Customs Regulations (Amendment)

Overview

Statutory Rules 1922 No. 48, made under the Customs Act 1901-1920, were enacted to amend the Customs Regulations 1922 by including additional premises as "Prescribed Places" for the reception or manufacture of goods intended for export. The regulation was issued by the Governor-General in Council, reflecting the authority of the Federal Executive Council and the Minister of State for Trade and Customs, Arthur S. Rodgers. The objective was to expand the list of approved locations where goods could be stored or processed before being exported, thus ensuring compliance with customs regulations and facilitating smoother international trade operations. This legislative instrument aimed to address a specific need within the customs framework by clearly delineating additional sites authorised for handling export goods, thereby enhancing the oversight and management of export activities.

Scope and Application

This statutory rule, made under the Customs Act 1901-1920, serves to amend the Customs Regulations 1922 by adding new premises designated as "Prescribed Places" for the reception or manufacture of goods intended for export. This regulation applies specifically to these listed premises in various locations across Australia, including Queensland and New South Wales, as well as Victoria, thereby extending its application across multiple states. The designated premises are owned by various companies, including Birt & Company Ltd., Railway Cool Stores, Fresh Food and Ice Company Ltd., and others. These amendments specify the geographic scope of the regulation, impacting businesses operating out of these particular locations. The regulation does not explicitly state any exclusions or exemptions, but the listed premises are specifically identified, indicating that only these locations are subject to the regulation. This legislative instrument, therefore, narrows the application to specific entities and locations, thereby tailoring its jurisdictional reach to these particular premises and their operations within the customs framework.

Key Provisions

The primary operative sections of the Statutory Rules 1922, No. 48, under the Customs Act 1901-1920, involve amending the Customs Regulations 1922 by inserting a new regulation (24a) that designates specific premises as “Prescribed Places” for the reception or manufacture of goods intended for export. These premises, listed in Section 30 (d), include a number of locations in Queensland, New South Wales, and Victoria, such as Birt & Company Ltd. in Buruda and South Brisbane, Railway Cool Stores in Brisbane, and various cold storage facilities and market stores in Sydney, Newcastle, Ultimo, Melbourne, and other locations. These “Prescribed Places” are recognised under Section 30 (d) of the Customs Act, which allows for the designation of specific locations where goods can be received or manufactured for the purpose of export, ensuring they meet the necessary standards and regulations. The Act imposes obligations on the entities operating these “Prescribed Places” to comply with the regulations governing the reception and manufacture of goods for export. This includes ensuring that the premises meet the standards set out in the Customs Act and any associated regulations. The entities must also maintain records and documentation that demonstrate compliance with these regulations, which may involve regular inspections and audits by the relevant authorities. Furthermore, these entities are required to adhere to any additional conditions or requirements that may be specified by the Customs authorities, ensuring that the goods produced or handled at these locations are suitable for export and do not pose any risk to public health or safety. Failure to comply with the provisions of the Customs Act and the associated regulations may result in various offences and penalties. The specific consequences for breach can include fines and other financial penalties, as well as potential criminal charges for more serious or repeated violations. The maximum penalties for these offences are not explicitly stated in the provided excerpt, but they can vary depending on the nature and severity of the breach. In some cases, non-compliance may also lead to the suspension or revocation of the status of a “Prescribed Place,” which could have significant implications for the entities involved. Additionally, ongoing non-compliance or repeated breaches could result in legal action being taken against the responsible parties, further underscoring the importance of adhering to the regulations set out in the Act.