STATUTORY RULES.
1952. No. 96.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1951.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1951.
Dated this thirtieth day of October, 1952.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
Amendments of the Customs Regulations.†
1. Regulation 22 of the Customs Regulations is amended by omitting from sub-regulation (1.) the words “Ten shillings and ninepence” and inserting in their stead the words “Twelve shillings and sixpence”.
2. Regulations 156 to 168 (inclusive) of the Customs Regulations are repealed and the following regulations inserted in their stead:—
“156. In this regulation and in regulations 157 to 166 (inclusive) of these Regulations—
‘Customs agent’ means a person who holds a licence that is in force;
‘head agent’ means the employer, co-employee, partner or co-director, as the case may be, of a sub-agent;
‘licence’ means a licence to act as a Customs agent;
‘sub-agent’ means a person who is—
(a) exclusively employed by a Customs agent;
(b) exclusively employed by a person another of whose employees is a Customs agent;
(c) exclusively employed by a firm or company, a partner in, or a director of, which is a Customs agent;
(d) a partner of a firm in which another partner is a Customs agent; or
(e) a director of a company of which another director is a Customs agent.
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1926, No. 203, as amended by Statutory Rules 1927, Nos. 17, 95 and 121; 1928, Nos. 47, 57, 74 and 95; 1929, Nos. 25, 56 and 127; 1930, Nos. 91. 138 and 140; 1931, Nos. 16, 42 and 90; 1932, No. 90; 1933, Nos. 21, 105, 106 and 129; 1934, Nos. 109 and 127; 1935, Nos. 1, 41, 69 and 113; 1936, Nos. 49 and 163; 1938, No. 111; 1939, No. 157; 1940, Nos. 203 and 256; 1946, Nos. 127 and 161; 1947, Nos. 29, 83, 94 and 152; 1948, No. 156; 1949, Nos. 34, 78, 95 and 111; 1950, No. 17; and 1951, Nos. 34, 38, 71, 99, 106, 109 and 159.
2128.—Price 3d. 9/10.9.1952.
“157. The Collector may, on written application being made to him, grant to the person making the application a licence in accordance with Form 56.
“158.—(1.) Before a licence is granted, an applicant for a licence shall furnish, to the satisfaction of the Collector, a security which, subject to the next succeeding sub-regulation, shall be in the sum of—
(a) Two thousand pounds—where the application is made by a person for a licence to act as a Customs agent in Sydney, Newcastle, Melbourne, Geelong, Brisbane, Hobart, Adelaide, Port Adelaide, Perth or Fremantle;
(b) Five hundred pounds—where the application is made by a person for a licence to act as a Customs agent in Townsville, Rockhampton, Cairns or Launceston.
“(2.) Where an applicant for a licence is a sub-agent, the applicant, the person who will, if the application is granted, be the head agent of the applicant and each other person who is a sub-agent of that head agent may furnish, to the satisfaction of the Collector, a security in the sum of—
(a) Two thousand pounds in respect of the head agent and One thousand pounds in respect of the applicant and in respect of each person who is a sub-agent of that head agent, where that head agent is licensed to act as a Customs agent in a place specified in paragraph (a) of the last preceding sub-regulation; or
(b) Five hundred pounds in respect of that head agent and Two hundred and fifty pounds in respect of the applicant and in respect of each person who is a sub-agent of that head agent, where that head agent is licensed to act as a Customs agent in a place other than a place specified in paragraph (a) of the Last preceding sub-regulation.
“159.—(1.) Before a licence is granted, there shall be payable to the Collector—
(a) a fee of Five shillings where the application is made by a sub-agent; or
(b) a fee of Two pounds ten shillings where the application is made by a person other than a sub-agent.
“(2.) There shall be payable to the Collector, in respect of each licence in force on the first day of January or the first day of July in each year—
(a) a fee of Five shillings in the ease of a Customs agent who is a sub-agent; or
(b) a fee of Two pounds ten shillings in the case of a Customs agent who is not a sub-agent.
“(3.) A fee payable in pursuance of the last preceding sub-regulation shall be payable on or before the first; working day in January or July, as the case may be, in each year.
“160. A licence granted to a sub-agent shall cease to be in force if—
(a) the licence granted to his head agent ceases to be in force, is cancelled or determined; or
(b) he ceases to be a sub-agent of his head agent.
“161.—(1.) The Collector may, by order under his hand, cancel a licence.
“(2.) The grounds upon which the cancellation is made shall be specified in the order.
“(3.) A copy of the order shall be served on the person whose licence has been cancelled by delivering it to him personally or by leaving it at his usual place of abode or business, and the licence shall cease to be in force as from the time the copy of the order is so served.
“162.—(1.) A person whose licence has been cancelled may, within fourteen days after the date on which the licence ceases to be in force, appeal to the Minister, by notice in writing, against the order of cancellation.
“(2.) The notice of appeal shall state the grounds of appeal and shall be delivered to the Collector.
“(3.) The Minister shall consider the appeal and may allow or dismiss the appeal.
“(4.) The decision of the Minister shall be notified to the appellant and, if the Minister allows an appeal, the licence shall, from the date on which the appeal is allowed, have force and effect as if it had not been cancelled.
“163. A Customs agent or a person employed by or acting under the instructions of a Customs agent shall not act as the agent of an owner of goods unless he is authorized by that owner so to act.
Penalty: Fifty pounds.
“164. A person shall not, at a place to which the limitation referred to in section 180 of the Customs Act 1901-1951 extends, act as the agent for an owner of goods unless that person is exclusively in the employment of the owner or is a Customs agent.
Penalty: Fifty pounds.
“165.—(1.) A person who is not a Customs agent shall not assume or use in connexion with his trade, business, calling or profession any words which would reasonably lead to the belief that his trade, business, calling or profession is being carried on under a licence.
Penalty: Twenty pounds.
“(2.) Without limiting the effect or application of the last preceding sub-regulation, a person, not being a Customs agent, who—
(a) places, or suffers or permits to be placed, on the building in which he carries on his trade, business, calling or profession;
(b) uses in an advertisement or sign published or displayed in connexion with his trade, business, calling or profession;
(c) uses on a document, as a description of his trade, business, calling or profession; or
(d) uses as the name or part of the name of a firm or company registered in Australia,
the words ‘customs agent’ or any words so nearly resembling the words ‘customs agent’ as to be likely to deceive, whether alone or in conjunction with other words, is guilty of an offence.
Penalty: Twenty pounds.
“166. A Customs agent may, upon furnishing a guarantee in such form as the Collector approves and in such sum as the Collector determines, pay the duties of customs on all goods entered on any day by him for home consumption at or before the closing time for the receipt of cash at the Customs office instead of at the time of making the entry.”.
3. After regulation 200 of the Customs Regulations the following regulation is inserted:—
“200a. A person who, during the period of twelve months which commences on the date on which this regulation comes into operation, furnishes to the Collector a form in accordance with Form 10, Form 11 or Form 12 containing the words ‘His Majesty the King’ shall be deemed to have furnished the form as if the words ‘Her Majesty the Queen’ were substituted in the form for the words ‘His Majesty the King’.”.
4. The Schedule to the Customs Regulations is amended—
(a) by omitting Forms 54 and 55;
(b) by omitting from Form 56 the words “any port in the Commonwealth where a customs agent’s licence is necessary for transacting business relating to the Customs,” and inserting in their stead the words “the following port or ports:—”;
(c) by omitting from Form 77 the word “obtained” (fourth occurring) and inserting in its stead the word “contained”; and
(d) by omitting Forms 84 and 85.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.