EXPLANATORY STATEMENT
Statutory Rules 1985 No. 104
Customs (Import Licensing) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Customs Administration Act 1985 (the Act) (Act No. 38 of 1985 assented to on 29 May 1985) establishes the Australian Customs Service and creates the statutory office of the Comptroller-General of Customs, who shall, under the Minister control the Australian Customs Service.
The Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 (Act No. 39 of 1985 assented to on 29 May 1985) vests in the Comptroller-General of Customs the general administration of the legislation to be administered by the Australian Customs Service and effects the transfer of delegated powers in that legislation from the Minister to the Comptroller-General. Those powers are now capable of delegation pursuant to section 14 of the Act which is now the Comptroller-General’s general power of delegation.
The purpose of the regulations is to amend the Customs (Import Licensing) Regulations to transfer from the Minister to the Comptroller-General the delegated powers under the Regulations
Regulation 1 - provides for the regulations to come into force on the 10 June 1985 which is the day on which the Customs Administration Act 1985 came into operation.
Regulation 2 - amends the Customs (Import Licensing) Regulations as set out in the Schedule:
Paragraph 9(a) - transfers to the Comptroller the Minister’s power to approve the granting of a licence prior to the export of goods from overseas.
Regulation 11 - transfers to the Comptroller the Minister’s power to grant or refuse to grant a licence in respect of all or part of the goods included in an application.
Sub-regulation 12(1) - transfers to the Comptroller the Minister’s power to grant a licence subject to conditions or requirements.
Sub-regulation 12(2) - transfers to the Comptroller the Minister’s power to vary the conditions or requirements of a licence.
Regulation 15 - transfers to the Comptroller the Minister’s power to revoke a licence.