Customs Amendment Regulations 2005 (No. 5)1 Select Legislative Instrument 2005 No. 186
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901. Dated 18 August 2005 P. M. JEFFERY Governor-General By His Excellency’s Command CHRISTOPHER MARTIN ELLISON Minister for Justice and Customs
1              Name of Regulations                 These Regulations are the Customs Amendment Regulations 2005 (No. 5). 2              Commencement                 These Regulations commence on the day after they are registered. 3              Amendment of Customs Regulations 1926                 Schedule 1 amends the Customs Regulations 1926. 4              Transitional          (1)   In this regulation: continued provision of the unamended Customs Act means a provision of the unamended Customs Act that, under a provision of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004, continues to apply after the ITM import commencement date. import cut-over time means the time specified under section 5 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. ITM import amendments has the same meaning as in section 4 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. ITM import commencement date has the same meaning as in section 4 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. supportable provision means a provision of either of the following kinds:                  (a)     a continued provision of the unamended Customs Act;                 (b)     a provision of the Customs Act 1901 that was in force on the ITM commencement date but that was not affected by the ITM import amendments. supporting provision means a provision of the unamended Customs Regulations, the continued application of which is necessary or convenient for giving effect to a supportable provision. turn-off time has the same meaning as in section 4 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. unamended Customs Act has the same meaning as in section 4 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004. unamended Customs Regulations means the Customs Regulations 1926 as in force without the amendments made by Schedule 1.          (2)   Despite the amendments made by Schedule 1:                  (a)     a supporting provision continues to apply, as if the amendments had not been made, after the ITM import commencement date, to the extent that the continued application of the supporting provision is necessary or convenient for giving effect to a supportable provision; and                 (b)     the supporting provision continues to apply whether or not it was made under that supportable provision. Note   For the application of provisions of the unamended Customs Regulations in circumstances that are not covered by this regulation, see section 15 of the Legislative Instruments Act 2003.          (3)   However:                  (a)     subregulation 128 (1A) and regulations 128AAB and 128AAC of the unamended Customs Regulations continue to apply only until turn-off time; and                 (b)     the amendments made by items [7] and [8] of Schedule 1 apply only in relation to a ship due to arrive at its first port in Australia at or after the import cut-over time.
Schedule 1        Amendments (regulation 3)    [1]           Subregulation 19 (1), table, item 1 substitute
1
Receiving electronic communications required or permitted to be made under Division 3 or 4 of Part IV of the Act
Every day
All hours
[2]           Subregulation 19 (1), table, items 3, 5 and 6 omit [3]           Subregulation 19 (2), definition of national public holiday omit [4]           Subregulation 25 (1AA) omit subsection 71D (6) insert subsection 71DA (6) or 71DL (6) [5]           Subregulation 25 (1A) substitute       (1A)   If, under subsection 71DA (6) or 71DL (6) of the Act, an officer has required the owner of goods to verify particulars shown in the import declaration or warehouse declaration that relates to the goods, a Collector may, before delivering the goods or giving an authority under section 71C or 71DJ of the Act to deal with the goods, take security from the owner in the manner set out in subregulations (1B) and (1C). [6]           Regulations 26 to 30 substitute 26            Impending arrival reports: prescribed period                 For subparagraph 64 (5) (b) (i) of the Act, the prescribed period is 96 hours. 27            Impending arrival reports: specified period for certain kinds of journeys                 For subparagraph 64 (5) (b) (ii) of the Act, the period mentioned in an item in the following table is specified for a journey of the kind mentioned in the item:
Item
Likely duration of journey
Specified period
1
72 hours or more but less than 96 hours
72 hours
2
48 hours or more but less than 72 hours
48 hours
3
24 hours or more but less than 48 hours
24 hours
4
Less than 24 hours
12 hours
28            Cargo reports: prescribed period                 For subparagraph 64AB (8) (a) (i) of the Act, the prescribed period is 48 hours. 29            Cargo reports: specified period for certain kinds of journeys                 For subparagraph 64AB (8) (a) (ii) of the Act, the following periods are specified:                 (a)    for a journey that is likely to take 24 hours or more but less than 48 hours — 24 hours;                (b)    for a journey that is likely to take less than 24 hours — 12 hours. [7]           Regulation 30A omit 48 insert 96 [8]           Regulation 30B substitute 30B         Passenger reports: specified period for certain kinds of journeys                 For paragraph 64ACA (5) (b) of the Act, the period mentioned in an item in the following table is specified for a journey of the kind mentioned in the item:
Item
Likely duration of journey
Specified period
1
72 hours or more but less than 96 hours
72 hours
2
48 hours or more but less than 72 hours
48 hours
3
24 hours or more but less than 48 hours
24 hours
4
Less than 24 hours
12 hours
[9]           Subregulation 31 (1) substitute          (1)   For subsection 64ACE (1) of the Act, the following manners of communication are prescribed:                 (a)    for a documentary report of impending arrival under section 64 of the Act — delivery of the report by hand, post or fax;                (b)    for a documentary report of the arrival of a ship or aircraft under section 64AA of the Act — delivery of the report by hand or fax;                 (c)    for a documentary report of stores and prohibited goods under section 64AAA of the Act — delivery of the report by hand or fax;                (d)    for a documentary report of cargo under section 64AB of the Act — delivery of the report by hand;                 (e)    for a documentary report of passengers under section 64ACA of the Act — delivery of the report by hand, post or fax;                 (f)    for a documentary report of crew under section 64ACB of the Act — delivery of the report by hand, post or fax. [10]         After regulation 31AA insert 31AB      Goods exempt from import entry                 For paragraph 68 (1) (i) of the Act, goods are exempt from section 68 of the Act if the goods:                 (a)    would, but for subsection 68 (4) of the Act, be accompanied personal or household effects of a passenger, or a member of a crew, of a ship or aircraft; and                (b)    have a value not exceeding $250 or such other amount as is prescribed for subparagraph 68 (1) (f) (iii) of the Act. [11]         Regulation 41, heading substitute 41            Information in relation to goods not requiring import entry or self-assessed clearance declaration [12]         Regulation 41 omit section 71 insert subsection 71AAAB (1) [13]         Regulation 42 substitute 41A         Methods of communication of authority to deal with goods                 For subsection 71AAAB (3) of the Act, the methods of communication for a decision under paragraph 71AAAB(2) (a) are:                 (a)    for goods that are accompanied personal or household effects of a passenger, or a member of a crew, of a ship or aircraft — oral communication to the passenger or crew member;                (b)    for goods that are included in a consignment consigned by the Post Office of a foreign country to the Post Office of Australia — the release of the goods by a Collector for delivery to the addressee. 41B         Goods excluded from being specified low value goods                 For subsection 71AAAE (1) of the Act, the following goods are excluded from being specified low value goods:                 (a)    goods reasonably required for disaster relief or for urgent medical purposes;                (b)    engines or spare parts that are unavailable in Australia and are urgently required for ships or aircraft, or for other machinery that serves a public purpose;                 (c)    perishable food;                (d)    goods included in a consignment consigned by the Post Office of a foreign country to the Post Office of Australia;                 (e)    goods that, but for subsection 68 (4) of the Act, would be accompanied personal or household effects of a passenger, or a member of a crew, of a ship or aircraft;                 (f)    goods that:                           (i)    are exempt, under the Diplomatic Privileges and Immunities Act 1967, from customs duties, taxes and related charges or indirect tax that would be payable on the importation of the goods; and                          (ii)    have a value not exceeding $250 or such other amount as is prescribed for subparagraph 68 (1) (f) (iii) of the Act. Note   Because of this regulation, the goods mentioned are Subdivision AA goods within the meaning of subsection 71AAAA of the Act. 41C         Information to be included in authority to deal with specified low value goods                 For paragraph 71AAAJ (1) (c) of the Act, an authority to deal with specified low value goods must set out the identifying number given by Customs to the self-assessed clearance declaration relating to the goods. 42            Information to be included in authority to deal with goods                 For paragraphs 71C (8) (c), 71DE (5) (c) and 71DJ (6) (c) of the Act, an authority to deal with goods must set out the identifying number given by Customs to the import declaration, RCR or warehouse declaration relating to the goods. [14]         Regulation 43A omit [15]         Regulations 45, 46 and 47 substitute 45            Due date for prescribed declarations                 For paragraph 71DF (b) of the Act, the seventh day of the month is prescribed. [16]         Regulation 107AA omit [17]         Regulation 108 substitute 108         Manner of acceptance by Collector of estimated value of goods                 For subsection 161K (2) of the Act, a Collector signifies acceptance of an estimate of the value of the goods by:                 (a)    giving an authority to deal with the goods under section 71 of the Act; or                (b)    giving an authority of the kind mentioned in subsection 71C (4) or 71DJ (4) of the Act. [18]         Regulation 126A, heading substitute 126A       Remission of duty if import entry or self-assessed clearance declaration taken to be withdrawn [19]         Paragraph 126A (1) (b) substitute                (b)    either:                           (i)    the import entry relating to the goods is taken to be withdrawn under subsection 71F (2) of the Act because the person has changed the information in the entry; or                          (ii)    the self-assessed clearance declaration relating to the goods is taken to be withdrawn under subsection 71AAAP (3) of the Act because the person has changed the information in the declaration. [20]         Subregulation 126A (2) omit amended entry insert changed entry or declaration [21]         Paragraphs 128 (1A) (c), (d) and (e) substitute                 (c)    be transmitted, and signed, in a manner that meets the information technology requirements determined under section 126DA of the Act that apply to import declarations, or self-assessed clearance declarations, about goods of the kind to which the application relates. [22]         Subregulation 128 (2) substitute          (2)   The goods for which an application is made must be goods covered by the same import declaration or self-assessed clearance declaration. [23]         Subregulation 128AAA (5) substitute          (5)   A computer requirement to deliver documents or information relating to an application must:                 (a)    be transmitted electronically to the person who made the application; and                (b)    include information required by an approved statement. [24]         Regulation 128AAB substitute 128AAB Communication of application to Customs                 For subsection 163 (1AB) of the Act, an application for a refund, rebate or remission of duty is taken to have been communicated to Customs when an electronic message is transmitted by Customs to the person who made the application stating that:                 (a)    the application has been accepted and the refund, rebate or remission has been approved; or                (b)    the application has been received but further information is required. [25]         Regulation 128AAC omit [26]         Subregulation 128A (6) substitute          (6)   If an application for refund of duty must be made within a time (the application time) that ends while a notice under section 126E of the Act that an information system has become temporarily inoperative is in force, the application time is taken to be extended until the end of the day after the CEO gives notice that the information system has again become operative. [27]         Paragraph 128AA (1) (a) substitute                 (a)    the goods on which duty has been paid are Subdivision AA goods within the meaning of subsection 71AAAA of the Act and, in consequence, were not the subject of a self-assessed clearance declaration, an import declaration or an RCR; and [28]         Form 45AA omit (Subsection 71D (6) insert (Subsections 71DA (6) or 71DL (6) [29]         Form 45AA omit subsection 71D (6) insert *subsection 71DA (6)/subsection 71DL (6) [30]         Form 45AA omit section 71B insert *section 71C/section 71DJ [31]         Form 45A, heading substitute Form 45A   Memorandum of cash deposit under section 42 of the Customs Act 1901 pending production of documents or information under subsection 71DA (6) or 71DL (6) of the Act (subregulation 25 (1C)) [32]         Form 45A omit MEMORANDUM OF CASH DEPOSIT UNDER SECTION 42 OF THE CUSTOMS ACT 1901 PENDING PRODUCTION OF EVIDENCE UNDER SUBSECTION 71D (6) OF THE ACT insert MEMORANDUM OF CASH DEPOSIT UNDER SECTION 42 OF THE CUSTOMS ACT 1901 PENDING PRODUCTION OF DOCUMENTS OR INFORMATION UNDER SUBSECTION 71DA (6) or 71DL (6) OF THE ACT
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.