisions of the Customs Act (No. 2) 1968 referred to in subsection (3.) of section 2 of that Act come into operation before the expiration of the period,

the Commonwealth is liable to refund to the licensee an amount that bears the same proportion to the fee so paid for the licence as the number of days in the balance of the period bears to the number of days in the period.

(7.) Sub-regulation (2.) of regulation 60 of the Customs Regulations as in force immediately before the commencement of these Regulations, in its application after the commencement of these Regulations by virtue of this regulation shall be read as if the words “,together with the payment for the next succeeding quarter,” were omitted.

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra