EXPLANATORY MEMORANDUM
Statutory Rules 1984 No. 462
MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE
SUBJECT: CUSTOMS ACT 1901 -
CUSTOMS REGULATIONS (AMENDMENT)
Section 270(1) of the Customs Act 1901 (the Act) provides in part:
“270(1) The Governor-General may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to this Act or for the conduct of any business relating to the Customs …”
Section 183CL of the Act reads in part:
“183CL. (1) Such fees (if any) as are prescribed are payable in respect of agents licences.
(2) …
(3) Fees prescribed under sub-section (1) may include an amount calculated with regard to the cost of the establishment, administration and operation of the Committee.”
Regulation 158 of the Customs Regulations prescribes, for the purposes of section 183CL of the Act, the fees payable in respect of the grant or renewal of customs agents licences.
The purpose of Regulation 2 of the proposed regulations is to amend Regulation 158 of the Customs Regulations to increase the fees for Customs agents’ licences from:
(a) $10 to $20 where the agent is a natural person who does not intend to act as a customs agent in his own right; and
(b) $120 to $200 in any other case.
The increase in fees, which by virtue of proposed Regulation 1 is to commence on 1 January 1985, is intended to assist in the recovery of the costs incurred in the establishment, administration and operation of the National Customs Agents Licensing Advisory Committee.
Customs Regulation 177 provides, for the purposes of section 246 of the Act, a right of trial in the Supreme Court of a State or Territory.
Section 246 of the Act was repealed by section 61 of the Customs and Excise Amendment Act 1982 (Act No. 81 of 1982).
The purpose of proposed Regulation 3 is to repeal Customs Regulation 177 as a consequence of the repeal of section 246 of the Act.
Proposed Regulation 4 and sub-regulation 5(a) amend Customs Regulation 179 and omit Form 62 in Schedule 1 to the Customs Regulations respectively as a consequence of the proposed repeal of Customs Regulation 177.
Form 86 in Schedule 1 to the Customs Regulations was amended by Statutory Rules No. 382 of 1981 to comply with section 208 of the Act. However, the text of Form 86 refers to section 206 of the Act rather than section 208. The purpose of proposed sub-regulation 5(b) is to correct this drafting error.
Sub-regulation 5(c) proposes to omit from Form 86 in Schedule 1 to the Customs Regulations the reference to the second date in the citation of the Act.
Authority
Section 270 of the Customs Act 1901.