Statutory
Rules 1998No. 38 1
__________________
Customs Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, make the following
Regulations under the Customs Act 1901.
Dated
18 March 1998.
WILLIAM
DEANE
Governor-General
By His Excellency’s Command,
WARREN ERROL TRUSS
Minister for Customs and Consumer Affairs
____________
1. Amendment
1.1 The Customs
Regulations are amended as set out in these Regulations.
2. Commencement
2.1 These
Regulations commence on gazettal.
3. Regulations 70 to 73
3.1 Omit the regulations, substitute:
Manufacturing in bond (regulations 71 to 74G)
“70. (1) Regulations 71
to 74G deal with giving approval to use goods in a manufacturing warehouse for
the manufacture of other goods.
“(2) In those regulations, using goods in a
manufacturing warehouse to manufacture other goods is referred to as manufacturing
in bond.
“(3) In those regulations:
affected person means:
(a)an applicant for approval to manufacture in
bond; or
(b)a person who has received an approval.
application means an application for approval
to manufacture in bond.
Department means the Department of Industry,
Science and Tourism.
DIST Secretary means the Secretary to the
Department.
Application for approval to manufacture in bond
“71. (1) A
person may apply to the DIST Secretary for approval to manufacture in bond.
“(2) The application must be made using the form
approved by the DIST Secretary.
“(3) The applicant must give the DIST Secretary
the information required by the form, including the applicant’s business plan.
“(4) The business plan must give an outline of the
applicant’s plans for manufacturing in bond and, in particular, plans for
selling the goods manufactured.
“(5) The application must also be signed in the
way the form directs.
“(6) The application must then be lodged at an
office of the Department.
“(7) The approved application form is a
disallowable instrument for section 46A of the Acts Interpretation Act
1901.
Decisions about applications
“72. (1) The
DIST Secretary must consider an application.
“(2) If the DIST Secretary has enough information
to make a decision, the DIST Secretary may:
“(3) If the DIST Secretary considers that the
information given by the applicant with the application is insufficient for
deciding the application, the DIST Secretary may request the applicant to give
further information.
Criteria for decisions
“73. In making a decision about an application,
the DIST Secretary must consider whether it is reasonable to approve the
application, having regard to:
- (a)
the applicant’s business plan; and
- (b)
the
likely increase in the level of the applicant’s sales overseas if the approval
is given; and
- (c)
whether an earlier approval given to the
applicant has been revoked or made subject to additional conditions after being
reassessed; and
- (d)
any contracts for the sale overseas of the
manufactured goods to which the applicant is a party; and
- (e)
details of any market research conducted by
the applicant about the goods the applicant proposes to manufacture in bond;
and
- (f)
any other information required by the
application form.
Approval subject to conditions
“74. (1) The
DIST Secretary may include in the approval conditions to which the approval is
subject.
“(2) The DIST Secretary may revoke an approval if
the holder of the approval does not comply with a condition.
Reassessment of decisions
“74A. (1) The
DIST Secretary may, at any time, reassess an approval.
“(2) At least 28 days before reassessing an
approval, the DIST Secretary must tell the holder of the approval, in writing,
of the intention to reassess the approval.
“(3) The DIST Secretary must also invite the
holder to give the DIST Secretary any information that the holder considers
relevant to the reassessment.
“(4) In reassessing an approval, the DIST
Secretary may:
“(5) The DIST Secretary must decide whether it is
reasonable to act under subregulation (4) having regard to:
“(6) The DIST Secretary may still act under
subregulation (4) if the holder of the approval does not respond to the
invitation under subregulation (3).
Telling affected person of decision on application or reassessment
“74B. (1) The
DIST Secretary must tell an affected person, in writing, of a decision:
“(2) The DIST Secretary must tell the affected
person of the decision within 28 days after making the decision.
“(3) When telling the affected person of the
decision, the DIST Secretary must also tell the affected person that
application may be made to the Administrative Appeals Tribunal under the Administrative
Appeals Tribunal Act 1975 for review of an unfavourable decision.
“(4) For subregulation (3), an unfavourable
decision is:
- (a)
refusing to give an approval to manufacture
in bond; or
- (b)
giving an approval subject to conditions; or
- (c)
imposing additional conditions on an existing
approval; or
- (d)
revoking an approval.
“(5) The DIST Secretary must also tell the
affected person that, unless subsection 28 (4) of that Act applies, a
person who is entitled to apply to the Tribunal for review of the decision may,
under section 28 of that Act, request a statement that includes the reasons for
the decision.
“(6) A contravention of subregulation (3) or (5)
for a decision does not affect the validity of the decision.
Review of decisions
“74C. Application may be made to the Administrative
Appeals Tribunal for review of an unfavourable decision mentioned in
subregulation 74B (4).
Telling Customs of decisions
“74D. The DIST Secretary must tell Customs, in
writing, of decisions made under regulations 72, 74 and 74A.
Getting information from Customs
“74E. (1) The
DIST Secretary may request Customs, in writing, to give him or her information
that may help in considering or reassessing an application.
“(2) The CEO must comply with the request as soon
as practicable.
Authorisation to make decisions
“74F. The DIST Secretary may, in writing, authorise
a person holding or performing the duties of an office in the Department to make decisions
under regulations 72, 74 and 74A, and to act under regulations 74B
and 74E.
Requirements for manufacturing in bond
“74G.(1)This
regulation applies if:
“(2) Australian and imported goods may be used in
the manufacture.
“(3) If an officer of Customs directs the holder
to keep Australian and imported goods separate from each other until they are
to be used, the holder must comply with the direction.
“(4) If the CEO directs the holder to keep books
and accounts, and give returns to an officer of Customs, the holder must comply
with the direction.
“(5) Goods manufactured are subject to the control
of the Customs until delivery for home consumption or until exportation.
“(6) This regulation applies in addition to any
obligations to which the holder is subject as the holder of a warehouse
licence.”.
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NOTES
1. Notified in the Commonwealth
of Australia Gazette on 20 March 1998.
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 and Act
No. 108, 1982; Statutory Rules 1983 Nos. 92, 93, 327, 328, 329 and 330 and Act
No. 101, 1983; Statutory Rules 1984 Nos. 13, 18, 137, 319 and 462; 1985 Nos.
12, 71, 76, 126, 306 and 308; 1986 Nos. 77, 91, 94, 144, 174, 175, 176, 215,
248, 361, 363, 367 and 368; 1987 Nos. 72, 102, 103, 124, 140, 162, 244, 297 and
316; 1988 Nos. 111, 179, 207, 260 and 270; 1989 Nos. 100, 101, 159, 160, 161,
162, 163, 243, 260 and 409; 1990 Nos. 6, 8, 123, 147, 148, 189, 217, 220, 222,
248, 274 and 450; 1991 Nos. 30, 109, 129, 139, 140, 228, 290, 316 and 384; 1992
Nos. 72, 175, 277 (as amended by 1992 No. 326), 328, 343, 344, 447 and 464;
1993 Nos. 66, 158 and 339; 1994 Nos. 53, 82, 183, 311, 312, 351, 366, 367, 391
and 435; 1995 Nos. 99, 136, 244, 313, 321, 352, 423 and 424; 1996 Nos. 42, 43,
134, 326 and 327; 1997 Nos. 52, 70, 79, 89, 128, 131, 255, 284, 378, 379 and
422.