Quarantine (General) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 274 1

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Quarantine (General) Regulations 2(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 Quarantine Act 1908.

Dated 26 July 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

 

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Commencement

1.1   These regulations commence on 27 July 1994.

2.Amendment

2.1   The Quarantine (General) Regulations are amended as set out in these Regulations.

3.Regulation 5 (Interpretation)

3.1 Subregulation 5 (1):

Insert:

“‘Customs’ means the Australian Customs Service;

‘Customs officer’ means an officer of Customs within the meaning of the Customs Act 1901;”.

4.New Part 1A

4.1 After Part 1, insert:

“PART 1A—NOTICES OF IMPORTATION AND CLEARANCE OF GOODS ETC.

Notice of importation of goods—exempt goods

 “5A. (1) For the purposes of subsection 16AC (3) of the Act, if goods are imported in the circumstance that the goods are of a kind to which paragraph 68 (1) (d), (e), (f) or (i) of the Customs Act 1901 refers, subsection 16AC (2) of the Act does not apply to the goods unless, under section 71 of the Customs Act 1901, the Customs Regulations requires information to be given in respect of goods of that kind.

“(2) For the purposes of subsection 16AC (3) of the Act, if goods are imported into the Cocos Islands in the circumstance that:

• (a)

  the goods are listed in the cargo manifest of the ship or aircraft in which the goods are imported; and

• (b)

  a copy of the manifest has been given to an officer; and

• (c)

  the goods are not released by the carrier to the importer or to any other person until permission is given by an officer;

subsection 16AC (2) of the Act does not apply to the goods.

[NOTE: Other notification of goods referred to in this regulation may be required by other provision under the Act or in the Quarantine (Animals) Regulations, the Quarantine (Plants) Regulations or the Quarantine (Cocos Islands) Regulations.]

Manner of giving notice about importation or proposed importation

 “5B. For the purpose of subsection 16AC (4) of the Act, notice under section 16AC of the Act may be given only in one of the following ways:

• (a)

  by entering the goods for home consumption in accordance with the Customs Act 1901;

• (b)

  by entering the goods for warehousing in accordance with the Customs Act 1901;

• (c)

  by entering the goods for transhipment in accordance with the Customs Act 1901;

• (d)

  for goods that, under the Customs Act 1901, are exempt from the requirement to be entered under subsection 68 (2) or (3) of that Act—by making a written declaration, or giving a written or electronic notice, in a form acceptable to Customs and to the satisfaction of Customs;

• (e)

  for containers (within the meaning of the Customs Act 1901)—by giving to an officer, or a Customs officer, a copy of the manifest of the ship or aircraft conveying the container;

• (f)

  for goods imported, or proposed to be imported, into the Cocos Islands:

  • (i)

    by supplying a copy of the manifest of the ship or aircraft conveying the goods; or

  • (ii)

    by giving notice in written or electronic form in accordance with subregulation 5D (4).

[NOTE: Goods of a kind referred to in paragraph (d) may be affected by subsection 71 (1) of the Customs Act 1901 and be required to be notified to Customs in a particular manner and form]

Information to be included in notice about importation or proposed importation

 “5C. A notice under section 16AC must contain the information, relating to the goods concerned, that is specified in Schedule 2 unless:

• (a)

  it is a notice referred to in regulation 5B that:

  • (i)

    is given to Customs; and

  • (ii)

    contains the information required by Customs to be included in a notice of that kind; or

• (b)

  it is a manifest referred to in paragraph 5B (e) that, in respect of the container concerned, is complete and accurate in its information.

What constitutes giving of notice under section 16AC?

 “5D.(1) For the purpose of paragraph 16AC (5) (b) of the Act, the lodging of an entry under section 71A of the Customs Act 1901 and in accordance with section 71K or 71L of that Act, as appropriate, in respect of the goods to which the entry relates, is taken to constitute the giving of notice under section 16AC.

 “(2) In subregulation (1), “entry” is taken to include the giving of a document or information requested under section 71D of the Customs Act 1901.

 “(3) For the purpose of paragraph 16AC (5) (a) of the Act, notice is taken to be given under section 16AC of goods that, under the Customs Act 1901, are exempt from the requirement to be entered under subsection 68 (2) or (3) of that Act if:

• (a)

  despite the exemption, or because of the operation of section 71 of the Customs Act 1901, the appropriate notice, in accordance with regulation 5B, is given to a Customs officer; or

• (b)

  a notice that complies with regulation 5C is given to an officer:

  • (i)

    by electronic means, in a form that can be readily transcribed by the officer; or

  • (ii)

    in writing; or

• (c)

  a manifest referred to in paragraph 5B (e) that complies with paragraph 5C (b) is given to an officer or a Customs officer.

[NOTE: Paragraph (a) takes account of, for example, goods affected by subsection 71 (1) of the Customs Act 1901 ]

 “(4) Notice is taken to be given of goods imported into the Cocos Islands if:

• (a)

  the notice is given to an officer: 

  • (i)

    by electronic means, in a form that can be readily transcribed by the officer; or

  • (ii)

    in writing; and

• (b)

  the notice complies with regulation 5C.

Evidence of giving of notices or information

 “5E.(1) If a notice is given to Customs:

• (a)

  of the proposed importation of goods, under subsection 16AC (1) of the Act; or

• (b)

  of the importation of goods, under subsection 16AC (2) of the Act;

evidence that the notice was given may be adduced in proceedings in a court or tribunal by producing to the court or tribunal a copy of the import entry advice or acknowledgment of return transmitted by Customs under subsection 71L (2) of the Customs Act 1901 in relation to the notice.

 “(2) If, in response to a notice under section 16AD of the Act, information is given to Customs by electronic means, evidence that the information was given may be adduced in proceedings in a court or tribunal by producing to the court or tribunal a copy of the import entry advice or acknowledgment of return transmitted by Customs under subsection 71L (2) of the Customs Act 1901 in relation to the information.

 “(3) If the notice or other information is given to Customs by means other than electronic, evidence that the notice or other information was given may be adduced in proceedings in a court or tribunal by producing to the court or tribunal a copy of the import entry advice or other acknowledgment issued by a Customs officer, or an officer, in relation to the notice or other information.

 “(4) In subregulation (2), ‘copy’ means a copy in printed form or, subject to any order or direction of the Court or Tribunal, in electronic form.

 “(5) Nothing in this regulation precludes adducing other evidence that a notice or information has or has not been given.”.

5.New Schedule 2

5.1 After Schedule 1, add:

Schedule 2

Regulation 5C

INFORMATION TO BE INCLUDED IN NOTICE UNDER SUBSECTION 16AC (1) OR (2)

Item No.	Information
1.	name and address of the owner of the goods
2.	overseas port of loading
3.	name of the supplier of the goods
4.	country of origin of goods
5.	time of arrival, or estimated time of arrival, of goods
6.	Customs entry number (if any) of the goods
7.	port of lodgement of Customs entry (if any)
8.	port of discharge of goods
9.	port of intended final destination
10.	identification of ship or aircraft that transported goods to Australia
11.	Customs tariff classification
12.	description of goods
13.	number of bill of lading, master airway bill or housebill, as the case may be
14.	number of packages

SCHEDULE 2— continued

Item No.	Information
15.	shipping marks (if any) for goods
16.	container number or numbers (if any)
17.	reference number of broker (if any)
18.	name and address of the importer of the goods (if different from the owner)
19.	name of the broker (if any) for the importation
20.	nominated address for inspection of goods
21.	type of package or packages
22.	proposed end-use of the goods.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 July 1994.

2. Statutory Rules 1956 No. 114 as amended by 1957 No. 13; 1958 No. 34; 1965 Nos. 80 and 188; 1972 Nos. 82, 129 and 190; 1973 No. 252; 1976 No. 193; 1978 No. 167; 1979 Nos. 15 and 286; 1980 Nos. 51 and 116; 1981 Nos. 10, 42, 215 and 277; 1984 No. 26; 1985 No. 345; 1986 No. 37; 1987 No. 193; 1988 No. 328; 1990 No. 352.