Customs Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917 No. 257, enacted by the Governor-General in accordance with the Customs Act 1901-1916, aims to amend the Customs Regulations 1913. The primary objective of this regulation was to update the forms used for issuing Customs Agent and Customs Sub-Agent licences. This change was made to ensure that the forms were consistent with the prevailing legal framework and regulatory requirements of the time. The Customs Regulations 1913 were updated by cancelling Forms 61 and 62 and substituting them with new forms that reflect the necessary conditions and obligations for individuals acting as Customs Agents and Sub-Agents. These new forms were designed to maintain the integrity and efficiency of customs operations across the Commonwealth.

Scope and Application

This legislative instrument amends the Customs Regulations 1913 under the Customs Act 1901-1916 by replacing Forms 61 and 62 with new Customs Agent's Licence and Customs Sub-agent's Licence forms, respectively. The amended regulations apply to persons or entities that are authorised to act as Customs Agents or Customs Sub-agents within the Commonwealth of Australia. The scope of the Act encompasses individuals or businesses that require a licence to transact business relating to Customs at any port in the Commonwealth. The amended forms outline the conditions under which these licences may be granted and specify that the licences may be cancelled at any time in accordance with the regulations. Both Customs Agents and Sub-agents must perform their duties faithfully and uncorruptly, complying with all provisions of the Customs Act 1901-1916, any amendments, and any regulations in force. The Act applies nationally across the Commonwealth, with each licence being subject to the jurisdiction of the relevant Collector of Customs in the state where the licence is used.

Key Provisions

The main operative sections of this regulation, as per the Customs Regulations 1913, involve the cancellation of Forms 61 and 62 and their substitution with updated versions. Specifically, Section 180 (paragraphs 180.1 and 180.2) pertains to the issuance of Customs Agent’s Licence (Form 61) and Customs Sub-agent’s Licence (Form 62), respectively. These forms authorise individuals to act as Customs Agents or Sub-Agents at any port within the Commonwealth, subject to specific conditions. The conditions include the potential for the licence to be cancelled at any time in accordance with the Regulations, and a requirement for the licensee to perform their duties faithfully, uncorruptly, and in compliance with the Customs Act 1901-1916 and any amendments or substitute Acts, along with the Regulations in force. The Act imposes several obligations and requirements on the parties governed by it. Firstly, it requires the Customs Agents and Sub-Agents to act in a manner that is faithful and uncorrupt. This means they must perform their duties with integrity and honesty, ensuring that all their actions and transactions comply with the Customs Act and any related legislation or Regulations. Furthermore, the licensees must be exclusively employed by an authorised principal, if they are acting as a Sub-Agent, and they must satisfy the Collector of Customs in the state where they operate. This ensures that the Collector is assured of the licensee's compliance and satisfactory performance. In terms of consequences for breach, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences within the provided text. However, the regulatory framework implies that any failure to comply with the stipulated conditions could lead to the cancellation of the licence. Given the nature of the Customs Act and the importance of compliance in customs operations, severe breaches could potentially result in further legal actions under the Customs Act 1901-1916 or related legislation. The specific penalties for such breaches would be determined by the relevant provisions of those Acts, which could include fines or other sanctions.