Statutory Rules 1981 No. 1621
_______________
Customs Regulations2 (Amendment)
I, THE ADMINISTRATOR of the Government 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 25 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
_____________
Repeal of headings
1. The headings in the Customs Regulations from and including “CITATION.” to and including “Sec. 28. WORKING DAYS AND HOURS.” and from and including “Sec. 29. OVERTIME RATES.” to and including “REPEAL.” are repealed.
Payment for services of officers
2. Regulation 192 of the Customs Regulations is amended by omitting “$8.68” and substituting “$9.33”.
1. Notified in the Commonwealth of Australia Gazette on 30 June 1981.
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; 1980 Nos. 109, 255, 372 and 377.
Overview
The Customs Regulations 1981 (Amendment) Statutory Rules were enacted to update and modernise the existing Customs Regulations of 1926, addressing the need for current and relevant guidelines in customs administration. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority granted by the Customs Act 1901. The policy objective was to streamline customs processes and ensure the regulations remained effective and relevant to contemporary trade practices. The primary change introduced by these regulations was the amendment of payment rates for customs officers and the repeal of certain outdated headings, thereby ensuring that the administrative framework supported efficient customs operations.
Scope and Application
The Statutory Rules 1981 No. 1621 (Customs Regulations (Amendment)) made under the Customs Act 1901 pertains to the administration and regulation of customs procedures in Australia, applying to entities and individuals engaged in the importation and exportation of goods. This legislative instrument affects the payment for services of officers, as evidenced by the amendment to Regulation 192, adjusting the remuneration rate for these services. The scope of this amendment is limited to the payment scale for customs officers, and it does not extend to other areas of customs regulation. The regulations apply on a national level across Australia, encompassing all states and territories, thereby ensuring a uniform approach to customs administration throughout the country. The Act does not specify exclusions or exemptions, and its primary function is to update and refine existing customs regulations to reflect contemporary economic and administrative conditions. The application of these regulations can be further refined or extended through subordinate instruments, which may provide additional clarification or detail to specific provisions within the Customs Regulations.
Key Provisions
The Customs Regulations (Amendment) Statutory Rules 1981 No. 1621 contain several key provisions that amend existing regulations under the Customs Act 1901. Primarily, the regulations repeal certain headings within the Customs Regulations (section 1). This repeal includes headings from “CITATION.” to “Sec. 28. WORKING DAYS AND HOURS.” and from “Sec. 29. OVERTIME RATES.” to “REPEAL.”. These changes streamline and update the regulatory framework by removing outdated or redundant sections. Additionally, section 2 of the amendment modifies Regulation 192 of the Customs Regulations by adjusting the payment rate for services of officers from $8.68 to $9.33. This update ensures that the compensation for these services reflects current economic conditions and standards.
The amended regulations impose specific obligations and requirements on the entities and individuals governed by them. For example, the repeal of certain headings may require affected parties to adjust their practices or documentation to comply with the updated regulatory framework. The change in the payment rate for services of officers (section 2) necessitates that any payments made under Regulation 192 now adhere to the new rate of $9.33. This adjustment ensures that all transactions related to these services are conducted in accordance with the latest regulatory standards.
In terms of consequences for non-compliance, the Customs Regulations (Amendment) Statutory Rules 1981 No. 1621 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of the amended provisions. However, given that these regulations are made under the authority of the Customs Act 1901, any failure to comply with the updated regulations could potentially lead to enforcement actions under the broader provisions of the Act. This might include fines, penalties, or other administrative actions as deemed appropriate by the relevant authorities to ensure compliance with the regulatory requirements.