Customs Regulations (Amendment)

Overview

The Customs Regulations (Amendment) Statutory Rules 1982 No. 255, issued by authority of the Minister for the Capital Territory on behalf of the Minister for Industry and Commerce, was enacted to address the need for a more uniform and cost-reflective charge for Customs inspection services provided outside of standard working hours and locations. This amendment increases the hourly rate for Customs officer availability from $10.47 to $16.75 per hour or part of an hour, applicable to inspections or supervision of operations at places where such services are not ordinarily provided free of charge. The policy objective behind this amendment was to ensure the financial sustainability of Customs services by better aligning the fees with the actual costs incurred during out-of-hours and off-site operations, following a comprehensive review of these service costs.

Scope and Application

The Customs Regulations (Amendment) Statutory Rules 1982 No. 255 applies to the amendment of regulation 192 of the Customs Regulations, which pertains to the charges for Customs officers' time when they are made available outside of normal hours for inspection or examination of goods, or supervision of operations relating to those goods at non-designated locations. This regulation applies to importers who request these services, thereby affecting the financial arrangements between importers and Customs officers for such out-of-hours services. The regulation is issued by authority of the Minister for the Capital Territory on behalf of the Minister for Industry and Commerce, indicating its jurisdictional reach within the Capital Territory. The amendment seeks to standardise the rate charged for these services, which previously varied, and now sets a common charge of $16.75 per hour or part thereof, as a result of a review into the costs associated with these activities. This regulation does not explicitly state any exclusions, exemptions, or thresholds, but it is inferred that the charge applies universally to all such out-of-hours services within the defined scope.

Key Provisions

The Customs Regulations (Amendment) Statutory Rules 1982 No. 255, issued under the authority of the Minister for the Capital Territory, focuses on amending regulation 192 of the Customs Regulations (Section 1). Specifically, this regulation increases the charge for officer availability during non-standard hours or for services provided outside normal clearance areas from $10.47 to $16.75 per hour or part thereof (Section 1). This amendment applies to situations where officers are requested to inspect or examine goods or to supervise operations concerning those goods outside of designated areas where such services are typically provided free of charge. The amended regulation imposes several obligations on importers and other entities involved in the importation process. Importers must now be prepared to pay the increased fee whenever they request an officer's availability outside the normal scope of free services (Section 1). Additionally, customs officers are required to charge the new rate for their services when such requests are made (Section 1). The regulation aims to ensure that the costs associated with providing these services are recovered, thereby maintaining the financial sustainability of the customs operation. There are no explicit offences or penalties mentioned within the amendment itself for non-compliance with the new charge. However, it is implied that failure to pay the increased fee when services are requested outside normal operating hours could result in disputes or potential legal action, as the regulation seeks to formalise the financial responsibility of importers in these scenarios (Section 1). The maximum penalty for non-compliance would depend on the broader legal context and any related statutes that might address the enforcement of such financial obligations.