EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 308
CUSTOMS REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State of Industry, Technology and Commerce.
Customs Regulation 49A prohibits the use by a person of certain words in connection with his trade, business, calling or profession where the person is not the holder of a warehouse licence under Part V of the Customs Act 1901 and the words would reasonably lead to the belief that the business is so licensed.
The purpose of the regulations is to amend Customs Regulation 49A to increase the maximum penalty for breach of that regulation from $40 to $250.
The proposed amendment is part of a package of measures involving duty free shops. That package includes:
(i) amendment of the Customs Regulations to introduce provisions relating to duty free shops and amend regulation 49A to introduce tighter controls over the use of certain terms that may be associated with duty free shops by persons not licensed to operate a duty free shop (Executive Council Minute 51 of 1985 refers); and
(ii) Proclamation of sections 22 and 24 of the Customs and Excise Amendment Act 1982. It is proposed that 2 December 1985 be the day fixed for sections 22 and 24 of the Act to come into operation (Executive Council Minute 54 of 1985 refers).
The increase in the level of penalty is considered appropriate in view of the proposed strengthened controls over the misleading use of terms associated with duty free shops and the potential commercial advantage that may be obtained from the misuse of such terms.
Regulation 1 provides for the amending regulations to come into operation on 2 December 1985 which is the day fixed by Proclamation for sections 22 and 24 of the Customs and Excise Amendment Act 1982 to come into operation.
Regulation 2 increases the penalty for a breach of regulation 49A from $40 to $250.