Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS AMENDMENT REGULATIONS 2000 (NO. 5) 2000 NO. 142

EXPLANATORY STATEMENT

STATUTORY RULES 2000 NO. 142

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs Amendment Regulations 2000 (No. 5)

Section 270 of the Customs Act 1901 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.

The purpose of the Regulations is to amend the Customs Regulations 1926 (the Regulations) to increase, from 1 July 2000, certain fees to take into account the goods and services tax (GST) that will be payable on those fees from that date.

Section 28 of the Act provides that regulations may prescribe the days on which, and the hours on those days between which, Customs officers are to be available to perform a specified function. If a person requests a Customs officer to be available to perform a function outside the hours prescribed for that function, the person must pay to Customs an overtime fee. Further, if a person requests a Customs officer to perform a function at a place that is not a place at which such a function is normally performed, the person must pay a location fee.

Subsection 28(3) of the Act provides that the overtime fee in relation to an officer is:

*       $40 per hour or part hour, or such other rate as is prescribed (no other rate has been prescribed); and

*       any prescribed travel expense.

Subsection 28(5) of the Act provides that the location fee in relation to an officer is:

*       $37 per hour or part hour, or such other rate is prescribed (no other rate has been prescribed); and

*       any prescribed travel expense.

Paragraph 20(b) of the Regulations provides that the rate of travel expense for travel by motor vehicle other than taxi is 53.5 cents for each kilometre.

The Regulations increase the overtime fee to $43.35, the location fee to $40.10 and the rate of travel expense for travel by motor vehicle other than taxi to 58 cents for each kilometre.

The Regulations commence on 1 July 2000.


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