Customs (Import Licensing) Regulations

STATUTORY RULES.

1956. No. .

REGULATIONS UNDER THE CUSTOMS ACT 1901-1954.*

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1954.

Dated this fourteenth day of December, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

Customs (Import Licensing) Regulations.

Citation.

1. These Regulations may be cited as the Customs (Import Licensing) Regulations.

Repeal.

2. The Customs (Import Licensing) Regulations, being Statutory Rules 1939, No. 163, are repealed.

Licences granted, and applications and exceptions made, before commencement of these Regulations.

3.—(1.) A licence which was granted under the Regulations repealed by the last preceding regulation and was in force immediately before the commencement of these Regulations, shall be deemed to be a licence granted under these Regulations and the conditions and requirements, or the conditions or requirements, to which the licence was subject shall be deemed to be the conditions and requirements, or the conditions or requirements, as the case may be, to which the licence is subject under these Regulations.

(2.) An application for a licence under the Regulations repealed by the last preceding regulation which has not been granted or refused before the commencement of these Regulations shall be deemed to have been made under these Regulations.

* Notified in the Commonwealth Gazette on , 1956.

5784/56.—Price 3d. 10/20.11.1956.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“ licence ” means a licence granted or deemed to have been granted under these Regulations which is in force ;

“ licensing officer ” means an officer authorized by the Minister to act as a licensing officer for the purposes of these Regulations.

Application of Regulations.

5.—(1.) The provisions of these Regulations are in addition to the provisions of any other law of the Commonwealth relating to the importation of goods into Australia.

(2.) The grant of a licence under these Regulations to import goods into Australia or the exception of goods from the application of these Regulations shall not absolve a person from the obligation to comply with any other law relating to the importation of those goods.

Delegation.

6.—(1.) The Minister may, in relation to a matter or a class of matters, or to a State or part of the Commonwealth, by writing under his hand, delegate to a licensing officer any of his powers and functions under these Regulations (except this power of delegation).

(2.) A power or function so delegated may be exercised or performed by the delegate with respect to the matter or to the matters included in a class of matters, or with respect to the State or part of the Commonwealth specified in the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.

Prohibition of the importation of goods.

7. The importation of any goods (not being goods which are excepted from the application of these Regulations) is prohibited unless—

(a) a licence under these Regulations to import the goods is in force ; and

(b) the conditions and restrictions (if any) to which the licence is subject are complied with.

Application for licence.

8.—(1.) An application for a licence under these Regulations shall be in accordance with such form as the Minister directs.

(2.) The application shall be delivered, in such manner as the Minister directs, to the Collector at the port at which it is proposed to import the goods.

Licence not to be applied for unless goods ordered.

9. Except—

(a) where the Minister otherwise approves ; or

(b) where goods in respect of which the licence is applied for have been exported at the date of the application for the licence,

a person shall not apply for a licence to import any goods unless he intends forthwith after the grant of the licence to give to the overseas supplier firm directions for the exportation to Australia of the goods.

Additional information.

10. An applicant for a licence shall supply to a licensing officer such information additional to that required to be supplied in the form of application as the licensing officer requires.

Grant of licence.

11. The Minister may—

(a) grant a licence in respect of all the goods included in an application for a licence ;

(b) grant a licence in respect of part only of the goods so included ; or

(c) refuse to grant a licence.

Conditions of licences.

12.—(1.) The Minister may grant a licence subject to such conditions or requirements to be complied with by the person to whom the licence is granted, either before or after the importation of the goods in respect of which the licence is granted, as are specified in the licence.

(2.) After the grant of a licence under these Regulations, the Minister may, by notice in writing—

(a) where the licence was granted subject to conditions and requirements or conditions or requirements—

(i) vary any or all of those conditions or requirements ; or

(ii) direct that the licence be subject to conditions or requirements additional to those conditions or requirements ; or

(b) where the licence was granted without being subject to conditions or requirements—direct that the licence be subject to specified conditions or requirements,

and the conditions or requirements as so altered or directed are the conditions or requirements to which the licence is subject.

(3.) A copy of a notice under the last preceding sub-regulation shall be served on the person to whom the licence has been granted.

Notification of directions for exportation to Australia.

13.—(1.) A person to whom a licence is granted shall, except insofar as the Minister otherwise directs—

(a) if the firm directions for the exportation to Australia of all of the goods to which the licence relates (other than goods so exported at the date of the grant of the licence) are not despatched to the overseas supplier within one month after that date ;

(b) if firm directions so despatched are countermanded ; or

(c) if all the goods are not imported within the time (if any) specified in the licence,

notify the Collector to whom the application for the licence was made in writing accordingly.

(2.) Where a person fails to comply with the last preceding sub-regulation, the licence shall, by force of this sub-regulation, be deemed to have been revoked.

Security.

14. Where a licensing officer so requires, the grant or the continuance in force of a licence shall be subject to the condition that the applicant for, or the holder of, the licence furnishes to the Customs security, in such sum as the licensing officer considers sufficient, for compliance with the Customs Act 1901-1954 and for compliance with the conditions or requirements to which the licence is subject.

Revocation of licence.

15. The Minister may revoke a licence.

Licence not transferable.

16. A licence is not transferable.

Exceptions of goods from application of Regulations.

17.—(1.) The Minister may except from the application of these Regulations any goods or any goods included in a class of goods.

(2.) Without limiting the generality of the last preceding sub-regulation, the exception of any goods from the application of these Regulations may be limited to—

(a) goods produced or manufactured in a country or countries specified by the Minister ;

(b) goods to be imported in a manner, or at or within a time, specified by the Minister ; or

(c) goods to be used for a purpose specified by the Minister.

(3.) The Minister may vary or revoke an exception made in pursuance of this regulation.

Review of decisions by the Minister.

18. A person who is dissatified with a decision of a licensing officer given in the exercise of a power which has been delegated to him under these Regulations by the Minister may request the Minister to review the decision, and, upon such a request being made, the Minister may affirm, vary or revoke the decision.

Decision of the Minister to be final.

19. The decision of the Minister on a matter arising under these Regulations is final.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.