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

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

Legislation au F2006B00523 Not in force Legislative Instrument

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Territory of COCos (keeling) Islands

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 Cocos (Keeling) Islands Act 1955.

Dated 27 September 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Regional Services, Territories andLocal 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 2 and 3

substitute

2 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 6.

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

customs officer means:

 (a) the Comptroller; and

 (b) a person appointed under section 7.

3 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.K.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.K.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.K.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 4 (a)

omit

the Minister who administers this Ordinance;

insert

the Customs Minister;

[3] Section 6

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 3 (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 Cocos (Keeling) Islands Act 1955.

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.K.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. 6, 1993, as amended by No. 1, 1996.

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

 

Overview

The Territory of Cocos (Keeling) Islands Customs Amendment Ordinance 2001 (No. 1) was enacted to amend the Customs Ordinance 1993, ensuring the alignment and application of Commonwealth customs laws in the Territory of Cocos (Keeling) Islands. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, Peter John Hollingworth, acting on the advice of the Federal Executive Council under the authority of the Cocos (Keeling) Islands Act 1955. The objective of the ordinance is to modify the application of various Commonwealth customs legislations in the Territory, ensuring that the local customs administration is in harmony with federal customs laws while accommodating the unique jurisdictional context of the Territory. The ordinance aims to streamline the customs processes and governance within the Territory by aligning the local customs framework with the overarching Commonwealth customs laws.

Scope and Application

The Customs Amendment Ordinance 2001 (No. 1) applies specifically to the Territory of the Cocos (Keeling) Islands, seeking to modify and integrate the application of Commonwealth customs legislation within this territory. It aims to align the customs laws of the Territory with those of the Commonwealth, ensuring a consistent regulatory environment across Australia’s external territories. This Ordinance modifies the application of various Commonwealth laws, including the Customs Act 1901, the Customs Administration Act 1985, and their associated regulations, to ensure they operate seamlessly within the Territory. The Ordinance also defines key terms such as “applied customs law,” “Comptroller,” and “customs officer” to clarify the roles and responsibilities within the customs administration framework of the Territory. The application of these laws is subject to specific modifications outlined in the Schedules to the Ordinance, ensuring that the unique circumstances of the Territory are taken into account while maintaining the integrity of the national customs regime.

Key Provisions

The Customs Amendment Ordinance 2001 (No. 1) amends the Customs Ordinance 1993 to adapt Commonwealth customs legislation to the Territory of Cocos (Keeling) Islands. The Ordinance, as referenced in section 3, makes specific changes to the existing customs laws, including the Customs Act 1901, Customs Regulations 1926, and Customs Administration Act 1985. These laws apply in the Territory as if they were local laws, subject to modifications outlined in the schedules attached to the Ordinance. The primary modification is the adjustment of the classification of goods to align with the Customs Tariff Act 1995. Additionally, the Ordinance updates references to authorities and agencies, replacing terms like "Minister" with "Customs Minister" and modifying the definition of "customs officer" to include those appointed under section 7. Under the amended Customs Ordinance 1993, various obligations and requirements are imposed on the parties involved. For instance, the Comptroller, appointed under section 6, has specific responsibilities that include overseeing customs operations within the Territory. Customs officers, defined under section 3, are granted certain powers and duties as outlined in the Ordinance. These officers must adhere to the applied customs laws, which now include modifications specified in Schedule 1 and Schedule 2. The Ordinance also mandates that functions or powers delegated under section 14 are considered to have been performed by the Comptroller of the Indian Ocean Territories Customs Service when exercised by the delegate. Breaches of the provisions outlined in the Customs Amendment Ordinance 2001 (No. 1) can lead to various legal consequences. Offences may result in penalties as prescribed by the applicable Commonwealth laws, including fines and imprisonment. The Ordinance does not explicitly state the maximum penalties for each breach, but these would typically be in accordance with the relevant Commonwealth legislation. Additionally, civil consequences may include the imposition of fines or other financial penalties. Ensuring compliance with the Ordinance is essential for avoiding these potential penalties and consequences.

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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.