STATUTORY RULES
1965 No. 91
REGULATIONS UNDER THE CUSTOMS ACT 1901-1965.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1965.
Dated this first day of July, 1965.
HENRY ABEL SMITH
Administrator.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendment of the Customs (Prohibited Imports) Regulations†
Third Schedule—item 1.
1. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting from the third column of item 1 the words “Director-General of Civil Aviation” and inserting in their stead the words “Minister of State for Civil Aviation”.
Savings.
2. A permission issued by the Director-General of Civil Aviation for the purposes of item 1 of the Third Schedule to the Customs (Prohibited Imports) Regulations before the commencement of these Regulations shall, after the commencement of these Regulations, be deemed to be a permission issued by the Minister of State for Civil Aviation for the purposes of item 1 of the Third Schedule to the Customs (Prohibited Imports) Regulations as amended by the last preceding regulation.
* Notified in the Commonwealth Gazette on 1 July, 1965.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1955, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 177; 1962, No. 82; 1963, No. 26; and 1964, Nos. 25 and 39; and 1965, No. 81.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
7576/65.—Price 6d. (5 cents) 9/25.6.1965
Overview
The Statutory Rules 1965 No. 91, made under the Customs Act 1901-1965, were introduced to amend the Customs (Prohibited Imports) Regulations. Enacted by the Commonwealth of Australia, these regulations sought to address a procedural gap within the existing legislative framework concerning the authority responsible for issuing permissions for prohibited imports. This shift in responsibility from the Director-General of Civil Aviation to the Minister of State for Civil Aviation was aimed at ensuring that the administration of these permissions aligns with the broader objectives of the Customs Act, thereby maintaining the integrity and efficacy of the customs regulatory system. The amendment was designed to provide clarity and continuity in the application of the regulations, ensuring that permissions granted prior to the commencement of these regulations would still be valid under the new structure.
Scope and Application
The Regulations under the Customs Act 1901-1965 pertain to the control and regulation of prohibited imports into Australia, with the stated aim of enforcing compliance with customs laws at the national level. These regulations apply to all persons and entities involved in the importation of goods into Australia, as well as to any transactions involving such imports. The geographic scope of these regulations is nationwide, affecting all states and territories within the Commonwealth of Australia. The Regulations amend the Customs (Prohibited Imports) Regulations, specifically updating the authority responsible for issuing permissions related to prohibited imports from the Director-General of Civil Aviation to the Minister of State for Civil Aviation. Furthermore, any permissions granted by the Director-General of Civil Aviation prior to the commencement of these Regulations are deemed to be valid and issued by the Minister of State for Civil Aviation post-amendment. These Regulations were made with the authority of the Administrator of the Government of the Commonwealth of Australia and the advice of the Federal Executive Council, and they came into effect on the first day of July, 1965.
Key Provisions
The Customs (Prohibited Imports) Regulations, specifically as amended by Statutory Rules 1965 No. 91, involve changes to the authority responsible for issuing permissions related to prohibited imports. Section 1 of the legislative instrument removes the "Director-General of Civil Aviation" from the third column of item 1 in the Third Schedule and replaces it with the "Minister of State for Civil Aviation". This change shifts the responsibility for issuing permissions from the Director-General to the Minister of State for Civil Aviation. Section 2 provides a saving clause, ensuring that any permissions granted by the Director-General of Civil Aviation prior to the commencement of these regulations will be considered valid as if issued by the Minister of State for Civil Aviation after the regulations take effect.
The Act imposes specific obligations on the Minister of State for Civil Aviation, now responsible for issuing permissions concerning prohibited imports. This change necessitates that the Minister must ensure all permissions are issued in accordance with the updated regulatory framework. The Minister must also maintain records of all permissions issued and ensure they are consistent with the provisions of the Customs Act 1901-1965 and its subsequent regulations.
Failure to comply with the requirements of these regulations could lead to various consequences. Although the specific penalties are not detailed in the provided excerpt, breaches of customs regulations generally attract penalties under the Customs Act 1901-1965. These penalties can include substantial fines and, in more severe cases, criminal charges. The exact penalties depend on the nature and severity of the breach, with potential maximum penalties being significant for serious violations. It is important for the Minister of State for Civil Aviation and other relevant entities to adhere strictly to the legislative requirements to avoid any legal repercussions.