Customs Regulations (Amendment)

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Statutory Rules

1980 No. 109

REGULATIONS UNDER THE CUSTOMS ACT 19011

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

 Dated this twenty-second day of May 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

R. V. GARLAND

Minister of State for Business and Consumer Affairs

_______________

AMENDMENTS OF THE CUSTOMS REGULATIONS2

1  Regulation 22 of the Customs Regulations is amended by omitting from sub-regulation (1) “$8.66” and substituting “$9.05”.

2  Regulation 192 of the Customs Regulations is amended by omitting “$6.00” and substituting “$8.01”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 May 1980.

2. 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; 1951 Nos. 34, 38, 71, 99, 106, 109 and 159; 1952 No. 96; 1953 No. 102; 1954 No. 21; 1955 Nos. 15, 32 and 66; 1956 Nos. 71, 83, 91 and 127; 1957 Nos.57 and 76; 1958 No. 86; 1959 No. 106; 1960 Nos. 29 and 70; 1961 Nos. 60 and 144; 1962 Nos. 102 and 103; 1963 No. 149; 1964 No. 141; 1965 Nos. 86, 121 and 194; 1966 Nos. 15 and 173; 1967 Nos. 9 and 179; 1968 No. 68; 1969 Nos. 69, 77, 133, 152 and 186; 1970 Nos. 104, 113 and 170; 1971 Nos. 9, 59 and 170; 1972 No. 96; 1973 Nos. 155, 251, 257 and 268; 1974 Nos. 29 and 112; 1976 Nos. 261 and 262; 1977 Nos. 68, 137 and 188; 1978 Nos. 32, 147, 180 and 195; 1979 Nos. 181, 275 and 277.

Overview

The Customs Regulations 1980, made under the Customs Act 1901, were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to update the rates for certain customs duties and fees. The objective of these regulations was to align the monetary values with the economic conditions and inflation rates at the time, ensuring the enforcement of customs duties was fair and reflective of current economic realities. This legislative instrument aimed to provide clarity and consistency in the application of customs duties and fees, thereby facilitating smoother international trade and commerce.

Scope and Application

The Statutory Rules 1980 No. 109, which are regulations made under the Customs Act 1901, govern various aspects of customs duties, import and export procedures, and related compliance requirements within Australia. These regulations apply to all persons, entities, and industries involved in importing or exporting goods, ensuring that they adhere to the stipulated duties and processes outlined in the Customs Act. The scope of these regulations is national, as they pertain to the entire Commonwealth of Australia, ensuring uniformity in the application of customs laws across state and territory borders. The regulations amend specific sub-regulations to adjust the duty rates for certain goods, demonstrating the flexibility of the framework to adapt to economic changes or policy adjustments. The regulations do not explicitly mention any exclusions, exemptions, or thresholds within the provided text; however, the Customs Act itself contains provisions that might detail such exclusions. The application of these regulations may be further extended or restricted through subordinate instruments, allowing for the dynamic management of customs duties and import/export regulations.

Key Provisions

The key provisions of the Statutory Rules 1980 No. 109, which are Regulations made under the Customs Act 1901, involve amendments to specific monetary values within the existing Customs Regulations. Regulation 22, previously stating a value of $8.66, is amended to now specify $9.05 (sub-regulation (1)). Additionally, Regulation 192 is altered from its original $6.00 to the new figure of $8.01. These amendments update the monetary thresholds within the Customs Regulations, likely affecting duties, tariffs, or other financial requirements related to customs operations. The obligations and requirements imposed by these regulations are primarily concerned with updating the financial parameters within the Customs Act 1901. Parties or entities governed by these regulations, such as importers, exporters, and customs brokers, must ensure compliance with the updated monetary values specified in Regulations 22 and 192. This includes accurately declaring values and ensuring that any applicable duties or fees are calculated based on the new thresholds. Failure to comply with these updated values could result in discrepancies in customs declarations and financial obligations. For breaches of these regulations, there are potential civil and criminal consequences. The severity of the breach determines whether it is treated as a civil or criminal matter. In civil cases, penalties may include fines or other financial penalties, while criminal breaches could result in more severe consequences, such as imprisonment. The maximum penalties are not explicitly stated within these regulations, but under the broader Customs Act 1901, penalties for non-compliance can be substantial. These may include fines up to several thousand Australian dollars or imprisonment for more severe breaches, depending on the specific nature and impact of the violation.

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