EXPLANATORY STATEMENT
Statutory Rules 1986 No. 176
Customs Regulations (Amendment)
Issued by Authority of the Minister of State for Industry, Technology and Commerce
Statutory Rules 1985 No 126 amended the Customs Regulations to, amongst other things, insert a new Regulation 138B to impose an obligation on the Comptroller-General of Customs to include in any notice to persons affected by certain decisions of the Comptroller, a statement that an application for review of the decisions could be made to the Administrative Appeals Tribunal.
However, this provision omitted to impose an obligation on the Comptroller-General of Customs to notify a person affected by the particular appealable decision of that decision. This regulation honours an undertaking given by the Minister for Industry, Technology and Commerce to the Senate Standing Committee on Regulations and Ordinances to correct this technical oversight.
The Regulation repeals the existing Regulation 138B and replaces it with a new Regulation 138B which in:
Sub-Regulation (1) requires the Comptroller, for the purposes of decisions of a kind referred to in sub-regulation 138A(1), to give written notice of his or her decision to persons whose interests are affected by the decision;
Sub-Regulation (2) obliges the Comptroller to include in any notice made under sub-regulation (1), a statement that an application for review of the decision may be made to the Administrative Appeals Tribunal by, or on behalf of, the person(s) whose interests are affected by the decision; and in
Sub-Regulation (3) provides that a failure to comply with sub-regulations (1) and (2) does not affect the validity of the decision.