Customs Regulations (Amendment)

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Legislation au F1996B03946 Regulations Not in force Legislative Instrument

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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 Regulations 156 to 168 (inclusive) of the Customs Regulations are repealed and the following regulations inserted in their stead:—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.

Overview

The Statutory Rules of 1952, specifically No. 96, present the Regulations under the Customs Act 1901-1951. These regulations were introduced to refine and update the framework governing customs operations in Australia. Enacted by the Governor-General, W. J. McKell, with the advice of the Federal Executive Council, these amendments aimed to address various administrative and operational gaps identified in the existing customs regulations. The primary policy objective of these regulations was to ensure a more streamlined and efficient customs process by updating fees, licensing criteria, and other procedural aspects, thereby facilitating smoother international trade and compliance with customs laws.

Scope and Application

The Customs Regulations 1952, made under the Customs Act 1901-1951, primarily pertain to the licensing and regulation of customs agents within Australia. These regulations apply to individuals and entities seeking to act as customs agents, defining who can be a customs agent, head agent, or sub-agent, and stipulating the conditions and requirements for obtaining a licence. This includes setting forth the security and fees associated with both the initial application and the annual renewal of licences. The regulations also establish penalties for unauthorised conduct by non-customs agents, and detail the process for appealing a cancellation of a licence. The reach of these regulations is national, governing the operations of customs agents across various ports throughout Australia. Notably, the regulations have been amended to reflect changes in sovereign titles, indicating their ongoing relevance and application within the Commonwealth.

Key Provisions

The Regulations under the Customs Act 1901-1951 (referred to as the Customs Regulations) are amended to update the fee structure for Customs agent licences, modify the definitions and requirements for Customs agents and sub-agents, and include provisions for the replacement of outdated forms and references to the monarch. Specifically, Regulation 22 is amended to increase the fee for Customs agent licences from Ten shillings and ninepence to Twelve shillings and sixpence (Regulation 22). Regulations 156 to 168 are repealed and replaced with new provisions that clarify the definitions of key terms such as 'Customs agent', 'head agent', 'licence', and 'sub-agent' (Regulations 156 to 166). These new regulations detail the application process for Customs agent licences, including the submission of a security and the payment of fees, as well as the conditions under which a licence may be cancelled and the process for appealing a cancellation decision (Regulations 157 to 162). The Regulations impose several obligations on Customs agents and sub-agents. They must obtain a licence from the Collector and comply with the associated fees and security requirements. Sub-agents must also ensure that their head agent holds a valid licence. The Regulations prohibit Customs agents and sub-agents from acting on behalf of goods owners without explicit authorisation, and from using terms that could mislead others into believing they hold a Customs agent's licence (Regulations 163 to 165). Furthermore, Customs agents may be required to provide a guarantee to pay customs duties on goods entered for home consumption (Regulation 166). Violating the provisions of these Regulations can result in civil penalties. For instance, acting as an agent for goods owners without the necessary authorisation or using misleading terms can incur a penalty of Fifty pounds (Regulation 163), while falsely claiming to hold a Customs agent's licence can result in a penalty of Twenty pounds (Regulation 165). These penalties are intended to enforce compliance with the Regulations and to protect the integrity of the Customs agency process.

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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.