Customs Amendment Ordinance 2001 (No. 1) (CI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006B00140 Not in force Legislative Instrument

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Territory of Christmas Island

Customs Amendment Ordinance 2001 (No. 1)1

No. 2 of 20012

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.

Dated 27 September 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Regional Services, Territories and Local Government

An Ordinance to amend the Customs Ordinance 1993

1 Name of Ordinance

  This Ordinance is the Customs Amendment Ordinance 2001 (No. 1).

2 Commencement

  This Ordinance commences on gazettal.

3 Amendment of Customs Ordinance 1993

  Schedule 1 amends the Customs Ordinance 1993.

Schedule 1 Amendments

(section 3)

 

[1] Sections 3 and 4

substitute

3 Definitions

  In this Ordinance, unless the contrary intention appears:

applied customs law means a law of the Commonwealth in its application to the Territory in accordance with this Ordinance.

Comptroller means the person appointed under section 7.

Customs Minister means the Minister who administers the Customs Act 1901.

customs officer means:

 (a) the Comptroller; and

 (b) a person appointed under section 8.

4 Application of Commonwealth Customs legislation

 (1) Subject to this Ordinance, the following laws of the Commonwealth apply in the Territory as if they were laws of the Territory, except to the extent that they deal with duties of customs:

 (a) the Customs Act 1901;

 (b) regulations in force under that Act;

 (c) the Customs Administration Act 1985;

 (d) regulations in force under that Act.

 (2) For the purposes of this Ordinance:

 (a) the Customs Act 1901 in its application to the Territory:

 (i) is modified in accordance with Schedule 1; and

 (ii) may be cited as the Customs Act 1901 (C.I.); and

 (b) the Customs Regulations 1926 in their application to the Territory:

 (i) are modified in accordance with Schedule 2; and

 (ii) may be cited as the Customs Regulations 1926 (C.I.); and

 (c) the Customs Administration Act 1985 in its application to the Territory:

 (i) is modified in accordance with Schedule 3; and

 (ii) may be cited as the Customs Administration Act 1985 (C.I.).

 (3) For the purposes of the applied customs laws, goods have the same classification as they would have if they were classified under a tariff classification under the Customs Tariff Act 1995.

[2] Paragraph 5 (a)

omit

the Minister who administers this Ordinance;

insert

the Customs Minister;

[3] Section 7

omit

Minister

insert

Customs Minister

[4] Schedule 1, subitem 2.5

after

a customs officer

insert

within the meaning of the Customs Ordinance 1993

[5] Schedule 1, subitem 6.1

substitute

6.1 Subsection 180 (1) (definition of agents licence):

 Omit the definition, substitute:

broker’s licence means a licence to act as a customs broker under the Customs Act 1901.

[6] Schedule 2, item 1

before

125

insert

124A,

[7] Schedule 2, item 2

omit

166 (inclusive)

insert

162B

[8] After Schedule 2

insert

Schedule 3 Modification of Customs Administration Act 1985

(paragraph 4 (2) (c))

1 Section 3

substitute

3 Interpretation

  In this Act:

CEO means the Comptroller of the Indian Ocean Territories Customs Service.

Customs Ordinance 1993 means the Customs Ordinance 1993 in force under the Christmas Island Act 1958.

2 Sections 4, 4A, 5 to 13

omit

3 Subsection 14 (1)

omit

a law of customs or any other law of the Commonwealth.

insert

the Customs Ordinance 1993 or an applied customs law within the meaning of that Ordinance.

4 Subsection 14 (3)

substitute

 (3) A function or power delegated under this section, when performed or exercised by the delegate, is taken to have been performed or exercised by the CEO.

5 Subsection 14 (5)

after

Customs Act 1901

insert

(C.I.)

6 Section 15

omit

7 Paragraphs 16 (1) (a) and (1AA) (b) and (c)

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

8 Paragraphs 16 (1AA) (d) and (e)

omit each mention of

a law of customs or any other law of the Commonwealth;

insert

the Customs Ordinance 1993 or an applied customs law within the meaning of that Ordinance;

9 Subsection 16 (1A), definition of duties, and the example

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

10 Subsection 16 (1A), definition of State

substitute

State includes a Territory.

11 Subsections 16 (3A), (3B), (3C) and (3D)

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

12 Sections 16A, 17 and 18

omit

Notes

1. This Ordinance amends Ordinance No. 7, 1993, as amended by No. 1, 1996.

2. Notified in the Commonwealth of Australia Gazette on 28 September 2001.

 

Overview

The Customs Amendment Ordinance 2001 (No. 1) was enacted to address the need for updated customs regulations on Christmas Island, ensuring that the existing customs framework is both compliant with current laws and effectively administered. This amendment was made under the authority of the Christmas Island Act 1958 by the Governor-General, Peter John Hollingworth, on the advice of the Federal Executive Council. The primary objective of this ordinance is to align the customs legislation on Christmas Island with the relevant Commonwealth laws, particularly focusing on the application of the Customs Act 1901 and the Customs Administration Act 1985 to the Territory. This ensures that the customs processes on the island are in harmony with national standards while allowing for specific local adaptations as necessary.

Scope and Application

The Customs Amendment Ordinance 2001 (No. 1) applies to the Territory of Christmas Island, bringing certain Commonwealth customs legislation into effect within the Territory. This includes the Customs Act 1901, the Customs Administration Act 1985, and associated regulations, which are modified to suit the local context as detailed in the schedules of the Ordinance. The Ordinance applies to the Comptroller of the Indian Ocean Territories Customs Service, customs officers, and other relevant personnel as defined within the Customs Ordinance 1993. The Ordinance does not include provisions that specifically deal with duties of customs, which remain governed by local laws. This amendment extends the application of Commonwealth customs laws to the Territory, ensuring that the administration of customs aligns with broader federal regulations, while maintaining the specific modifications and references to local customs services as outlined in the schedules.

Key Provisions

The Customs Amendment Ordinance 2001 (No. 1) amends the Customs Ordinance 1993, primarily through the insertion and modification of various sections and definitions (Schedules 1-3). For example, section 3 redefines applied customs law to mean Commonwealth law applied to the Territory according to the Ordinance (Section 3). Additionally, section 4 modifies the application of Commonwealth customs legislation, including the Customs Act 1901, Customs Administration Act 1985, and related regulations (Section 4(1)). These modifications include specific changes to the classification of goods, the roles of customs officers, and the citation of the modified acts as applied to the Territory (Sections 4(2)-(3)). The Ordinance also modifies the interpretation and application of certain sections of the Customs Administration Act 1985, including the definition of the Chief Executive Officer (CEO) and the references to the Indian Ocean Territories Customs Service (Schedule 3). The Ordinance imposes several obligations on parties and entities governed by it. These include the application of Commonwealth customs laws to the Territory, with specific modifications as outlined in the Schedules. For instance, customs officers are defined to include the Comptroller and appointed persons (Section 4(1)(b)). The Ordinance also mandates the modification of the Customs Act 1901 and Customs Administration Act 1985 to reflect their application within the Territory, including the substitution of certain terms and the citation of these acts as applied to the Territory (Sections 4(2)-(3)). Furthermore, the Ordinance requires the Customs Minister to administer the Ordinance and ensures that the CEO of the Indian Ocean Territories Customs Service is responsible for delegated functions and powers (Sections 7 and 14). Breaches of the provisions in the Customs Amendment Ordinance 2001 (No. 1) can result in various penalties and consequences. The specific penalties are not detailed within the text of the Ordinance itself, but they would typically align with the penalties outlined in the Customs Ordinance 1993 and other applicable Commonwealth laws. Generally, penalties can include fines and imprisonment for serious offences, such as smuggling or fraud related to customs duties. For example, under the Customs Act 1901, an offence involving the importation of dutiable goods without payment of duty can result in a penalty of up to 10 years imprisonment (Section 169). The Ordinance ensures that any breach of its provisions is subject to the same penalties as outlined in the applicable Commonwealth laws, modified as necessary to reflect their application within the Territory.

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