Customs By-law No. 9040001

Overview

The Customs By-law No. 9040001, enacted in 1989, was introduced to address a specific need related to the ANZAC Ships Project, which involved the use of certain goods that were either to become the property of the Commonwealth of Australia or to be exported under a Defence Offsets program. This by-law was created under the authority of the Customs Act 1901 and the Customs Tariff Act 1987. The primary objective was to ensure that the importation of these specified goods was properly certified and aligned with the Defence Offsets program, thereby facilitating the efficient execution of the project. The by-law stipulates that the owner of the goods must present a certificate from an authorised officer of the Department of Defence to the Collector, affirming that the goods are intended for use in connection with the ANZAC Ships Project. This measure aims to streamline the customs process and ensure compliance with the Defence Offsets program, contributing to the successful implementation of the project.

Scope and Application

The Customs By-law No. 9040001 applies specifically to goods that are intended for use in connection with the ANZAC Ships Project. These goods, upon importation, must either become the property of the Commonwealth of Australia or be exported under a formal Defence Offsets program. The by-law is a subordinate instrument created under the authority of the Customs Act 1901 and operates in conjunction with the Customs Tariff Act 1987. It mandates that the owner of such goods must provide a certificate from an authorised officer of the Department of Defence to the Collector, verifying that the goods are indeed intended for the ANZAC Ships Project. This by-law ensures that the importation process for these specific goods adheres to the requirements outlined, thereby regulating the scope of application and ensuring compliance with the Defence Offsets program.

Key Provisions

The Customs By-law No. 9040001, made under the authority of the Customs Act 1901 and the Customs Tariff Act 1987, applies specifically to goods intended for use in connection with the ANZAC Ships Project. These goods must either become the property of the Commonwealth of Australia or be exported under a formal Defence Offsets program. The by-law, which took effect from 14 August 1989, necessitates that the owner of the goods produce a certificate from an authorised officer of the Department of Defence to satisfy the Collector (section 5). The obligations imposed by the by-law require the owner of the goods to present a certificate from the Department of Defence, verifying that the goods are indeed intended for the ANZAC Ships Project. This certificate must be produced for each importation of the specified goods (section 5). The Customs Tariff Act 1987, as amended, governs the application of this by-law to the designated goods. The by-law outlines a clear procedure for the Collector to verify the intended use of the goods through the presentation of the necessary certification. Non-compliance with the by-law may lead to civil and criminal consequences. Although specific penalties are not detailed within the by-law itself, breaches of customs regulations typically result in penalties under the Customs Act 1901. These penalties can include fines and potential imprisonment, depending on the severity and intent of the breach. The maximum penalties under the Customs Act can extend to significant financial penalties and imprisonment for up to two years for serious offences. The precise consequences for non-compliance would be determined in accordance with the broader legislative framework provided by the Customs Act 1901.