Bounty (Books) Regulations (Amendment)

Overview

The Bounty (Books) Regulations (Amendment) Statutory Rules 1985 No. 101 were enacted to amend the Bounty (Books) Regulations, transferring delegated powers from the Minister to the Comptroller-General of Customs. This was a necessary step following the establishment of the Comptroller-General’s office under the Customs Administration Act 1985, which aimed to streamline the administration and control of the Australian Customs Service. The regulations were issued under the authority of the Minister of State for Industry, Technology and Commerce and came into force on 10 June 1985, the same day as the Customs Administration Act 1985. The primary objective of these amendments was to ensure that the powers vested in the Minister were appropriately delegated to the Comptroller-General, thereby clarifying the administrative structure and enhancing the efficiency of the customs service.

Scope and Application

The Customs Administration Act 1985 applies to the establishment of the Australian Customs Service and the statutory office of the Comptroller-General of Customs, who is responsible for controlling the Australian Customs Service under the Minister. This Act includes the delegation of powers from the Minister to the Comptroller-General, which now allows the Comptroller-General to exercise these powers pursuant to section 14 of the Act. The Bounty (Books) Regulations (Amendment) Statutory Rules 1985 No. 101, issued under the authority of the Minister of State for Industry, Technology and Commerce, specifically transfer certain delegated powers from the Minister to the Comptroller-General concerning the extension of application periods for bounty and refusal of such extensions unless specified requirements are met. These regulations came into force on 10 June 1985, the same day as the Customs Administration Act 1985, ensuring a seamless transition of responsibilities and powers within the Australian Customs Service.

Key Provisions

The main operative sections of the Bounty (Books) Regulations (Amendment) involve the transfer of certain powers from the Minister to the Comptroller-General of Customs. Specifically, Regulation 2 transfers two key powers (Regulation 2(a) and (b)) from the Minister to the Comptroller-General. Regulation 2(a) concerns the power to extend the period for an application for bounty, while Regulation 2(b) concerns the power to refuse to allow an extension of time for an application of bounty unless specified requirements are met. These provisions ensure that the authority to manage and control bounty applications is vested in the Comptroller-General, who is responsible for the administration of the Australian Customs Service. Under these regulations, the Comptroller-General is now responsible for exercising the powers previously held by the Minister concerning bounty applications. This includes the ability to extend the application period and to deny extension requests if the stipulated conditions are not satisfied. These obligations place a significant administrative responsibility on the Comptroller-General, who must now ensure that all bounty applications are handled in accordance with the newly transferred powers. This includes making decisions on whether to extend application periods and whether to refuse extension requests based on compliance with the regulations. Breaching these regulations could result in several consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is implied that any misuse or improper exercise of the transferred powers could lead to administrative or legal repercussions. The Comptroller-General must ensure compliance with these regulations to avoid any potential penalties or adverse outcomes. Given the nature of the powers transferred, any significant breaches could also have broader implications for the administration of customs services and bounty applications in Australia.