EXPLANATORY STATEMENT
CUSTOMS REGULATIONS (AMENDMENT)
STATUTORY RULES 1987 NO. 297
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR SCIENCE AND SMALL BUSINESS
This Statutory Rule revises the Customs Flag provided for by the Act and the Regulations.
The substance of the change is to omit the letters “H.M.C.” from the fly of the flag as currently prescribed and substitute the word “CUSTOMS” in white in bold character. (In the technical terminology pertaining to the design of flags, the ‘fly’ of the flag is that part farthest from the staff.)
The amendments are as follows:
Regulation 1 provides that the regulations shall come into operation on 1 January 1988;
Regulation 2 amends regulation 1A of the Regulations to define ‘Customs Flag’ as the flag prescribed by regulation 2 for the purposes of section 14. This is a technical amendment consistent with current drafting policy;
Regulation 3 repeals regulation 2 of the Regulations and inserts a new regulation 2 to prescribe the new Customs Flag as the Australian National Flag with the addition in the fly of the word ‘CUSTOMS’ in white in bold character;
Regulation 4 amends regulation 166A of the Regulations to correct a typographical inconsistency in the reference to the Customs flag which appears in that regulation. The amendment omits from subparagraph 166(2)(a)(i) the words ‘Customs Flag’ and substitutes ‘Customs flag’ (the emphasis is added here for purpose of clarity).
Overview
The Customs Regulations (Amendment) Statutory Rules 1987 No. 297 were enacted to address specific inconsistencies and updates in the design of the Customs Flag as prescribed by the Customs Act 1901. The Customs Regulations were amended to reflect the need for a standardised and clearer representation of the Customs Flag, ensuring that it aligns with the Australian National Flag while distinctly identifying its purpose. The changes were authorised by the Minister of State for Science and Small Business and were introduced to provide clarity and consistency in the application of customs regulations. This amendment aims to streamline the identification and use of the Customs Flag in official capacities by omitting the outdated letters "H.M.C." and replacing them with the word "CUSTOMS" in bold white characters, thereby improving the flag's visibility and purpose.
Scope and Application
The Customs Regulations (Amendment) Statutory Rules 1987 No. 297 pertains to the revision of the Customs Flag as prescribed by the Act and the Regulations. It applies to the Customs Flag itself, ensuring that the flag meets the specified design criteria. The amendment, which took effect on 1 January 1988, removes the letters "H.M.C." from the fly of the flag and replaces them with the word "CUSTOMS" in bold white characters. This change is purely technical, aligning with current drafting policies and correcting a typographical inconsistency in the reference to the Customs flag. The amendments do not extend to any specific persons, entities, industries, or conduct but rather focus on the specific design of the flag used in customs-related contexts. The jurisdictional reach of these amendments is consistent with the overarching Customs Act, which operates on a national level throughout Australia, ensuring uniformity in customs regulations across the country. The amendments do not introduce any exclusions, exemptions, or thresholds but serve to refine the regulatory framework governing the appearance of the Customs Flag.
Key Provisions
The Customs Regulations (Amendment) Statutory Rules 1987 No. 297 primarily revise the design and definition of the Customs Flag under the Act. Regulation 1 sets the commencement date for these amendments, effective from 1 January 1988. Regulation 2 is a technical amendment, redefining the term 'Customs Flag' as the flag prescribed by regulation 2 for the purposes of section 14, aligning with current drafting policies. The most significant change, detailed in Regulation 3, involves the physical alteration of the flag itself. This regulation repeals the previous regulation 2 and introduces a new regulation 2, which now prescribes the Customs Flag as the Australian National Flag with the addition of the word 'CUSTOMS' in white and bold character in the fly of the flag. Regulation 4 rectifies a typographical inconsistency in the reference to the Customs flag within regulation 166A, ensuring consistency in the use of capitalisation.
These amendments impose specific obligations on parties or entities governed by the Act. The primary obligation is for all relevant entities to adopt the revised Customs Flag as defined in regulation 2. This includes the accurate representation of the flag in any official or legal documentation, signage, or other applications where the Customs Flag is to be displayed. The changes necessitate that the updated flag design be used in all instances where the Customs Flag is required, ensuring uniformity and compliance with the new regulations.
Non-compliance with these amendments could result in civil or administrative consequences. While the specific penalties for breach are not detailed in the explanatory statement, the Act may include provisions for fines, legal actions, or other penalties as outlined in the broader Customs Act. The exact consequences would depend on the specific provisions of the primary legislation and any relevant case law or administrative guidelines. It is essential for all parties to adhere to these regulations to avoid any potential legal repercussions or administrative penalties.