Federal Register of Legislation - Australian Government

Primary content

Declaration of Places No. 1 of 2005

Authoritative Version
No. 1 of 2005 Declarations/Other as made
Declaration of places at which an owner of goods may only use Customs broker or employee.
Administered by: Immigration and Border Protection
General Comments: The instrument commences 2 am AEST on 12 October 2005.
Registered 13 Sep 2005
Tabling HistoryDate
Tabled HR15-Sep-2005
Tabled Senate15-Sep-2005
Date of repeal 01 Oct 2015
Repealed by Sunsetting
Table of contents.

EXPLANATORY STATEMENT

CEO Declaration of Places No. 1 of 2005

Customs Act 1901

Background

Section 181 of the Customs Act 1901 (the Act) allows an agent to:

a)        do any act or thing in relation to the goods that is required or permitted to be done by the owner of the goods under the Customs Acts; or

b)        represent that he is able to do, or able to arrange to be done, any act or thing in relation to the goods that is required or permitted to be done by the owner under the Customs Acts.

However, subsection 181(2) of the Act provides that “[w]here the CEO, by notice published in the Gazette, declares that a place specified in the notice is a place to which this subsection applies, an owner of goods shall not authorize a person to be his agent for the purposes of the Customs Acts at that place unless that person is:

a)        a natural person who is an employee of the owner and is not an employee of any other person; or

b)        a customs broker at that place.”

On 23 March 1981, the former Minister of State for Business and Consumer Affairs (who previously had the power to declare places for the purposes of subsection 181(2)) declared the following places to be places to which subsection 181(2) applies:

Sydney

Newcastle

Port Kembla

Melbourne

Geelong

Brisbane

Cairns

Townsville

Perth

Fremantle

Adelaide

Port Adelaide

Hobart

Launceston

Darwin

 

Hence, if a person wants to act as an agent of an owner of goods at any of these places, the person must be an employee of the owner (and not an employee of another person) or a customs broker at the place.

There are currently around 450 brokerages (corporate customs brokers or individual brokers who act in their own right) and 1800 nominee brokers .

To recognise the changes in the Customs environment and the ease of communicating with Customs from remote locations via computer, the Chief Executive Officer of Customs (the CEO) has declared all places in Australia to be places to which subsection 181(2) applies.  This will mean that only brokers and employees will be able to satisfy an owners’ obligations under the Customs Acts in the whole of Australia.

Instrument

CEO Declaration of Places No. 1 of 2005 declares that all places in Australia are places to which subsection 181(2) applies and revokes the earlier instrument.

Consultation

No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before this instrument was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Commencement

CEO Declaration of Places No. 1 of 2005 commences at the same time as import cut-over time (as defined in section 4 of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004).  Import cut-over time is 2 am AEST on 12 October 2005; or a later time specified by the CEO by legislative instrument.