EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 368
CUSTOMS REGULATIONS (AMENDMENT)
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
Statutory Rules No. 126 of 1985 amended Customs 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 those decisions could be made to the Administrative Appeals Tribunal.
The Senate Standing Committee on Regulations and Ordinances, in its review of the Regulation, expressed concern that no obligation was placed on the Comptroller in the first instance to notify a person of the Comptroller’s appealable decision, which had the effect of rendering the statement which was to accompany that notice illusory.
The amendments remedy this defect and at the same time, restrict review to only those decisions which have the effect of a refusal, consistent with the regime corresponding to the similar provisions in the Excise Regulations.
The regulations provide in particular:
Regulation 1. which amends Regulation 138A to restrict the review by the Administrative Appeals Tribunal of the 4 classes of decisions covered by that Regulation to decisions which amount to a refusal by the Comptroller
(i) to approve goods being brought into Australia, pursuant to Regulation 125A, or
(ii) to give consent pursuant to Regulation 125B, or
(iii) to approve payment of drawback pursuant to Regulations 133 or 134.
Regulation 2, which amends Regulation 138B, to impose an obligation on the Comptroller to notify persons of the decisions covered by Regulation 138A above, within 30 days of the date of the decision, and to include in the notice of the decision, a statement that an application for review of the decision can be made to the Administrative Appeals Tribunal.