Customs Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 121

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1965.

Dated this twenty-ninth day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

(Sgd.) KEN ANDERSON

Minister of State for Customs and Excise.

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Amendments of the Customs Regulations  

1.—(1.) Regulation 106 of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“106.—(1.) Ships’ stores, being spirituous liquors, tobacco, cigars, cigarettes or other tobacco products, are not exempt from duties of Customs under section 129 of the Act.

“(2.) All aircraft’s stores other than—

(a) stores for consumption or use in an aircraft that is engaged on an international air service or flight conducted or operated by a person resident in Australia;

(b)stores for consumption or use in an aircraft that is engaged on a flight between a place in Australia and a place in a Territory of the Commonwealth not forming part of the Commonwealth;

(c) stores included in a class of stores to which an intergovernmental agreement applies for consumption or use in an aircraft that is included in a class of aircraft to which the intergovernmental agreement applies and is engaged on an international air service or flight included in a class of international air services or flights to which the intergovernmental agreement applies conducted or operated by a person included in a class of persons to which the intergovernmental agreement applies; and

(d)stores upon which the Comptroller considers it would be uneconomical to collect duty,

are not exempt from duties of Customs under section 129 of the Act.

 

* Notified in the Commonwealth Gazette on , 1965.

  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; 1.939, 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; and 1964, No. 141.

15428/64.—Price 9d. 9/11.6.1965.

 

“(3.) For the purposes of the last preceding sub-regulation—

(a) an intergovernmental agreement means an agreement, being an agreement to which the Commonwealth and the government of a country, or the governments of countries, other than Australia are parties, that provides for the exemption of duties of customs that would otherwise be payable in Australia and in that country or those countries on stores used by aircraft engaged on international air services or flights;

(b)a reference to a person resident in Australia shall be read as including a reference to—

(i) a body corporate established by an Act or by a law of a State or Territory of the Commonwealth; and

(ii) a company incorporated under the law in force in a State or Territory of the Commonwealth,

but shall not be read as including a reference to any other body corporate or company;

(c) an aircraft that is being used for purposes connected with the operation of an international air service or is undergoing testing, maintenance or repairs for the purpose of being used in connexion with the operation of an international air service shall be deemed to be engaged on an international air service; and

(d)a flight shall be deemed to be a flight between a place in Australia and a place in a Territory of the Commonwealth not forming part of the Commonwealth if the flight commences at either of those places and ends, or is intended to end, at the other of those places, whether or not the aircraft may or will, in the course of the flight, call at any other place in Australia or that Territory.”.

(2.) This regulation shall come into operation on the day on which sub-section (1.) of section 14 of the Customs Act 1963 comes into operation.

2. After regulation 124 of the Customs Regulations the following heading and regulation are inserted:—

“Sec. 162a. IMPORTATION OF GOODS ON A TEMPORARY BASIS.

“125—(1.) In this regulation, ‘intergovernmental agreement’ means an agreement, being an agreement to which the Commonwealth and the government of a country, or the governments of countries, other than Australia are parties, that provides for the importation of goods of a class or classes specified in the agreement into Australia and that country or those countries on a temporary basis without payment of duties of customs.

“(2.) There may, in accordance with section 162a of the Act, be brought into Australia on a temporary basis without payment of duty—

(a) goods included in a class of goods to which an intergovernmental agreement applies;

(b) goods imported by persons included in a class of persons to which an intergovernmental agreement applies;

(c) goods included in a class of goods to which an intergovernmental agreement applies imported by persons included in a class of persons to which an intergovernmental agreement applies; or

(d)goods imported for a purpose specified in an intergovernmental agreement as a purpose for which the goods may be imported on a temporary basis without payment of duty.

“(3.) Where goods are, in accordance with section 162a of the Act, brought into Australia on a temporary basis without payment of duty, the person to whom the goods are delivered under that section shall not, except with the consent of the Comptroller, lend, sell, pledge, mortgage, hire, give away, exchange or otherwise dispose or part with possession of the goods or in any way alter the goods.”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.