Customs Regulations (Amendment)

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Legislation au F1996B04060 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CUSTOMS ACT 1901

CUSTOMS REGULATIONS (AMENDMENT)

STATUTORY RULES 1988 NO. 270

ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE, CUSTOMS AND SMALL BUSINESS

These Statutory Rules effect numerous technical drafting amendments to the Customs Regulations to modernize their drafting style. The exercise has included the elimination of the double year citation of Acts, as provided for in section 6 of the Acts Citation Act 1976, and the removal of references to repealed sections of Acts.

In addition, the reference in regulation 99B to the Australian Harmonized Export Commodity Classification document is being updated to reflect that this document was reprinted on 1 July 1988, and Schedule 2 is being amended by omitting the reference to “Prepared room deodorisers”, as these goods were placed in the exception to the exclusion column in error.

Details of the regulations are as follows:

Regulation 1: is a machinery provision which defines the Customs Regulations as the “Principal Regulations” for the purposes of these Statutory Rules.

Regulation 2: amends the interpretation section of the Customs Regulations (regulation 1A) by;

a) omitting the definition of “primage duty”, as this type of duty ceased with the introduction of the “simplified” Tariff on 1 January 1983, Act No. 113 of 1982, and current legislation contains no reference to such duty; and

b) eliminating the double year citation of the Customs Act 1901.

Regulation 3: eliminates the double year citation of the Customs Act 1901 in regulation 3.

Regulation 4: amends subregulation 25(1) of the Customs Regulations to give effect to the current drafting style of only placing the conjunction “and” or “or” prior to the last item of a list, rather than after each item on the list.

Regulation 5: amends regulation 37 of the Customs Regulations in the following manner:

a) by introducing the current abbreviated drafting style for referring to paragraphs of sub-regulations i.e. the old style “(a) to (r)(inclusive) of sub-regulation (1)” becomes “(1)(a) to (r)(inclusive)”. This has been done in respect of both paragraphs 37(2)(a) and 37(3)(a);


b) by omitting paragraph 37(2)(c) which requires that the “rate of any sales tax applicable to the goods as at the date of importation” be shown on an entry for warehousing pursuant to section 68 of the Customs Act 1901. A recent review of regulation 37 revealed that this requirement has been obsolete for some time. Sales tax in fact is imposed on goods at the time the goods are entered for home consumption, as a result of a 1985 Sales Tax Amendment Act; and

c) by omitting subregulation (4) and substituting a new subregulation which:

 omits the reference to section 40A of the Customs Act 1901, as this section was repealed by Act No. 81 of 1982;

 ensures that the terms actually used in the legislation which this regulation is intended to complement, i.e. Item 1 of Part I of Schedule 4 to the Customs Tariff Act 1987, appear here as well.

Thus for example, the references to goods that “are the property of the Australian Government …” are replaced with references to goods that “are owned by the Commonwealth” to accord with the exact terms of the Customs Tariff Act 1987.

In addition, the term “statement” has been substituted for “certification” and a new requirement inserted that this statement to be provided by a “duly authorised officer” must now be given in a form approved by the Comptroller in writing.

Regulation 6: makes various technical drafting changes to regulation 72 of the Customs Regulations, to reflect current drafting style; for example, the phrase “the last preceding paragraph” is no longer used, instead specific reference is made to the particular paragraph, i.e. “paragraph (1)(b)”.

In addition, the opportunity has been taken to delete the reference to “section 20 of the Customs Tariff 1966” as there is no modern equivalent of this provision in the Customs Tariff 1987.

Regulation 7: amends regulation 99B of the Customs Regulations to reflect the fact that the Australian Harmonized Export Commodity Classification document was most recently reprinted as at 1 July 1988.

Regulation 8 and Regulation 9: amend regulations 106 and 134 (respectively) of the Customs Regulations to reflect modern drafting style.

Regulations 10, 11, 12 and 13: amend regulations 135, 136, 191 and Schedule 1 (respectively) to the Customs Regulations to reflect modern drafting style.

Regulation 14: amends item 8 of Schedule 2 to the Customs Regulations by omitting “Prepared room deodorisers”. These goods were placed amongst the exceptions to the exclusion schedule in error by Statutory Rules 1987 No. 316. Those Statutory Rules were designed to introduce a new Schedule 2 to accord with the terms of the new harmonized tariff system, and while there was no intention to make previously ineligible goods eligible for tariff concessions, this unfortunately occurred in the instance of “Prepared room deodorisers”.

Regulation 15 and the Schedule: regulation 15 of the proposed Statutory Rules provides for the incorporation into the Customs Regulations of the various amendments set out in the Schedule.

All the amendments in the Schedule are of a technical nature to reflect modern drafting style.

Overview

The Customs Regulations (Amendment) Statutory Rules 1988 No. 270 were enacted to address the need for modernisation and technical improvements in the drafting style of the Customs Regulations. Issued under the authority of the Minister of State for Science, Customs and Small Business, these Statutory Rules aim to eliminate outdated drafting practices and ensure consistency with current legislative standards. They specifically target the elimination of double year citations, removal of references to repealed sections, and updates to outdated terminology to reflect modern legislative language. The rules are intended to streamline the Customs Regulations, making them more coherent and easier to interpret and apply in compliance with contemporary legal practices. These amendments were introduced to correct specific errors and ensure the Customs Regulations align with current legal frameworks and practices. For instance, they address the misclassification of "Prepared room deodorisers" by removing them from an exclusion list where they were erroneously included. Additionally, the rules update references to harmonised export classifications and eliminate outdated references to repealed sections of Acts, ensuring the regulations remain relevant and functional. This modernisation effort is crucial for maintaining the effectiveness and clarity of the Customs Regulations, facilitating smoother administration and compliance within the customs framework.

Scope and Application

The Customs Regulations (Amendment) Statutory Rules 1988 No. 270, issued under the authority of the Minister of State for Science, Customs and Small Business, make a series of technical amendments to the Customs Regulations, primarily aimed at modernising their drafting style. These amendments apply to the Customs Regulations and affect all entities and individuals who are subject to these regulations, including those involved in importing and exporting goods in Australia. The amendments do not alter the substantive provisions of the Customs Act 1901 but ensure that the Regulations are consistent with modern legislative drafting practices. For instance, they eliminate the double year citation of Acts, update references to repealed sections, and correct certain errors such as the incorrect inclusion of "Prepared room deodorisers" in an exclusion schedule. These changes are intended to enhance clarity and accessibility of the Regulations, ensuring they align with contemporary legislative standards. The amendments are comprehensive and apply across the Commonwealth, affecting all entities subject to customs regulations within Australia.

Key Provisions

The Customs Regulations (Amendment) Statutory Rules 1988 No. 270 introduces several technical amendments to the Customs Regulations to modernise their drafting style, as detailed in the explanatory statement. Regulation 1 sets the Customs Regulations as the "Principal Regulations" for these Statutory Rules. Regulation 2 removes the definition of "primage duty" from the interpretation section of the Customs Regulations, as this type of duty ceased with the introduction of the "simplified" Tariff on 1 January 1983 (section 1A). Regulation 3 eliminates the double year citation of the Customs Act 1901 in regulation 3. Regulation 4 modifies subregulation 25(1) to align with the current drafting style that places the conjunction "and" or "or" only before the last item of a list. Regulation 5 makes several amendments to regulation 37, including updating the abbreviated drafting style for referring to paragraphs of sub-regulations and removing obsolete references to sales tax and section 40A of the Customs Act 1901. Regulation 6 updates regulation 72 to reflect modern drafting style, removing outdated references and phrases. Regulation 7 updates regulation 99B to reflect the recent reprint of the Australian Harmonized Export Commodity Classification document. Regulations 8 to 13 amend various other regulations to reflect modern drafting style. Regulation 14 removes "Prepared room deodorisers" from Schedule 2, correcting an error from previous statutory rules. Regulation 15 incorporates these amendments into the Customs Regulations. The obligations imposed by these amendments on the parties governed by the Customs Regulations primarily involve updating their practices and documentation to align with the modernised drafting style and removal of outdated references. For instance, businesses and individuals involved in customs processes must ensure that their documentation and references to regulations and acts are consistent with the updated terms and styles specified in the Statutory Rules. Additionally, any references to repealed sections or outdated provisions must be corrected to avoid confusion or legal discrepancies. The changes also require adherence to the new format for referring to paragraphs and sub-regulations, ensuring that all submissions and communications with customs authorities comply with the updated standards. Breaches of the updated Customs Regulations may result in various consequences. While the Statutory Rules do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance, it is reasonable to infer that any failure to adhere to the updated regulations could lead to administrative penalties, fines, or other legal actions as outlined in the Customs Act 1901. The penalties for customs-related offences can vary widely depending on the severity and nature of the breach, but they may include fines up to several thousand Australian dollars and potential criminal charges for more serious violations. The exact penalties would be determined based on the specific provisions of the Customs Act and any relevant case law or regulatory guidelines.

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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.