Customs Regulations (Amendment)

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Legislation au F1996B03958 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1958. No. 86.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1957.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1957.

Dated this 19th day of December, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) Denham Henty

Minister of State for Customs and Excise.

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Amendments of the Customs Regulations.†

1. These Regulations shall come into operation on the first day of January, 1959.

2. Regulation 54 of the Customs Regulations is amended by omitting the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

3. Regulation 56 of the Customs Regulations is amended by omitting from sub-regulation (2.) the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

4. Regulation 58 of the Customs Regulations is amended by omitting the words “Eight shillings” (wherever occurring) and inserting in their stead the words “Nine shillings and sixpence”.

5. Regulation 61 of the Customs Regulations is amended by omitting from sub-regulation (3.) the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

6. Regulation 76 of the Customs Regulations is amended by omitting from sub-regulation (2.) the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

7. Regulation 93 of the Customs Regulations is amended by omitting from paragraph (c) of sub-regulation (2.) the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

 

* Notified in the Commonwealth Gazette on 23rd Dec, 1958

† 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; and 1957, Nos. 57 and 76.

8424/58.—Price 3d. 9/9.12.1958.


8. Regulation 111 of the Customs Regulations is amended by omitting from sub-regulation (3.) the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

9. Regulation 147 of the Customs Regulations is amended by omitting the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

10.—(1.) Regulation 159 of the Customs Regulations is repealed and the following regulation inserted in its stead:—

“159.—(1.) Before a licence is granted, there is payable to the Collector by the applicant for the licence—

(a) in the case of an application by a sub-agent—a fee of One pound; or

(b) in the case of an application by a person other than a sub-agent—a fee of Five pounds.

“(2.) There is payable to the Collector, in respect of each licence in force on the first day of January in a year, by the person who holds the licence—

(a) in the case of a licence held by a person who is a sub-agent—a fee of One pound; or

(b) in the case of a licence held by a person who is not a sub-agent—a fee of Five pounds.

“(3.) A fee payable, in pursuance of the last preceding sub-regulation, on the first day of January in a year is payable on or before the first working day in January in that year.”.

(2.) The regulation inserted in the Customs Regulations by the last preceding sub-regulation applies in relation to—

(a) a licence granted on or after the first day of January, 1959; and

(b) a licence in force on the first day of January, 1959, or on any subsequent first day of January.

11. Regulation 192 of the Customs Regulations is amended by omitting the words “Eight shillings” and inserting in their stead the words “Nine shillings and sixpence”.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Customs Regulations 1958, made under the authority of the Customs Act 1901-1957, were enacted to amend various fees and charges stipulated within the Customs Regulations. This legislative instrument was designed to update the monetary values of certain fees in response to economic changes and inflationary pressures, ensuring that the fees remain reflective of contemporary economic conditions. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and came into operation on the first day of January 1959. The amendments primarily involved adjusting the fee structures by replacing the old currency of Eight shillings with Nine shillings and sixpence across several regulations. Additionally, Regulation 159 was repealed and replaced with a new regulation that specified different fees for sub-agents and other licence holders. These changes aimed to maintain the relevance and effectiveness of the regulatory framework governing customs fees and charges.

Scope and Application

These Statutory Rules, made under the Customs Act 1901-1957, outline amendments to the Customs Regulations, which are effective from 1 January 1959. The amendments involve updating the monetary amounts specified in several regulations, replacing the previous denomination of "Eight shillings" with "Nine shillings and sixpence" in various instances. Additionally, Regulation 159 is repealed and replaced with new provisions regarding fees for customs licences, distinguishing between sub-agents and other applicants, and setting forth annual fees for licences in force as of the first day of January each year. The new regulations apply to all licences granted or in force from the specified date onwards, impacting the fees and monetary thresholds associated with customs duties and licences within the Commonwealth of Australia. The scope of these amendments is limited to the adjustments of fees and monetary values as detailed, and there are no stated exclusions or exemptions within these regulations.

Key Provisions

These Regulations, coming into operation on the first day of January 1959, amend several sections of the Customs Regulations under the Customs Act 1901-1957. Specifically, the Regulations update the monetary amounts from Eight shillings to Nine shillings and sixpence across multiple sections, including sections 54, 56, 58, 61, 76, 93, 111, 147, and 192. Additionally, Regulation 159 is repealed and replaced with new provisions regarding fees for customs licences. The new fee structure requires an applicant for a licence to pay a fee of One pound if they are a sub-agent or Five pounds if they are not a sub-agent. Similarly, a fee of One pound is required from sub-agents holding a licence, while non-sub-agents must pay Five pounds. The Regulations impose clear financial obligations on applicants and holders of customs licences. For example, applicants for a licence must pay a fee of One pound if they are a sub-agent or Five pounds if they are not. Furthermore, holders of a licence must pay an annual fee on or before the first working day in January each year. This annual fee is One pound for sub-agents and Five pounds for non-sub-agents. The Regulations aim to ensure that all relevant parties are aware of and comply with these financial obligations to maintain the smooth operation of customs procedures. Failure to comply with the provisions of these Regulations may result in various consequences. While the specific penalties for non-compliance are not detailed in the Regulations, under the Customs Act 1901-1957, breaches of customs laws can lead to civil and criminal penalties. These penalties can include fines, imprisonment, or both, depending on the nature and severity of the offence. It is important for all parties subject to these Regulations to adhere strictly to the prescribed fees and deadlines to avoid potential legal repercussions.

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