Customs and Excise Legislation Amendment Act (No. 1) 1998

No. 8, 1998

Customs and Excise Legislation Amendment Act (No. 1) 1998

No. 8, 1998

An Act to amend legislation relating to Customs and Excise and the Australian Postal Corporation Act 1989

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Miscellaneous amendments of customs and excise legislation 3

Customs Act 1901 3

Customs Amendment Act (No. 1) 1997 4

Excise Act 1901 4

Schedule 2—Amendment of the Australian Postal Corporation Act 1989 affecting the exercise of Customs’ powers 5

Customs and Excise Legislation Amendment Act (No. 1) 1998

No. 8, 1998

An Act to amend legislation relating to Customs and Excise and the Australian Postal Corporation Act 1989

[Assented to 31 March 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs and Excise Legislation Amendment Act (No. 1) 1998.

2  Commencement

 (1) Subject to subsections (2) to (5), this Act commences on the day on which it receives the Royal Assent.

 (2) Items 3 and 4 of Schedule 1 are taken to have commenced on 1 August 1997, immediately after the commencement of item 11 of Schedule 1 to the Customs and Excise Legislation Amendment Act (No. 1) 1997.

 (3) Items 5 and 6 of Schedule 1 are taken to have commenced on 1 July 1995.

 (4) Item 10 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 10 of Schedule 2 to the Customs and Excise Legislation Amendment Act (No. 1) 1997.

 (5) Item 11 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 15 of Schedule 2 to the Customs and Excise Legislation Amendment Act (No. 1) 1997.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Miscellaneous amendments of customs and excise legislation

Customs Act 1901

1  Section 4 (definition of Australia)

Repeal the definition, substitute:

Australia does not include the external Territories.

2  Section 6

Repeal the section, substitute:

6  Act does not extend to external Territories

 (1) Subject to subsection (2), this Act does not extend to the external Territories.

 (2) Regulations may be made to extend the whole or a part of this Act (with or without modifications) to the Territory of Ashmore and Cartier Islands.

3  Subsection 164(7) (note to paragraph (b) of the definition of mining operations)

Repeal the note, substitute:

Note: The meaning of paragraph (b) is affected by subsections (7A), (7B) and (7C).

4  Paragraph 164(9)(b)

Omit “(7B), (7C) and (8)”, substitute “(7B) and (7C)”.

5  Subsection 209(3A)

Omit “in lieu of seizing the goods under that section”, substitute “instead of seizing the goods under a seizure warrant”.

6  Subsection 229A(8)

Omit “under section 203” (wherever occurring), substitute “under a seizure warrant”.

Customs Amendment Act (No. 1) 1997

7  Subsection 2(2)

Omit “subsections (3) and (4)”, substitute “subsection (3)”.

8  Subsection 2(4)

Repeal the subsection.

9  Item 12 of Schedule 1

Repeal the item.

Excise Act 1901

10  Subsection 78AB(4)

Omit “paragraph (5)(a)”, substitute “subsection (5)”.

11  Subdivision C of Division 1 of Part IX (heading)

Repeal the heading.

Schedule 2—Amendment of the Australian Postal Corporation Act 1989 affecting the exercise of Customs’ powers

1  Before subsection 90S(1)

Insert:

 (1A) In this section:

Australia does not include the external Territories.

[Minister's second reading speech made in—

House of Representatives on 3 December 1997

Senate on 12 March 1998]