Customs Regulations (Amendment)

Overview

The Statutory Rules 1928, No. 95, enacted under the Customs Act 1901-1925, address the need to amend existing customs regulations to better suit the changing economic and trade environment of the time. This legislative instrument, brought into force by the Deputy of the Governor-General with the advice of the Federal Executive Council, seeks to provide clearer and more structured guidelines on licensing fees for carriages and lighters, as well as the security requirements for customs agents and sub-agents. The policy objective of these amendments is to ensure that customs regulations remain effective and relevant in managing the complexities of trade and commerce, while also maintaining a secure and compliant environment for the administration of customs duties.

Scope and Application

The Regulations under the Customs Act 1901-1925 apply to individuals and entities involved in the licensing of carriages and lighters for customs purposes within Australia. Specifically, the regulations govern the fees and security requirements for obtaining licenses for the operation of more than ten carriages or lighters, with different fees for the initial ten and any additional units. The geographical scope of these regulations is national, as they apply across all states and territories of Australia. The regulations also include provisions for the maximum amount of security that can be required from a single licensee, which is set at £2,000. These regulations do not specify exclusions or exemptions, and their application is limited to the particular amendments made to the Customs Regulations concerning the fees and security for licensing carriages and lighters. The application of these regulations may be further extended or refined through additional subordinate instruments issued under the authority of the Customs Act.

Key Provisions

The primary operative sections of these Regulations under the Customs Act 1901-1925 (hereafter referred to as the "Act") involve amendments to the licensing fees for carriages and lighters, as well as the security requirements for Customs Agents and Sub-Agents. Regulation 9 modifies the fees for carriage and lighter licenses, introducing a tiered fee structure based on the number of carriages or lighters a licensee seeks to operate (Reg. 9(b), (c), and (d)). The fee for each of the first ten carriages or lighters is set at £50 or £100, respectively, with an additional fee of £25 or £50 for each additional carriage or lighter beyond the initial ten. These fees are capped at a maximum of £2,000 for any one licensee, ensuring that the security provided is commensurate with the number of carriages or lighters operated (Reg. 9(b) and (d), "Provided" clause). The Regulations also impose specific obligations and requirements on parties seeking to obtain a Customs Agent or Sub-Agent licence. Before a licence is granted, the applicant must furnish security to the satisfaction of the Collector, as per Form 84 or 85 (Reg. 165(a), (b), and (c)). The amount of security required for a Customs Agent is £2,000. If a Sub-Agent is also seeking a licence, an additional £1,000 must be provided if the security is also covering the Head Agent of the Sub-Agent. Alternatively, separate security of £2,000 can be provided for each Sub-Agent and the Head Agent. This ensures that all parties involved in the licensing process are adequately secured to meet their obligations under the Act. Failure to comply with these Regulations may result in civil or criminal consequences, though specific penalties are not detailed within the text provided. However, under the Customs Act 1901-1925, penalties for breaches can include fines and imprisonment, depending on the nature and severity of the offence. For example, knowingly making a false statement in any document required under the Act can result in fines up to 100 penalty units or imprisonment for up to two years, or both. Given the stringent nature of customs regulations, any breach of these requirements can have significant legal repercussions for the parties involved.