Customs (Import Licensing) Regulations

Legislation au C1956L00093 Regulations Not in force Legislative Instrument

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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 The Customs (Import Licensing) Regulations, being Statutory Rules 1939, No. 163, are repealed.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 A licence which was granted under the Regulations repealed by the last preceding regulation and was in force immediately before the commencement of these Regulations, shall be deemed to be a licence granted under these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 An application for a licence under the Regulations repealed by the last preceding regulation which has not been granted or refused before the commencement of these Regulations shall be deemed to have been made under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.

(3.) Where any goods were, immediately before the commencement of these Regulations, excepted from the application of the Regulations repealed by regulation 2 of these Regulations, those goods shall, subject to sub-regulation (3.) of regulation 17 of these Regulations, be deemed to be excepted from the application of 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

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

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

(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.

Overview

The Customs (Import Licensing) Regulations, 1956, were enacted under the Customs Act 1901-1954 by the Governor-General, acting on the advice of the Federal Executive Council. This legislative instrument was introduced to address the need for a comprehensive regulatory framework governing the importation of goods into Australia, ensuring compliance with relevant customs laws and facilitating the control and management of imported goods. The primary objective of these regulations was to establish a structured process for the granting and management of import licences, alongside the prohibition of the importation of goods without the requisite licensing. The regulations were designed to provide additional layers of control over the importation process, supplementing existing laws and ensuring that any person involved in the importation of goods remained accountable under all applicable legislation.

Scope and Application

The Customs (Import Licensing) Regulations, established under the Customs Act 1901-1954, govern the importation of goods into Australia, providing a framework for the licensing process and setting out specific conditions and requirements that must be met. These regulations apply to all persons and entities seeking to import goods into Australia, supplementing any other laws that may relate to such importations. The scope of the regulations is comprehensive, covering all goods unless explicitly excepted by the Minister. The regulations allow for the delegation of the Minister's powers to licensing officers, enabling a more streamlined and efficient administration of import licensing. Furthermore, the importation of goods is strictly prohibited unless a valid licence is obtained and all conditions and restrictions specified in the licence are adhered to. Exceptions to the application of these regulations can be made by the Minister for certain classes of goods, provided they meet specific criteria such as origin, import method, or intended use. Decisions made by the Minister regarding licences and exceptions are final, barring any ministerial review at the request of dissatisfied parties.

Key Provisions

The Customs (Import Licensing) Regulations (1956) lay out several key provisions regarding the import licensing process for goods into Australia. Section 7 prohibits the importation of any goods unless a valid licence has been obtained and any associated conditions or restrictions are met. Licences must be applied for in the prescribed form (section 8) and can be granted for all or part of the goods specified in the application (section 11). The Minister has the authority to impose conditions on the licence at the time of grant or afterwards (section 12), and to vary or revoke these conditions. Licence holders must notify the Collector if certain conditions are not met (section 13). Licences are non-transferable (section 16) and can be revoked by the Minister (section 15). The Minister can also exempt certain goods from the application of these Regulations (section 17), and can review and amend decisions made by licensing officers (sections 18 and 19). Under these Regulations, parties seeking to import goods into Australia must apply for a licence, providing any additional information required by a licensing officer (section 10). Licences can only be applied for if the applicant intends to give directions for the exportation of the goods within a reasonable timeframe after the grant of the licence (section 9). Licence holders must provide security for compliance with the Customs Act 1901-1954 and the terms of the licence (section 14). Failure to comply with the terms of the licence, such as not exporting the goods within the specified timeframe, can result in the revocation of the licence (section 13). These Regulations do not specify any criminal offences or penalties. However, failure to comply with the terms of the licence can result in the revocation of the licence (section 13). Additionally, any breach of the conditions or requirements of the licence, or failure to comply with any other law relating to the importation of goods, could result in civil or criminal penalties under other legislation. The exact consequences would depend on the nature and severity of the breach.

Area of Law: Customs Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Delegation; Prohibited Conduct; Compliance Obligations

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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.

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