Statutory Rules
1977 No. 137
REGULATIONS UNDER THE CUSTOMS ACT 1901*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.
Dated this nineteenth day of August, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
WAL. FIFE
Minister of State for Business and Consumer Affairs
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AMENDMENTS OF THE CUSTOMS REGULATIONS†
1. Regulation 22 of the Customs Regulations is repealed and the following regulation substituted:
“ 22. (1) For the purposes of section 29 of the Act, when working overtime is permitted, the rate at which overtime shall be charged for the services of officers is, in respect of the services of each officer working overtime, $7.53 for each hour or part of an hour during which the officer works overtime.
“ (2) In calculating the overtime to be charged under sub-regulation (1) the time reasonably occupied by an officer in proceeding to the place where he is to work overtime and in returning from that place shall be treated as time during which he works overtime.”.
2. Regulation 192 of the Customs Regulations is repealed and the following regulation substituted:
“ 192. Where an importer requests that the services of an officer be made available during normal working hours for the purposes of—
(a) inspecting or examining any goods; or
(b) supervising any operation in relation to any goods,
at a place other than a place at which such services are normally made available without charge, the importer shall pay to the Collector a charge calculated at the rate of $6.00 for each hour or part of an hour during which the officer is engaged, as so requested, in the inspection, examination, or supervision, or is engaged in travelling between those places for the purposes of, or following, that inspection, examination or supervision.”.
* Notified in the Commonwealth of Australia Gazette on 23 August 1977.
† Statutory Rules 1926, No. 203 as amended to date. For previous amendments of the Customs Regulations see footnote † to Statutory Rules 1977, No. 68 and see also Statutory Rules 1977, No. 68.
Overview
The Customs Regulations 1977, made under the Customs Act 1901, were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to provide a framework for the administration of customs duties and related matters. These regulations aimed to fill the need for detailed operational guidelines to support the broad provisions of the Customs Act. The Customs Act 1901 itself was established to facilitate the regulation of goods entering and exiting Australia, ensuring compliance with customs laws and the collection of appropriate duties and taxes. The Customs Regulations 1977 specifically address the rates and conditions for overtime charges for customs officers and charges for services provided during normal working hours, reflecting a policy objective to maintain efficient customs operations while providing clear financial expectations for importers.
Scope and Application
The Statutory Rules 1977 No. 137, made under the Customs Act 1901, specifically amend the Customs Regulations to adjust the rates for overtime and additional services provided by customs officers. The regulations apply to any person or entity engaging the services of customs officers for activities outside the standard working hours or locations, such as overtime work or special inspections, examinations, or supervision of goods. The changes affect the financial obligations of importers who request these services, impacting both the Commonwealth and the individuals or businesses involved in importing goods. The amendments establish clear rates for these additional services, with $7.53 per hour for overtime work and $6.00 per hour for services provided during normal working hours but at locations other than where these services are typically offered without charge. This regulatory update ensures that the financial burden of such services is transparent and explicitly defined within the framework of the Customs Act 1901.
Key Provisions
The main operative sections of these Regulations, specifically Regulation 22 and Regulation 192, establish the rates for overtime charges and services requested outside normal working hours for Customs officers. Regulation 22(1) specifies that when officers work overtime, they must be charged at a rate of $7.53 for each hour or part of an hour worked. Regulation 22(2) further clarifies that any travel time reasonably required to proceed to and from the place where the overtime is performed is also considered as overtime. Regulation 192, on the other hand, mandates that if an importer requests officer services during regular working hours for inspecting, examining, or supervising goods at a location other than the usual place of service, the importer must pay a charge of $6.00 for each hour or part of an hour the officer is engaged in these activities or while travelling between locations for these purposes.
The Regulations impose specific financial obligations on importers who request additional services from Customs officers. For instance, if an importer requires an officer's services during regular working hours for activities such as inspection or examination of goods at a non-standard location, they must compensate the Collector at the prescribed rate. Similarly, if officers work beyond their regular hours, the importer or entity benefiting from the overtime must pay the stipulated overtime rate. These provisions ensure that importers bear the cost of additional services they request outside the normal scope of duty.
Failure to comply with these financial obligations outlined in the Regulations can result in legal consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, breaches of the Customs Act 1901, under which these Regulations are made, could lead to both civil and criminal liabilities. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach. The exact penalties would be determined in accordance with the provisions of the Customs Act 1901 and other relevant legislation.