EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 396
CUSTOMS (IMPORT LICENSING) REGULATIONS (AMENDMENT)
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
On 1 April 1985 the Government announced, as part of the revised arrangements for Customs administration, the establishment of an independent Australian Customs Service (ACS), which was achieved by the passage of the Customs Administration Act 1985 (Act No. 38 of 1985). The Government’s decision on the establishment of the ACS included the transfer of the responsibilities of the Minister for Industry, Technology and Commerce deemed to be administrative in character to the Comptroller-General of Customs, so that the responsibility for the day to day running of the Service would be vested in that position.
The various responsibilities were transferred by two stages; the first set of powers were transferred by the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 (Act No 39 of 1985) and the second set transferred by the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986 (Act No. 10 of 1986). In addition, consequential amendments to various Regulations occurred.
It was originally determined that certain of the Minister’s powers contained in the Customs (Import Licensing) Regulations should be transferred from the Minister to the Comptroller-General, on the basis that those powers were already the subject of a delegation. These powers were transferred by Statutory Rules 1985, No 104.
Following a re-examination of the transferred powers however, it was considered that powers with respect to import licensing could not be regarded as merely administrative, as the power to issue licenses is directly related to Government action on Indistries Assistance Commission reports. Accordingly, the proposed amendments re-transfer the powers pertaining to import licensing from the Comptroller-General to the Minister.
The Schedule of Amendments amends the Customs (Import Licensing) Regulations as follows:
• Paragraph 9(a) is amended to transfer from the Comptroller back to the Minister the power to approve the granting of an import licence prior to the exportation of goods to Australia;
• Regulation 11 is amended to transfer from the Comptroller back to the Minister the power to grant or refuse to grant an import licence in respect of all or part of the goods included in an application;
• Sub-regulation 12(1) is amended to transfer from the Comptroller back to the Minister the power to grant an import licence subject to conditions or requirements.
• Sub-regulation 12(2) is amended to transfer from the Comptroller back to the Minister the power to vary the conditions or requirements of an import licence.
• Regulation 15 is amended to transfer from the Comptroller back to the Minister the power to revoke an import licence.