CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10, 1986
CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - LONG TITLE
An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Customs Administration Act 1985, and for related purposes CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - SECT 1 Short title
(Assented to 13 May 1986) 1. This Act may be cited as the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986. (Minister's second reading speech made in- Senate on 12 February 1986 House of Representatives on 30 April 1986) CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - SECT 2 Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent. (2) The amendments made by this Act to sub-section 10 (5) of the Bounty (Electric Motors) Act 1984, paragraph 7 (4) (a) of the Bounty (High Alloy Steel Products) Act 1983, paragraph 7 (4) (a) of the Bounty (Injection-moulding Equipment) Act 1979, sub-section 6 (5) of the Bounty (Two-Stroke Engines) Act 1984 and sub-sections 267 (2) and (3) of the Customs Act 1901 shall be deemed to have come into operation immediately after the commencement of the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985.
CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - SECT 3 Amendments
3. The Acts specified in the Schedule are amended as set out in the Schedule.
CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - SECT 4 Transitional
4. (1) Where- (a) a Minister, or a delegate of a Minister, made an appointment, gave an authorisation or direction, granted a permission, approval or exemption, made a determination, declaration, order, requirement or by-law, gave or published a notice or signed or issued any other instrument before the commencement of this section under a power conferred on that Minister by a provision of an Act; (b) that provision is amended by this Act with effect from that commencement so as to confer that power on the Comptroller-General of Customs; and (c) that appointment, authorisation, direction, permission, approval, exemption, determination, declaration, order, requirement, by-law, notice or other instrument was in force immediately before that commencement, the appointment, authorisation, direction, permission, approval, exemption, determination, declaration, order, requirement, by-law, notice or other instrument continues in force after that commencement as if it had been duly made, given, granted, published, signed or issued, as the case may be, by the Comptroller-General of Customs under that provision as so amended. (2) Where- (a) a Minister, or a delegate of a Minister, did, or refused to do, before the commencement of this section any act or thing not mentioned in sub-section (1) under a power conferred on that Minister by a provision of an Act; and (b) that provision is amended by this Act with effect from that commencement so as to confer that power on the Comptroller-General of Customs, the Act in which that provision was included, as that Act has effect as amended by this Act, applies as if the Comptroller-General had duly done, or refused to do, as the case may be, that act or thing. (3) Where the Comptroller-General of Customs, or a delegate of the Comptroller-General of Customs, published a notice in the Gazette before the commencement of this section under the power conferred on the Comptroller-General of Customs by sub-section 25 (1) of the Customs Tariff Act 1982, the notice continues in force after that commencement as if it had been duly published by the Minister for Industry, Technology and Commerce under sub-section 25 (1) of the Customs Tariff Act 1982 as amended by this Act and may be revoked by that Minister in accordance with sub-section 25 (3) of that Act as so amended.
(4) Where a notice that was published in the Gazette by a Minister, or a delegate of a Minister, before the commencement of the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 under the power conferred on that Minister by sub-section 25 (1) of the Customs Tariff Act 1982- (a) has, by virtue of section 4 of the Customs Administration (Transitional
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Provisions and Consequential Amendments) Act 1985, continued in force after that commencement as if it had been published by the Comptroller-General of Customs under sub-section 25 (1) of the Customs Tariff Act 1982 as amended by the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985; and (b) was in force immediately before the commencement of this section, the notice has, after the commencement of this section, the effect that it would have if sub-section 25 (1) of the Customs Tariff Act 1982 had not been amended by the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 and section 4 of that last-mentioned Act had not been enacted. ---------------- CUSTOMS ADMINISTRATION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 10 of 1986 - SCHEDULE
SCHEDULE Section 3 AMENDMENTS OF ACTS Bounty (Bed Sheeting) Act 1977 Sub-section 16 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Berry Fruits) Act 1982 Sub-section 18 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Books) Act 1969 Sub-section 3 (1) (definition of "recognized educational institution")- Omit from paragraph (c) "Minister", substitute "Comptroller-General".Sub-sections 3A (2) and (3)- Omit "Minister", substitute "Comptroller-General".Sub-sections 4 (2), (2A), (3) and (4)- Omit "Minister" (wherever occurring), substitute "Comptroller-General".Sub-sections 4AA (2), (3) and (4)- Omit "Minister" (wherever occurring), substitute "Comptroller-General".Paragraph 8 (4) (b)- Omit "Minister", substitute "Comptroller-General".Sub-section 8 (5)- Omit "Minister", substitute "Comptroller-General".Sub-section 14 (4)- Omit "Minister", substitute "Comptroller-General".Section 20A- Omit "Minister" (wherever occurring), substitute "Comptroller-General". Bounty (Computers) Act 1984 Sub-section 25 (6)- Omit "Minister", substitute "Comptroller-General". Bounty (Electric Motors) Act 1984 Sub-section 10 (5)- Omit "Minister", substitute "Comptroller-General".Sub-section 27 (6)- Omit "Minister", substitute "Comptroller-General". Bounty (High Alloy Steel Products) Act 1983 Paragraph 7 (4) (a)- Omit "Minister", substitute "Comptroller-General".Sub-section 18 (6)- Omit "Minister", substitute "Comptroller-General". Bounty (Injection-moulding Equipment) Act 1979 Paragraph 7 (4) (a)- Omit "Minister", substitute "Comptroller-General".Sub-section 17 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Paper) Act 1979 Sub-section 17 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Penicillin) Act 1980 Sub-section 19 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Printed Fabrics) Act 1981 Sub-section 16 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Ships) Act 1980 Section 11- Omit "Minister" (wherever occurring), substitute "Comptroller-General".Section 12- Omit "Minister" (wherever occurring), substitute "Comptroller-General".Section 13- Omit "Minister", substitute "Comptroller-General".Sub-section 15 (4)- Omit "Minister", substitute "Comptroller-General".Paragraph 20 (1) (r)- Omit "Minister", substitute "Comptroller-General". Bounty (Steel Mill Products) Act 1983
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Sub-section 19 (6)- Omit "Minister", substitute "Comptroller-General". Bounty (Textile Yarns) Act 1981 Sub-section 16 (4)- Omit "Minister", substitute "Comptroller-General". Bounty (Two-Stroke Engines) Act 1984 Sub-section 6 (5)- Omit "Minister", substitute "Comptroller-General".Sub-section 16 (6)- Omit "Minister", substitute "Comptroller-General". Coal Excise Act 1949 Sub-section 15 (2)- Omit "Minister", substitute "Comptroller".Section 17- Omit "Minister", substitute "Comptroller".Paragraph 27A (c)- Omit "Minister", substitute "Comptroller". Commerce (Trade Descriptions) Act 1905 Sub-section 7 (2)- Omit "Minister", substitute "Comptroller-General".Sub-section 7 (3)- Omit ", or on appeal from him the Minister,".Section 10- Omit ", or on appeal from him the Minister,".Sub-sections 15 (1) and (2)- Omit the sub-sections, substitute the following sub-sections: "(1) Applications may be made to the Administrative Appeals Tribunal for review of- (a) decisions of the Comptroller-General of Customs under sub-section 7 (3) or section 10; or (b) decisions of the Comptroller-General of Customs under sub-section 11 (3) or section 13, other than a decision in respect of which an appeal has been made to the Minister under that sub-section or section, as the case may be. "(2) A person is not entitled to appeal to the Minister against a decision of the Comptroller-General of Customs under sub-section 11 (3) or section 13 if an application has been made under sub-section (1) of this section for a review of that decision.". Customs Act 1901 Sub-sections 13 (1), (3) and (4)- Omit "Minister", substitute "Comptroller".Sub-section 15 (1)- Omit "Minister", substitute "Comptroller".Section 19- Omit "Minister", substitute "Comptroller".Sub-section 30A (4)- Omit "Minister" (wherever occurring), substitute "Comptroller".Sub-section 30A (5)- Omit "Minister", substitute "Comptroller".Paragraphs 83 (2) (e) and (g)- Omit "Minister", substitute "Comptroller".Paragraph 86 (7) (f)- Omit "Minister", substitute "Comptroller".Paragraphs 108 (2) (e) and (g)- Omit "Minister", substitute "Comptroller".Paragraphs 111 (9) (e) and (g)- Omit "Minister", substitute "Comptroller".Sub-sections 119 (2) and (3)- Omit "Minister" (wherever occurring), substitute "Comptroller".Sub-section 128B (1)- Omit "Minister", substitute "Comptroller".Sub-sections 132B (1), (2), (3), (4) and (5)- Omit "Minister" (wherever occurring), substitute "Comptroller".Sub-sections 132C (1), (2) and (5)- Omit "Minister", substitute "Comptroller".Section 132D- Omit "Minister", substitute "Comptroller".Paragraph 151 (2) (e)- Omit "Minister", substitute "Comptroller".Paragraph 151 (3) (c)- Omit "Minister", substitute "Comptroller".Paragraph 151 (4) (c)- Omit "Minister", substitute "Comptroller".Paragraph 151 (5) (b)- Omit "Minister", substitute "Comptroller".
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Sub-sections 151 (10), (11), (12) and (13)- Omit "Minister", substitute "Comptroller".Sub-sections 161B (2) and (4)- Omit "Minister", substitute "Comptroller".Sub-section 164A (3)- Omit "Minister", substitute "Comptroller".Section 164B- Omit "Minister", substitute "Comptroller".Sub-section 181 (2)- Omit "Minister", substitute "Comptroller".Sub-section 183CC (5)- Omit "Minister", substitute "Comptroller".Sub-section 183CJ (1)- Omit "Minister", substitute "Comptroller".Paragraphs 183CQ (4) (b) and (c)- Omit "Minister" (wherever occurring), substitute "Comptroller".Sub-sections 183CQ (5) and (7)- Omit "Minister", substitute "Comptroller".