Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985

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Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985

No. 39 of 1985

 

An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Customs Administration Act 1985

[Assented to 29 May 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985.

Commencement

2. This Act shall come into operation on the day on which the Customs Administration Act 1985 comes into operation.

Amendments

3. The Acts specified in the Schedule are amended as set out in the Schedule.

Transitional

4. (1) Where—

(a) a Minister, or a delegate of a Minister, made an appointment, gave an authorization, granted a permission or approval, made a


determination, order, requirement or by-law, gave or published a notice or signed or issued any other instrument before the commencement of this Act under a power conferred on that Minister by a provision of an Act;

(b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs; and

(c) that appointment, authorization, permission, approval, determination, order, requirement, by-law, notice or other instrument was in force immediately before that commencement,

the appointment, authorization, permission, approval, determination, order, requirement, by-law, notice or other instrument continues in force after that commencement as if it had been duly made, given, granted, published, signed or issued, as the case may be, by the Comptroller-General of Customs under that provision as so amended.

(2) Where—

(a) a Minister gave, before the commencement of this Act, a delegation to a person, other than the Comptroller-General of Customs, to exercise a power conferred on that Minister by a provision of an Act;

(b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs; and

(c) that delegation was in force immediately before that commencement,

that delegation continues in force after that commencement as if it were a delegation duly given by the Comptroller-General of Customs to that person under section 14 of the Customs Administration Act 1985.

(3) Where—

(a) a Minister, or a delegate of a Minister, did, or refused to do, before the commencement of this Act any act or thing not mentioned in sub-section (1) or (2) under a power conferred on that Minister by a provision of an Act; and

(b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs,

the Act in which that provision was included, as that Act has effect as amended by this Act, applies as if the Comptroller-General had duly done, or refused to do, as the case may be, that act or thing.

(4) Where—

(a) the Comptroller-General of Customs gave, before the commencement of this Act, a delegation to a person under a power conferred on the Comptroller-General of Customs by a provision of an Act; and

(b) that delegation was in force immediately before that commencement,

that delegation continues in force after that commencement as if it had been duly given by the Comptroller-General of Customs to that person under section 14 of the Customs Administration Act 1985.

(5) The first report to be prepared under section 17 of the Customs Administration Act 1985 shall relate to the period commencing on the day of commencement of that Act and ending on 30 June 1986.

 


SCHEDULE Section 3

AMENDMENTS OF ACTS

Bass Strait Freight Adjustment Levy Collection Act 1984

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Bounty (Agricultural Tractors) Act 1966

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Section 3 (definition of “authorized person”)—

Omit “by the Minister”.

Section 3 (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Section 3 (definition of “registered premises”)—

Omit “by the Minister”.

Section 5a—

Omit “or the Minister”, substitute “, the Minister or the Comptroller-General”.

Sub-section 9 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 10 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister”, substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 17—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.


SCHEDULE—continued

Paragraphs 18a (d), (e), (f), (g) and (h)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General”.

Sub-section 20 (3)—

Omit “or the Comptroller-General, as the case may be”.

Bounty (Bed Sheeting) Act 1977

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901;”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Section 6—

Omit “or the Minister”, substitute “, the Minister or the Comptroller-General”.

Sub-section 8 (3)—

Omit “Minister”, substitute “Comptroller-General”.

Section 10—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General,”.

Sub-sections 20 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

SCHEDULE—continued

Section 21—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Berry Fruits) Act 1982

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 16 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 22 (1)—

Omit “or the Comptroller-General”.

Sub-sections 22 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Paragraphs 23 (1) (b) and (c)—

Omit “Minister”, substitute “Comptroller-General”.

Section 24—

Omit “the Minister, a delegate of the Minister,”.

Bounty (Books) Act 1969

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.


SCHEDULE—continued

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Section 9—

Omit “Minister”, substitute “Comptroller-General”.

Section 9a—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 10 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 11a—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister”, substitute “Comptroller-General”.

Section 16—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 19 (1)—

Omit “or the Comptroller-General”.

Sub-section 19 (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 19a—

After “Minister” (wherever occurring), insert “or the Comptroller-General”.

Paragraphs 20a (d), (e), (f), (g), (h) and (j)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Commercial Motor Vehicles) Act 1978

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

SCHEDULE—continued

Sub-section 10 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 11 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 21 (1)—

Omit “or the Comptroller-General”.

Sub-sections 21 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 22—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Computers) Act 1984

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 12 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 20—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-paragraphs 21 (1) (a) (i) and (ii)—

Omit “Minister”, substitute “Comptroller-General”.

Section 22—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.


SCHEDULE—continued

Sub-section 23 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 31 (1)—

Omit “or the Comptroller-General”.

Sub-sections 31 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Paragraphs 32 (1) (m), (n) and (p)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 33 (1)—

Omit “the Minister, or”.

Bounty (Electric Motors) Act 1984

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 14 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 22—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-paragraphs 23 (1) (a) (i) and (ii)—

Omit “Minister”, substitute “Comptroller-General”.

Section 24—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 25 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 33 (1)—

Omit “or the Comptroller-General”.

Sub-sections 33 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Paragraphs 34 (1) (m), (n), (p) and (q)—

Omit “Minister”, substitute “Comptroller-General”.


SCHEDULE—continued

Sub-section 35 (1)

Omit “the Minister, or”.

Bounty (High Alloy Steel Products) Act 1983

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 10 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 16 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 22 (1)—

Omit “or the Comptroller-General”.

Sub-sections 22 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Sub-section 23 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 24 (1)—

Omit “the Minister, a delegate of the Minister,”.

Bounty (Injection-moulding Equipment) Act 1979

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.


SCHEDULE—continued

Section 3 (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Section 3 (definition of “prescribed premises”)—

Omit “by the Minister”.

Section 3 (definition of “registered premises”)—

Omit “by the Minister”.

Section 10—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 11 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 14k (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 14t—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-paragraphs 14u (1) (a) (i) and (ii)—

Omit “Minister”, substitute “Comptroller-General”.

Section 14v—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 15 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 21 (1)—

Omit “or the Comptroller-General”.

Sub-sections 21 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Paragraphs 22 (c), (d), (e), (f), (g), (u), (v) and (w)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.


SCHEDULE—continued

Bounty (Metal-working Machine Tools) Act 1978

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901;”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 9 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 10 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General”.

Sub-sections 20 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 21—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Paper) Act 1979

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.


SCHEDULE—continued

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 8 (3)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 9 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister”, substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 21 (1)—

Omit “or the Comptroller-General”.

Sub-sections 21 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 22—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Penicillin) Act 1980

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901;”.


SCHEDULE—continued

Sub-section 3 (1) (definition of “registered premises G”)—

Omit “by the Minister”.

Sub-section 3 (1) (definition of “registered premises V”)—

Omit “by the Minister”.

Sub-section 8 (7)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 9 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister”, substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 16—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 17—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 23 (1)—

Omit “or the Comptroller-General”.

Sub-sections 23 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 24—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Printed Fabrics) Act 1981

After section 1—

Insert the following section:

General administration of Act

“1a. The Comptroller-General has the general administration of this Act.”.

Section 2 (definition of “registered premises”)—

Omit “by the Minister”.


SCHEDULE—continued

Sub-section 8 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 10—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 14 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General”.

Sub-sections 20 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 21—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Ships) Act 1980

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 8 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 19 (1)—

Omit “or the Comptroller-General”.

Sub-sections 19 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.


SCHEDULE—continued

Bounty (Steel Mill Products) Act 1983

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 11 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 17 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 23 (1)—

Omit “or the Comptroller-General”.

Sub-sections 23 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Sub-section 24 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 25 (1)—

Omit “the Minister, a delegate of the Minister,”.

Bounty (Textile Yarns) Act 1981

After section 1—

Insert the following section:

General administration of Act

“1a. The Comptroller-General has the general administration of this Act.”.

Sub-section 2 (1) (definition of “registered premises”)—

Omit “by the Minister”.


SCHEDULE—continued

Sub-section 8 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 10—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 14 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General”.

Sub-sections 20 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Section 21—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Bounty (Tractor Cabs) Act 1983

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 8 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 10—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.


SCHEDULE—continued

Sub-section 13 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 19 (1)—

Omit “or the Comptroller-General”.

Sub-sections 19 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Sub-section 20 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 21 (1)—

Omit “the Minister, a delegate of the Minister,”.

Bounty (Two-Stroke Engines) Act 1984

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Sub-section 9 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 12—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 14 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 20 (1)—

Omit “or the Comptroller-General”.

Sub-sections 20 (2) and (3)—

Omit “or the Comptroller-General, as the case may be”.

Sub-section 21 (1)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.


SCHEDULE—continued

Sub-section 22 (1)

Omit “the Minister, or”.

Coal Excise Act 1949

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller has the general administration of this Act.”.

Section 4—

After the definition of “coal mine”, insert the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901;”.

Section 4 (definition of “the Collector”)—

Omit the definition.

Commerce (Trade Descriptions) Act 1905

After section 1—

Insert the following section:

General administration of Act in relation to imports

“1a. The Comptroller-General of Customs has the general administration of this Act in so far as it relates to imports.”.

Customs Act 1901

Sub-section 4 (1) (definition of “Collector”)—

Omit the definition.

Sub-section 4 (1) (definition of “Officer” or “Officer of Customs”)—

Omit the definition, substitute the following definition:

“‘Officer’ or ‘Officer of Customs’ means a person—

(a) employed in the Customs; or

(b) authorized in writing by the Comptroller to perform the functions of an officer of Customs,

and includes, in relation to a provision of this Act, a person authorized in writing by the Comptroller to perform the functions of an officer of Customs under that provision.”.

Sub-section 4 (1) (definition of “The Customs”)—

Omit the definition, substitute the following definition:

“‘The Customs’ means the Australian Customs Service.”.


SCHEDULE—continued

Section 7—

Repeal the section, substitute the following section:

General administration of Act

“7. The Comptroller has the general administration of this Act.”.

Sub-section 8 (1)—

Omit the sub-section, substitute the following sub-section:

“(1) In this Act—

(a) a reference to a Collector shall be construed as a reference to—

(i) any principal officer of Customs; or

(ii) any officer doing duty in the matter in relation to which the expression is used; and

(b) a reference to the Collector of Customs, or to a Collector of Customs, for a State or Territory shall be construed as a reference to the principal officer of Customs for that State or Territory or for a part of that State or Territory.”.

Sub-section 8 (2)—

Omit “A reference in sub-section (1) to a State shall be read as including a reference to—”, substitute “For the purposes of this Act, a State shall be taken to include—”.

Sub-section 8 (3)—

Omit “A reference in sub-section (1) to the Northern Territory shall be read as including a reference to”, substitute “For the purposes of this Act, the Northern Territory shall be taken to include”.

Section 10—

Repeal the section.

Section 17—

Omit “Minister”, substitute “Comptroller”.

Sub-section 28 (2)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 30a (2) and (3)—

Omit “Minister”, substitute “Comptroller”.

Sub-section 114a (1)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 162 (3) and (4)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 162a (5) and (8)—

Omit “Minister”, substitute “Comptroller”.

Sections 267, 268 and 269—

Omit “Minister” (wherever occurring), substitute “Comptroller”.


SCHEDULE—continued

Sub-section 269b (4)—

Omit “Minister”, substitute “Comptroller”.

Sections 269c, 269d, 269e, 269f and 269g—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Sub-section 269j (1)—

Omit “Minister” (last occurring), substitute “Comptroller”.

Sub-section 269j (2)—

Omit “Minister”, substitute “Comptroller”.

Sections 269k, 269l, 269n and 269p—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Sub-section 269r (1)—

Omit “Minister” (first occurring), substitute “Comptroller”.

Sub-section 269r (2)—

Omit “Minister” (first occurring), substitute “Comptroller”.

Sub-section 269s (1)—

Omit “Minister”, substitute “Comptroller”.

Sub-section 269u (1)—

Omit “Minister” (second occurring), substitute “Comptroller”.

Sub-section 269u (8)—

Before “Minister”, insert “Comptroller for submission to the”.

Sections 271, 272, 273 and 273a—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Section 273ga—

Omit from paragraphs (1) (m) and (n) “Minister”, substitute “Comptroller”.

Customs Securities (Penalties) Act 1981

After section 2—

Insert the following section:

General administration of Act—

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Customs Tariff Act 1982

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller has the general administration of this Act.”.


SCHEDULE—continued

Section 25—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Schedule 3—

Sub-item 22.09.3—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Schedule 4—

Omit from items 14, 32 and 35 in Part I “Minister” (wherever occurring), substitute “Comptroller”.

Customs Tariff (Anti-Dumping) Act 1975

After section 3—

Insert the following section:

General administration of Act

“3a. The Comptroller has the general administration of this Act.”.

Sub-section 4 (1)—

Before the definition of “determination”, insert the following definition:

“‘Comptroller’ means the Comptroller-General of Customs;”.

Paragraph 4 (2) (c)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 4 (3) and (3a)—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Paragraph 4a (1) (c)—

Omit “Minister”, substitute “Comptroller”.

Paragraph 4a (2) (c)—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Sub-sections 4a (3) and (4)—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Section 5—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Sub-sections 8 (7) and (8)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 9 (7) and (8)—

Omit “Minister”, substitute “Comptroller”.

Sub-sections 10 (7), (8) and (9)—

Omit “Minister” (wherever occurring), substitute “Comptroller”.

Sub-sections 11 (7), (8) and (9)—

Omit “Minister” (wherever occurring), substitute “Comptroller”.


SCHEDULE—continued

Sub-section 17 (2)—

Omit “Minister”, substitute “Comptroller”.

Sub-section 20 (1)—

Omit the sub-section, substitute the following sub-section:

“(1) The Minister or the Comptroller may, by notice published in the Gazette, revoke a notice by the Minister or the Comptroller, as the case may be, published pursuant to this Act and shall do so if satisfied that, were the notice not in force, the Minister or the Comptroller, as the case may be, would not be authorized by this Act to cause the notice to be published.”.

Customs Tariff (Coal Export Duty) Act 1915

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Customs Tariff (Uranium Concentrate Export Duty) Act 1980

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Customs Undertakings (Penalties) Act 1981

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Distillation Act 1901

After section 2—

Insert the following section:

General administration of Act

“3. The Comptroller has the general administration of this Act.”.

Sub-section 6 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.


SCHEDULE—continued

Excise Act 1901

Sub-section 4 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Sub-section 4 (1) (definition of “The Customs”)—

Omit the definition, substitute the following definition:

“‘The Customs’ means the Australian Customs Service.”.

Sections 7 to 12 (inclusive)—

Repeal the sections, substitute the following sections:

General administration of Act

“7. The Comptroller has the general administration of this Act.

Delegation by Minister

“8. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person all or any of the Minister’s powers under any Excise Act, other than this power of delegation.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of the Excise Act that conferred the power, be deemed to have been exercised by the Minister.

“(3) A delegation under this section does not prevent the exercise of a power by the Minister.”.

Section 58a—

Omit “Minister”, substitute “Comptroller”.

Sections 165, 166 and 167—

Omit “Minister”, substitute “Comptroller”.

Excise Tariff Act 1921

After section 1—

Insert the following section:

General administration of Act

“1a. The Comptroller has the general administration of this Act.”.

Schedule—

Omit from item 9a “Minister” (wherever occurring), substitute “Comptroller”.

Liquefied Petroleum Gas (Grants) Act 1980

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.


SCHEDULE—continued

Section 3—

After the definition of “commencing date”, insert the following definition:

“‘Comptroller-General’ means the Comptroller-General of Customs;”.

Sub-sections 7a (5), (6), (7), (8), (8a), (8b), (8c), (9), (10), (11) and (18)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-sections 7a (24), (25) and (26)—

Omit the sub-sections.

Section 8—

Omit “Minister”, substitute “Comptroller-General”.

Paragraphs 15 (p) and (q)—

Omit “Minister or of his delegate”, substitute “Comptroller-General or of a delegate of the Comptroller-General”.

Sub-section 15a (1)—

After “Minister” (last occurring), insert “, the Comptroller-General, a delegate of the Comptroller-General”.

Narcotic Drugs Act 1967

After section 2—

Insert the following section:

General administration of certain provisions

“3. The Comptroller has the general administration of—

(a) sections 12 and 22, and sub-section 24 (2); and

(b) so much of the remaining provisions of this Act (other than sections 9, 10, 11, 13, 19 and 23 and sub-section 24 (1)) as relates to powers and functions under the sections and sub-section referred to in paragraph (a).”.

Section 25—

Omit “, the Secretary or the Comptroller” (wherever occurring), substitute “or the Secretary”.

Nitrogenous Fertilizers Subsidy Act 1966

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Sub-section 3 (1) (definition of “authorized person”)—

Omit “by the Minister”.

Sub-section 3 (1) (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.


SCHEDULE—continued

Sub-section 3 (1) (definition of “registered premises”)—

Omit “by the Minister”.

Paragraph 5 (2) (b)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 5 (2a)—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 6—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 11—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 14 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 15 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 16—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 17—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 18—

Omit “Minister”, substitute “Comptroller-General”.

Section 22—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 23a—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 25—

Omit “or the Comptroller-General” (wherever occurring).

Phosphate Fertilisers Subsidy Act 1963

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General has the general administration of this Act.”.

Section 3 (definition of “authorized person”)—

Omit “by the Minister”.


SCHEDULE—continued

Section 3 (definition of “Collector”)—

Omit the definition, substitute the following definition:

“‘Collector’ has the same meaning as in the Customs Act 1901”.

Section 3 (definition of “registered premises”)—

Omit “by the Minister”.

Section 5—

Omit “or the Minister”, substitute “, the Minister or the Comptroller-General”.

Section 7—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Sub-section 11 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Sub-section 12 (1)—

Omit “Minister”, substitute “Comptroller-General”.

Section 13—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 14—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 15—

Omit “Minister”, substitute “Comptroller-General”.

Section 19—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 20a—

Omit “Minister” (wherever occurring), substitute “Comptroller-General”.

Section 22—

Omit “or the Comptroller-General” (wherever occurring).

Psychotropic Substances Act 1976

After section 2—

Insert the following section:

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Spirits Act 1906

After section 2—

Insert the following section:


SCHEDULE—continued

General administration of Act

“2a. The Comptroller-General of Customs has the general administration of this Act.”.

Sub-section 3 (1) (definition of “Collector” and “Collector of Customs”)—

Omit the definition, substitute the following definition:

“‘Collector’ and ‘Collector of Customs’ have the same meanings as in the Customs Act 1901”.

Sub-section 3 (1) (definition of “Officer” or “Officer of Customs”)—

Omit the definition, substitute the following definition:

“‘Officer’ or ‘Officer of Customs’ has the same meaning as in the Customs Act 1901”.

States Grants (Petroleum Products) Act 1965

After section 1—

Insert the following section:

General administration of Act

“1a. The Comptroller-General of Customs has the general administration of this Act.”.

 

[Ministers second reading speech made in—

Senate on 23 April 1985

House of Representatives on 21 May 1985, a.m.]

Overview

The Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 was enacted to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Customs Administration Act 1985. This Act was assented to on 29 May 1985 by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia. It provides for the continuation of certain appointments, authorizations, permissions, approvals, determinations, orders, requirements, by-laws, notices, and other instruments made by a Minister or a delegate of a Minister before the commencement of this Act, as if they had been made by the Comptroller-General of Customs. The Act also makes amendments to various other Acts to reflect the transfer of certain powers to the Comptroller-General of Customs. The policy objective of this Act is to ensure a smooth transition of administrative functions to the Comptroller-General of Customs as provided for in the Customs Administration Act 1985.

Scope and Application

The Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 applies to various specified Acts, including but not limited to the Bounty (Agricultural Tractors) Act 1966, Bounty (Bed Sheeting) Act 1977, Bounty (Books) Act 1969, and numerous others related to different bounties and duties. This Act is intended to enact certain transitional provisions and make consequential amendments in consequence of the enactment of the Customs Administration Act 1985. The Act transfers the administrative responsibilities from various Ministers to the Comptroller-General of Customs. It ensures that appointments, authorizations, permissions, approvals, determinations, orders, requirements, by-laws, notices, or other instruments made before the commencement of this Act by a Minister or a delegate of a Minister continue in force as if they were made by the Comptroller-General of Customs. The geographic reach of this Act is national, applying throughout the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the Act itself, though the application and scope of the consequential amendments depend on the specific provisions of the Acts being amended. The application of this Act can be extended or restricted through subordinate instruments as specified in the various amended Acts.

Key Provisions

The Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 primarily deals with the transition of administrative powers from Ministers and their delegates to the Comptroller-General of Customs, as established by the Customs Administration Act 1985. Section 4 of the Act ensures that any appointments, authorizations, permissions, approvals, determinations, orders, requirements, by-laws, notices, or other instruments made by a Minister or their delegate before the Act's commencement continue in force as if they were made by the Comptroller-General of Customs. This includes delegations of power that remain effective as if they were made by the Comptroller-General under the new Act. Additionally, any acts or omissions by a Minister or their delegate under the relevant provisions continue to apply as if the Comptroller-General had performed them. The Act imposes obligations on parties and entities affected by the transition of powers, requiring them to recognize the continuity of instruments and actions performed by the Minister or their delegate before the commencement of the Act. It also imposes on the Comptroller-General the responsibility of administering the various Acts listed in the Schedule, ensuring that the changes in administration do not disrupt ongoing processes and legal obligations. For breaches of the provisions of this Act or the Acts amended by it, there are potential civil or criminal consequences depending on the specific Act involved. However, the Act itself does not specify penalties or offences directly; these would be determined by the individual Acts it amends. For instance, penalties for breaches of customs-related provisions would typically be found in the Customs Act 1901 or related legislation. The severity of penalties can vary widely based on the nature and seriousness of the breach, with potential maximum penalties ranging from fines to imprisonment, depending on the specific legal context and the discretion of the court.

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Customs & Trade Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.