Explanatory Statement
Statutory Rules 1983 No. 330
Amendments of the Customs Regulations
Issued by the Authority of the Minister of State for Industry and Commerce
The Customs Amendment Act 1981, certain sections of which were brought into operation concurrently with these amendment to the Customs Regulations, amended the Customs Act 1901 (‘the Act’) to, amongst other things -
(a) replace the requirement for the passing of Customs entries in relation to goods by a provision allowing an authority to be given for the delivery of the goods in a manner prescribed by regulations and to provide further for the suspension of such authority;
(b) extend certain powers of Customs at present exercisable within a 3 nautical mile limit from the coast to become exercisable within a 12 nautical mile limit; and
(c) prescribe the time within which ships and aircraft and their cargo are to be reported to the Customs after their arrival from overseas.
The Regulations amend the Customs Regulations to -
(i) bring the Regulations into line with certain sections of the Act as a consequence of amendments made to such sections by the Customs Amendment Act 1981; and,
(ii) provide, thereby, for the effective operation of the provisions of the Act.
Details of the Regulations are set out below:
Regulation 1
Provides that for the purposes of the Regulations the reference “Principal Regulations” means the Customs Regulations.
Regulation 2
Inserts a new regulation 23AA which provides that an authority given under section 39 of the Act shall be in writing and contain the particulars specified in the new regulation.
Inserts also a new regulation 23AB which provides for the manner in which a suspension of an authority given under section 39 of the Act must be given.
Regulation 3
Inserts a new regulation 26 which prescribes for the purposes of section 59 of the Act, the ensigns and insignia for ships and aircraft in the service of the Commonwealth for Customs purposes.
Regulation 4
Repeals the existing regulation 43, which prescribes the time for making entries, and substitutes a new regulation 43 which
(i) prescribes the period within which imported goods are required to be entered for the purposes of paragraph (b) of sub-section 72(1) of the Act as, in effect, one working day after the day of importation; and
(ii) prescribes for the purposes of paragraph (b) of sub-section 72(4) of the Act, a period of 6 months.
Regulation 5
Inserts a new regulation 166A which prescribes, for the purposes of sub-section 184(1) of the Act, the ensigns and insignia of ships and aircraft in the service of the Commonwealth for Customs purposes.