Customs Regulations (Amendment)

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Statutory Rules 1980 No. 377

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Customs Regulations2 (Amendment)

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 22 December 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

JOHN MOORE

Minister of State for Business and Consumer Affairs

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 Application

 1. In relation to an agents licence within the meaning of sub-section 180 (1) of the Customs Act 1901, the Customs Regulations as amended by regulation 2 apply in respect of a licence granted or renewed, or to be granted or renewed, in respect of any period commencing on or after 1 January 1981.

 2. Regulations 156, 157, 158, 159, 160 and 161 of the Customs Regulations are repealed and the following regulations substituted:

 “156. In regulations 157, 158, 159, 160, 162, 162A, 162B and 166, ‘agents licence’, ‘Committee’, ‘corporate customs agent’, ‘customs agent’, ‘nominee’ and ‘person’ have the meanings referred to in sub-section 180 (1) of the Act.

 “157. An application for the grant or renewal of an agents licence shall state whether the applicant for the licence intends to act, at any time when the licence is in force, as a customs agent in his own right.

 “158. The fee payable in respect of the grant or renewal of an agents licence is—

 (a) where the customs agent is a natural person who does not intend to act, at any time when the licence is in force, as a customs agent in his own right—$10; or

 (b) in any other case—$120.

 “159. An agents licence in respect of which the fee referred to in paragraph 158 (a) has been paid is subject to the condition that the holder of the licence shall not, at any time when the licence is in force, become authorized to be an agent in accordance with sub-section 181 (1) of the Act.

 “160. Fees in respect of the grant or renewal of an agents licence are to be paid not later than the day on which the licence or the renewal of the licence, as the case may be, is to come into force.”.

 3. Regulation 162 of the Customs Regulations is amended—

 (a) by omitting from sub-regulation (1) “a” and substituting “the”; and

 (b) by omitting from sub-regulation (2) “A Committee” and substituting “The Committee”.

 4. Regulation 162A of the Customs Regulations is repealed and the following regulation substituted:

 “162A. A notice under sub-section 183J (1) of the Act to a person that a question relating to an agents licence held by the person has been referred under section 183CQ of the Act to the Committee shall be in accordance with Form 57.”.

 5. Regulation 162B of the Customs Regulations is amended by omitting “a Committee” and substituting “the Committee”.

 6. Regulations 162C, 163, 164 and 165 of the Customs Regulations are repealed.

 7. The Schedule to the Customs Regulations is amended—

 (a) by omitting Form 56;

 (b) by omitting Form 57 and substituting the following Form:

  “FORM 57  Regulation 162A

AUSTRALIAN CUSTOMS

NOTICE OF INQUIRY

To

I     , the Chairman of the National Customs Agents Licensing Advisory Committee hereby, in pursuance of section 183J of the Customs Act 1901, give you notice that the following question has been referred to the Committee under section 183CQ of the Act, being a question in which you are concerned:

 (Here set out briefly the question that has been referred to the Committee)

and that the Committee intends to hold an inquiry into the question at

on the  day of  19  commencing at

o’clock in the  noon.

 If you attend at the time and place specified above, the Committee will afford you an opportunity of examining witnesses, of giving evidence and calling witnesses and of addressing the Committee. If you do not attend at the time and place specified above, the Committee may, unless satisfied that you are prevented by illness or other unavoidable cause from so attending, proceed to hold the inquiry in your absence.

Dated  19      .

Chairman”;

 (c) by omitting from Form 57A “a Committee of Inquiry appointed under section 183D of the Customs Act 1901-19               to inquire into the matter referred to below, hereby require you, in pursuance of the power conferred on me by section 183K of the Customs Act 1901-19               ,” and substituting “the National Customs Agents Licensing Advisory Committee hereby, in pursuance of the power conferred on me by section 183K of the Customs Act 1901, require you”;

 (d) by inserting in Form 57A “referred to below” after “in connection with the matter”;

 (e) by omitting from Form 57A “-19  provides that a person summoned to attend before a Committee” and substituting “provides that a person summoned to attend before the National Customs Agents Licensing Advisory Committee”;

 (f) by omitting from Form 57A “not exceeding Two hundred dollars or imprisonment for six months” and substituting “of $1,000”; and

 (g) by omitting Form 57B.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.

2. Statutory Rules 1926 No. 203 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 109 and see also Statutory Rules 1980 Nos. 109, 255 and 372.

Overview

The Customs Regulations 1980, as amended by Statutory Rules 1980 No. 377, were enacted to update and refine the regulatory framework governing the licensing of customs agents under the Customs Act 1901. This legislative instrument was introduced to ensure that the regulatory processes for licensing and the associated fees were clearly defined and consistently applied. The Customs Act 1901 provides the legislative basis for the regulation of customs agents, and these regulations were made under the authority of the Act to further detail the requirements and procedures for licensing. The primary objective of these amendments was to streamline the licensing process, clarify the responsibilities and rights of customs agents, and establish a more straightforward fee structure. By updating the Customs Regulations, the government aimed to enhance the efficiency and effectiveness of customs operations while ensuring compliance with the statutory requirements set forth in the Customs Act.

Scope and Application

The Customs Regulations 1980, as amended by the Statutory Rules 1980 No. 377, apply to individuals and entities seeking to obtain, renew, or act under a customs agent’s licence under the Customs Act 1901. Specifically, the regulations govern the application process, fees, and conditions associated with obtaining such a licence, including the differentiation in fees depending on whether the applicant intends to act as a customs agent in their own right. These regulations apply nationally across Australia, as they are made under the authority of the Commonwealth of Australia. The regulations also address the process for notices and inquiries related to customs agent licences, establishing a formal mechanism for notifying applicants when their licence is under review by the National Customs Agents Licensing Advisory Committee. Exclusions and exemptions within these regulations are limited to the specific differentiation in fee structures based on the applicant’s intentions regarding personal representation as a customs agent. The application and scope of these regulations may be further defined or modified through additional subordinate instruments, ensuring flexibility and responsiveness to changing administrative needs.

Key Provisions

The Statutory Rules 1980 No. 377 Customs Regulations (Amendment) pertain to the Customs Act 1901 and specifically address the licensing of customs agents. Regulation 1 (1) specifies that these regulations apply to an agent's licence granted or renewed from 1 January 1981 onwards. Regulation 2 repeals and substitutes several existing regulations, notably those numbered 156, 157, 158, 159, 160, and 161, with new provisions designed to streamline the licensing process and clarify fee structures. The obligations under these regulations require customs agent applicants to disclose their intentions to act as a customs agent in their own right when applying for or renewing a licence (Regulation 157). Furthermore, applicants must pay the appropriate fee, which varies based on whether they intend to act as a customs agent in their own right (Regulation 158). If the lower fee is paid, the licence holder is restricted from becoming an authorized agent during the licence's validity (Regulation 159). All fees must be paid by the effective date of the licence or its renewal (Regulation 160). Additionally, Regulation 162A mandates that notices regarding referred questions about an agent's licence must follow the format provided in Form 57. Failure to comply with these regulations can result in civil or criminal consequences. For instance, not adhering to the fee payment requirements or restrictions outlined in the regulations can lead to penalties. According to Regulation 162A, the penalty for not attending a required inquiry or failing to comply with a summons by the National Customs Agents Licensing Advisory Committee is a fine of up to $1,000, as per the updated Form 57A. This penalty reflects the seriousness of non-compliance and underscores the importance of adhering to the regulations.

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Customs Law
Instrument
Regulation
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Definitions & Interpretation
Licensing & Registration
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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.