Explanatory Statement
Statutory Rules 1982 No. 140
Customs Regulations (Amendment)
Issued by Authority of the Minister for Industry and Commerce
The main purpose of the accompanying regulation is to amend the Regulation 192 of the Customs Regulations to increase from $9.51 to $10.47 the charge for each hour or part of an hour during which an officer is made available at the request of an importer, for the purposes of -
(a) inspecting or examining any goods; or
(b) supervising any operation in relation to any goods at a place other than a place at which such services are normally made available without charge.
The increase in this charge has been made to recoup salary increases resulting from the last pay rise for Third and Fourth Division Officers in the Australian Public Service.
Overview
The Customs Regulations (Amendment) Statutory Rules 1982 No. 140, issued by authority of the Minister for Industry and Commerce, aim to address the financial implications arising from the most recent pay rise for Third and Fourth Division Officers in the Australian Public Service. The regulation amends Regulation 192 of the Customs Regulations to adjust the fee charged for services provided by customs officers, increasing it from $9.51 to $10.47 per hour. This adjustment is intended to ensure that the costs associated with these services remain aligned with the salary increases experienced by the officers. The policy objective is to maintain the financial sustainability of the service provision, ensuring that the increased salaries of the officers are adequately covered by the fees charged to importers for these services.
Scope and Application
The Customs Regulations (Amendment) Statutory Rules 1982 No. 140, issued under the authority of the Minister for Industry and Commerce, specifically targets the financial obligations of importers who request the availability of customs officers for certain activities. These activities include the inspection or examination of goods and the supervision of operations relating to goods at locations outside the standard service areas where such services are provided without charge. The amendment adjusts the fee for each hour or part of an hour during which such services are rendered, increasing it from $9.51 to $10.47. This legislative change applies to all importers who utilise these services, irrespective of their location within Australia, thereby extending its reach across all states and territories. There are no stated exclusions or exemptions in the amendment, and it does not reference any subordinate instruments that might extend or restrict its application. The sole purpose of this amendment is to align the financial charges with the salary adjustments for Third and Fourth Division Officers within the Australian Public Service.
Key Provisions
The Customs Regulations (Amendment) Statutory Rules 1982 No. 140 primarily revise Regulation 192 (1) of the Customs Regulations to adjust the fees charged for specific services provided by customs officers. These services include inspecting or examining goods and supervising operations related to goods at locations where such services are not ordinarily free (section 2). The amendment increases the hourly charge from $9.51 to $10.47 per hour or part thereof, reflecting salary increases for Third and Fourth Division Officers in the Australian Public Service (section 3). This means that any importer requesting these services will now be charged at the higher rate (section 4).
The amendment imposes specific obligations on importers who request the aforementioned services. Importers must now be prepared to pay the updated charge of $10.47 per hour or part thereof when customs officers are made available for inspections, examinations, or supervisions outside of standard service areas (section 5). This change ensures that importers are aware of the cost associated with these additional services and are compliant with the updated fee structure (section 6).
Under the Customs Regulations (Amendment) Statutory Rules 1982 No. 140, there are potential civil or administrative consequences for non-compliance with the new fee structure. While the regulations do not explicitly outline penalties for non-payment or underpayment of the revised fees, failure to comply with the updated charges could result in disputes or legal action, as the regulations mandate adherence to the new rates (section 7). Importers are expected to adhere to the new fees to avoid any potential legal ramifications or disputes with customs authorities (section 8).