Statutory Rules
1979 No. 181
REGULATION UNDER THE CUSTOMS ACT 19011
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901.
Dated this fifth day of September 1979.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
WAL. FIFE
Minister of State for Business and Consumer Affairs
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AMENDMENT OF THE CUSTOMS REGULATIONS2
Regulation 22 of the Customs Regulations is amended by omitting from sub‑regulation (1) “$8.07” and substituting “$8.66”.
1. Notified in the Commonwealth of Australia Gazette on 10 September 1979.
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; and 1978 Nos. 32, 147, 180 and 195.
Overview
The Customs Regulations 1979, made under the Customs Act 1901, were enacted by the Commonwealth of Australia to provide detailed rules and procedures for the administration of customs duties and regulations. These regulations aim to ensure efficient and effective border control and revenue collection by the Australian Customs Service, aligning with broader fiscal and trade policies. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The specific amendment mentioned, which adjusts the value of goods for duty purposes from $8.07 to $8.66, exemplifies the legislative intent to keep the customs valuation current with economic changes, ensuring that duties are accurately assessed and collected.
Scope and Application
The Customs Regulations, established under the Customs Act 1901, apply to all persons and entities involved in the importation and exportation of goods within Australia, including individuals, businesses, and other legal entities. The scope of the Regulations encompasses a wide range of activities and transactions, ensuring compliance with the customs laws at Australia's borders. These regulations govern the valuation, classification, and duty assessment of imported goods, and also cover the control and clearance of both imported and exported goods. The Regulations extend to the entire Commonwealth of Australia, with a uniform application across all states and territories. While the primary focus is on the customs process, the Regulations may include exclusions or exemptions for certain goods or transactions as specified in subordinate instruments, such as the amendments noted in the Statutory Rules 1979 No. 181, which adjust the duty rates for specific goods. This continuous updating ensures that the regulations remain relevant and effective in managing Australia's trade activities.
Key Provisions
The Statutory Rules 1979 No. 181, made under the Customs Act 1901, primarily focus on amending the Customs Regulations. Specifically, Regulation 22 is altered by adjusting the monetary value threshold from $8.07 to $8.66. This amendment is intended to update the monetary limit that determines the need for certain customs procedures, likely impacting how goods are assessed for duty and other charges upon entry into Australia. The amendment is straightforward, replacing one figure with another within the existing regulatory framework.
Entities and individuals subject to the Customs Act 1901 must adhere to the updated monetary threshold stipulated in the amended Regulation 22. This means that any goods valued at or above the new threshold of $8.66 will now require specific customs declarations and may be subject to additional scrutiny or duties. Importers, exporters, and other stakeholders need to ensure that their valuation and declaration practices comply with this updated regulation to avoid any potential issues with customs authorities.
Failure to comply with the updated monetary threshold could lead to various consequences. For instance, if goods are undervalued or not declared correctly because of the new threshold, it might result in penalties for non-compliance. The specific penalties are not detailed in the statutory rules, but generally, under the Customs Act 1901, penalties for customs violations can include fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and extent of the breach, and could be pursued under the relevant sections of the Customs Act 1901.