Customs (Quota Orders Review Tribunal) Regulations

Legislation au C1974L00139 Regulations Not in force Legislative Instrument

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1974 No. 139

REGULATIONS UNDER THE CUSTOMS ACT 1901-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1974.

Dated this seventh day of August, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL MURPHY

Minister of State for Customs and Excise.

________

CUSTOMS (QUOTA ORDERS REVIEW TRIBUNAL) REGULATIONS

Citation.

1. These Regulations may be cited as the Customs (Quota Orders Review Tribunal) Regulations.

Interpretation.

2. (1) In the Regulations—

“Act” means the Customs Act 1901-1974;

“member” means a member of the Tribunal and includes the Chairman of the Tribunal;

“quota order” has the same meaning as in sub-section 132b (3) of the Act;

“Tribunal” means the Quota Orders Review Tribunal established by regulation 3.

(2) A reference in these Regulations to a quota order shall, in a case where a quota order has been varied by the Minister under section 132c of the Act be read as including a reference to the quota order as so varied, and, if before the variation of the order is made, the person on whom the quota order has been served has made a request for a review of the original quota order, the request shall be deemed to have been made in relation to the quota order as so varied.

Establishment of Review Tribunal.

3. (1) A tribunal to be known as the Quota Orders Review Tribunal is hereby established.

(2) The Tribunal shall consist of a Chairman and two other members, who shall be appointed by the Governor-General.

 

* Notified in the Australian Government Gazette on 8 August 1974.


(3) A member of the Tribunal holds office for the period of 3 months commencing on the date of his appointment.

Fees payable to the Chairman.

4. Subject to regulation 6, the fee payable to the Chairman of the Tribunal, in respect of a day on which he attends a meeting of the Tribunal, is—

(a) if the duration of the meeting is less than 3 hours—$25; or

(b) in any other case—$45.

Fees payable to members other than the Chairman.

5. Subject to regulation 6, the fee payable to a member of the Tribunal other than the Chairman, in respect of a day on which he attends a meeting of the Tribunal, is—

(a) if the duration of the meeting is less than 3 hours—$20; or

(b) in any other case—$40.

Fees payable where two meetings on one day.

6. Where, in any one day, a meeting of the Tribunal is held for the purposes of these Regulations, and on the same day a meeting of the Tribunal is held for the purposes of the Excise (Quota Orders Review Tribunal) Regulations, regulations 4 and 5 apply as if both meetings constitute a single meeting of the Tribunal under these Regulations on that day.

Review of quota orders.

7. Quota orders are subject to review by the Tribunal in accordance with these Regulations.

Request for review by Tribunal.

8. (1) A person on whom a quota order is served may, by notice in writing served on the Comptroller-General within a period of 14 days after the date on which the order is served on him, request the Comptroller-General to refer the order to the Tribunal for review.

(2) The grounds on which the request is made shall be set out in the request.

Request to be forwarded to Chairman of the Tribunal.

9. The Comptroller-General shall, as soon as practicable after a request for the review of a quota order is received by him, forward the request to the Chairman of the Tribunal, together with all records and other papers relevant to the making of the quota order.

Review of making of quota orders.

10. The Chairman of a Tribunal shall, upon receipt of a request for the review of a quota order, arrange for the quota order to be reviewed by the Tribunal.

Parties to review.

11. The person who has made a request for the review of a quota order and the Minister are the parties in the proceedings before the Tribunal for the review of the quota order.

Procedure of Tribunal to be informal &c.

12. (1) On the review of a quota order—

(a) the procedure of the Tribunal is, subject to these Regulations, within the discretion of the Tribunal;

(b) the proceedings shall be conducted with as little formality and technicality and with as much expedition as the requirements of the Act and these Regulations, and a proper consideration of the matters and questions before the Tribunal, permit; and

(c) the Tribunal is not bound by rules of evidence.

(2) A party to proceedings before the Tribunal may, whether or not he is present or represented, make submissions to the Tribunal in writing.

(3) A copy of any submission so made shall be furnished to the other party to the proceedings.


(4) A question arising in proceedings before the Tribunal shall be determined in accordance with the opinion of the majority of the members of the Tribunal.

Powers of the Tribunal with respect to quota order under review.

13. (1) The Tribunal shall, after due consideration of the matter, give a decision in writing—

(a) affirming the quota order;

(b) varying the quota order; or

(c) revoking the quota order.

(2) The Tribunal shall give reasons in writing for its decision and its reasons shall include its findings on material questions of fact.

Representation before the Tribunal.

14. A party to the proceedings before the Tribunal may be represented by another person.

Proceedings not to be in public.

15. The proceedings before the Tribunal shall not be in public.

Date of effect of decision of the Tribunal.

16. (1) Where the Tribunal revokes a quota order, the revocation shall be deemed to have taken effect on the day on which the quota order came into force.

(2) Subject to sub-regulation (3), a variation of a quota order by the Tribunal shall be deemed to have had effect on and from the day on which the quota order came into force.

(3) Where—

(a) a quota order applicable to a person states that the person’s quota in respect of goods of the kind to which the order relates is a quantity specified in the order; and

(b) the Tribunal, on a review of the order, varies the order in such a way that the order specifies a lesser quantity or states that the person’s quota is nil,

the variation has effect on and from the date of the decision.

Service of notice of the decision.

17. The Chairman of the Tribunal shall, immediately after the Tribunal gives a decision on the review of a quota order cause notice of its decision to be given by telegram to the person by whom the request for the review was made and to the Minister and shall cause a copy of its decision to be served on that person and the Minister.

Service on the Comptroller-General and the Minister.

18. (1) For the purposes of these Regulations, a request under regulation 8 for the review of a quota order shall be deemed to have been served on the Comptroller-General if it is served on the Collector of Customs for the State in which the service of the quota order is made.

(2) For the purposes of these Regulations, a telegram containing the decision of the Tribunal review of a quota order shall be deemed to have been duly served on the Minister if it is addressed to the Collector of Customs for the State in which the quota order was served on the person to whom it is applicable.

(3) For the purposes of this regulation, the Northern Territory shall be deemed to be a State.

Overview

The Customs (Quota Orders Review Tribunal) Regulations, 1974, were enacted to provide a formal framework for the review of quota orders issued under the Customs Act 1901-1974. These regulations were established by the Governor-General, acting on advice from the Executive Council, to address the need for an independent review mechanism for quota orders, ensuring that the process was fair and transparent. The primary policy objective of these regulations is to establish a Quota Orders Review Tribunal, consisting of a Chairman and two other members appointed by the Governor-General, to review quota orders in an informal and expeditious manner while providing written reasons for its decisions. The establishment of this Tribunal was intended to provide a mechanism for the review of quota orders, allowing affected parties to challenge the orders on specified grounds within a prescribed timeframe.

Scope and Application

The Customs (Quota Orders Review Tribunal) Regulations are a legislative instrument made under the Customs Act 1901-1974, establishing the Quota Orders Review Tribunal. This tribunal is responsible for reviewing quota orders, which are orders concerning the quantities of goods that can be imported or exported under specific circumstances. The Regulations outline the structure and function of the Tribunal, including its establishment, composition, and procedural rules. The Tribunal consists of a Chairman and two other members appointed by the Governor-General, each holding office for a term of three months. The Regulations also detail the fees payable to the Chairman and other members for attending Tribunal meetings, as well as the conditions under which these fees are adjusted. Quota orders are subject to review by the Tribunal upon request from the person to whom the order is served within 14 days of receiving the order. The Tribunal has broad discretion in conducting its proceedings, aiming for efficiency and informality while ensuring proper consideration of the matters at hand. The decision of the Tribunal, whether to affirm, vary, or revoke a quota order, must be in writing and accompanied by reasons, including findings on material questions of fact. The Regulations further address the representation of parties, the confidentiality of proceedings, and the effective date of the Tribunal's decisions. These Regulations apply throughout Australia, with the Northern Territory considered a State for the purposes of service of documents.

Key Provisions

The Customs (Quota Orders Review Tribunal) Regulations, established under the Customs Act 1901-1974, outline the framework for the Quota Orders Review Tribunal. This Tribunal is tasked with reviewing quota orders, which are specified under section 132b(3) of the Act (section 2). The Tribunal is established by regulation 3 and comprises a Chairman and two other members appointed by the Governor-General, each serving a term of three months (section 3). Fees for attendance at Tribunal meetings are set out in regulations 4 to 6, with different rates for the Chairman and other members based on the duration of the meeting. These Regulations impose specific obligations on the parties involved. A person affected by a quota order can request a review within 14 days of receiving the order (section 8). The Comptroller-General must forward such a request to the Tribunal, along with relevant records (section 9). The Chairman of the Tribunal is responsible for arranging the review and ensuring that the proceedings are conducted informally and expeditiously, while adhering to the requirements of the Act and the Regulations (sections 10 and 12). The decision of the Tribunal can affirm, vary, or revoke the quota order, with reasons provided for its decision (section 13). The Regulations also specify the consequences for non-compliance. While the Regulations themselves do not explicitly state offences or penalties for breach, failure to comply with the review process or the decisions of the Tribunal could potentially lead to legal consequences under the broader Customs Act 1901-1974. The Act may impose various penalties for non-compliance with customs regulations, including fines and imprisonment. However, the specific penalties would be determined in accordance with the provisions of the Customs Act.

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Administrative Law
Instrument
Regulation
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Definitions & Interpretation
Establishment of Review Tribunal
Review of quota orders

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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.