Customs Act 1901

PART XVI - REGULATIONS AND BY-LAWS  

SECTION 270   REGULATIONS  

270(1)    

The Governor-General may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to this Act, and in particular for prescribing -

(a) the nature, size, and material of the packages in which imported goods or goods for export, or goods for conveyance coastwise from any State to any other State, are to be packed, or the coverings in which they are to be wrapped;

(b) the maximum or minimum weight or quantity of imported goods, or goods for export, or goods for conveyance coastwise from any State to any other State which may be contained in any one package;

(c) (Omitted by No 48 of 1982.)

(d) the conditions as to purity, soundness, and freedom from disease to be conformed to by goods for export; and

(e) the conditions of carriage of goods subject to customs control, and the obligations of persons accepting such goods for carriage.

270(1A)    
The regulations may make provision for and in relation to the following:

(a) the charging and recovery of fees in respect of any matter under this Act or the regulations;

(b) the way, including the currency, in which fees are to be paid;

(c) the persons who may be paid fees on behalf of the Commonwealth;

(d) the remission, refund or waiver of fees of a kind referred to in paragraph (a) or the exempting of persons from the payment of such fees.

270(2)    
The regulations may prescribe penalties not exceeding $1,000 in respect of any contravention of any of the regulations.

270(3)    
The power to make regulations for the purposes of the definition of " airport shop goods " in subsection 4(1) extends to making regulations that -

(a) declare local use goods to be airport shop goods for the purposes of section 96B ; or

(b) declare a class of local use goods, or a class of goods that includes local use goods, to be a class of airport shop goods for the purposes of that section.

270(3A)    
Where, in any regulations made for the purposes of this Act, reference is made to the document known as the Australian Harmonized Export Commodity Classification published by the Australian Bureau of Statistics, that reference shall, unless the contrary intention appears in those regulations, be read as a reference to that document as so published and as in force from time to time.

270(4)    
The power to make regulations for the purposes of paragraph 96B(3)(b) or (c) extends to making regulations that prescribe quantities in relation to airport shop goods that are local use goods.

270(5)    
In subsections (3) and (4), " local use goods " means goods -

(a) that have not been, and are not proposed to be, imported into Australia; and

(b) that have not been, and are not proposed to be, exported from Australia.

270(6)    

Regulations for the purposes of Subdivision B of Division 1 of Part XII must not prescribe an Act unless the Act deals with a subject matter in relation to which UNCLOS gives Australia jurisdiction.