Customs (Import Licensing) Regulations

Legislation au C1939L00163 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1939. No. 163.

————

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936.*

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 1901-1936.

Dated this twenty ninth day of November, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Trade and Customs.

———

Customs (Import Licensing) Regulations.

Short title.

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

Definitions.

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

“licence” means a licence granted in pursuance of these Regulations;

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

Prohibition of imports.

3. The importation of any goods shall be prohibited unless—

(a) a licence to import the goods is in force and the terms and conditions (if any) to which the licence is subject are complied with; or

(b) the goods are excepted from the application of these Regulations.

Application of Regulations.

4. These Regulations shall apply with respect to the importation of any goods notwithstanding that a licence or other authority for the importation of the goods is in force under the provisions of any other law.

Saving of other laws.

5. The grant of a licence under these Regulations with respect to any goods or the exception of any goods from the application of these Regulations shall not absolve any person from the obligation to comply with the provisions of any other law relating to the importation of goods.

Applications for licences.

6.—(1.) Any person desiring to import goods not excepted from the application of these Regulations shall make application in accordance with such form as the Minister directs for a licence to import the goods.

* Notified in the Commonwealth Gazette on , 1939.

2001.—10/28.11.1939.—Price 3d.


(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:

Provided that where the Minister so directs the application shall be delivered to the Comptroller-General of Customs.

Licence not to be applied for unless goods ordered.

7. A person shall not, except where the Minister otherwise approves, apply for a licence to import any goods unless he intends forthwith to give, to the overseas supplier, firm directions for the exportation to Australia of all of the goods (other than goods so exported at the date of the grant of the licence).

Notification of directions for exportation to Australia.

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

(a) if 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 any firm directions so despatched are countermanded; or

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

notify the Collector in writing accordingly.

(2.) In the last preceding sub-regulation the term “Collector” means the Collector at the port at which the licence was granted.

Additional information.

9. Every applicant for a licence shall supply to a licensing officer such information additional to that required in accordance with the form of application as the licensing officer requires.

Licences.

10. The Minister may grant a licence in respect of all the goods included in an application made in accordance with these Regulations or in respect of part only of such goods or may refuse to grant a licence.

Terms and conditions of licences.

11.—(1.) The Minister may grant any licence subject to such terms and conditions as he approves or determines.

(2.) The Minister may vary or modify the terms and conditions of any licence and may order that a licence granted free from terms and conditions shall be subject to such terms and conditions as he determines.

Revocation of licences.

12. The Minister may revoke any licence.

Licences not transferable.

13. A licence shall not be transferable.

Delegation.

14.—(1.) The Minister may, by writing under his hand, delegate to any licensing officer all or any of his powers of granting, refusing to grant and revoking licences and of approving, determining, varying and modifying the terms and conditions of licences, so that the delegated powers may be exercised by the delegate.

(2.) An appeal shall lie to the Minister from any decision of a licensing officer in pursuance of any power delegated to him by the Minister.

(3.) The decision of the Minister in any such appeal shall be final.

(4.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power by the Minister.


Exceptions.

15.—(1.) The Minister may except from the application of these Regulations any goods or any classes of goods.

(2.) Without prejudice to the generality of sub-regulation (1.) of this regulation, the exception of any goods from the application of these Regulations may be limited to—

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

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

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

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

Security.

16.—(1.) Before any licence is granted the applicant for the licence shall, if required so to do by the licensing officer, give security that he will order and import the goods in accordance with the particulars contained in the application, and will comply with the terms and conditions (if any) to which the licence is subject and with the requirements of these Regulations.

(2.) Any security given in respect of a licence shall, unless the licensing officer otherwise determines, be for a sum equal to twice the estimated value of the goods to which the licence relates.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Customs (Import Licensing) Regulations 1939 were enacted under the Customs Act 1901-1936 by the Governor-General, acting on the advice of the Federal Executive Council. These regulations were introduced to address the need for stricter control over the importation of goods into Australia, aiming to ensure that imports were conducted in accordance with national interests and regulatory requirements. The policy objective of these regulations is to prohibit the importation of any goods unless a licence is in force or the goods are excepted from the application of these Regulations. This legislative instrument mandates that any person desiring to import goods not excepted from these Regulations must apply for a licence, subject to the approval and conditions set by the Minister. The enactment of these regulations provides a structured framework for the import licensing process, ensuring compliance with national laws and regulations.

Scope and Application

The Customs (Import Licensing) Regulations made under the Customs Act 1901-1936, govern the importation of goods into Australia, imposing restrictions and conditions on the process. These regulations apply to all individuals or entities seeking to import goods, regardless of any other licenses or permissions they might hold under other laws. The scope of the regulations is national, impacting all ports of entry within Australia, as they take precedence over other importation laws. The regulations permit the Minister to grant licenses for the importation of goods, subject to specific terms and conditions, and mandate that any person applying for such a licence must adhere to the prescribed application process, including providing necessary information and, potentially, providing security. Additionally, the Minister has the discretion to exempt certain goods or classes of goods from the regulations, subject to specified conditions such as country of origin, method of import, or intended use. The regulations do not specify any explicit exclusions or thresholds but allow for flexibility through the delegation of authority to licensing officers and the ability to modify or revoke any licence or exception.

Key Provisions

The Customs (Import Licensing) Regulations outline the key requirements for the importation of goods into Australia, operating under the Customs Act 1901-1936. Firstly, the importation of any goods is prohibited unless a licence to import is in force and the conditions of the licence are met, or the goods are specifically excepted from these Regulations (section 3). The Regulations apply regardless of any other existing licences or authorities under different laws (section 4). Importantly, obtaining a licence under these Regulations does not exempt individuals from other laws relating to the importation of goods (section 5). These Regulations impose several obligations on individuals and entities seeking to import goods. Any person wishing to import goods not excepted from these Regulations must apply for a licence by completing a form directed by the Minister (section 6). The application must be submitted to the Collector at the intended port of import or to the Comptroller-General of Customs, as directed by the Minister (section 6). A person must not apply for a licence unless they intend to place firm orders for the exportation of the goods to Australia, unless otherwise approved by the Minister (section 7). Once a licence is granted, the holder must notify the Collector if they fail to send firm directions for exportation within one month, if they countermand such directions, or if they do not import the goods within the specified time (section 8). Additionally, applicants must provide any additional information required by a licensing officer (section 9). Failure to comply with these Regulations can lead to significant consequences. The Minister has broad powers to grant, refuse, or revoke licences, and to set or modify the terms and conditions of any licence (sections 10 and 11). Licences cannot be transferred and must be revoked if certain conditions are not met (sections 12 and 13). The Minister can also delegate these powers to licensing officers, though such delegations can be revoked at any time (section 14). Additionally, the Minister can except certain goods or classes of goods from the application of these Regulations, with specific conditions (section 15). Before granting a licence, applicants may be required to provide security to ensure compliance with the terms and conditions of the licence and the Regulations, typically set at twice the estimated value of the goods (section 16).

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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.