CUSTOMS REGULATIONS (AMENDMENT) 1986 NO. 77 CUSTOMS REGULATIONS (AMENDMENT) 1986 NO. 77 - TABLE OF PROVISIONS 1. Outwards duty free shops 2. 1986 No. 77 CUSTOMS REGULATIONS (AMENDMENT) - REG 1 Outwards duty free shops 1. Regulation 93 of the Customs Regulations is amended by inserting after the definition of "airport departure area" in sub-regulation (1) the following definition: " 'duty free shop' means an outwards duty free shop;". 1986 No. 77 CUSTOMS REGULATIONS (AMENDMENT) - REG 2 2. After regulation 93 of the Customs Regulations the following regulations are inserted: Declaration in respect of airport shop goods "94. (1). Each of the following classes of goods, being in each case a class of goods that includes local use goods, is declared to be a class of airport shop goods for the purposes of section 96B of the Act, namely: (a) alcoholic liquor; (b) tobacco products; (c) perfume. "(2) In sub-regulation (1), 'local use goods' has the same meaning as in section 270 of the Act. Inwards duty free shops "95. (1) In this regulation, unless the contrary intention appears- 'relevant flight', in relation to a person who is a relevant traveller, means the international flight in relation to which the person is a relevant traveller. "(2) Words and phrases that are used in this regulation and in section 96B of the Act have, in this regulation, unless the contrary intention appears, the same respective meanings as in that section. "(3) A Collector shall not give permission under sub-section 96B (3) of the Act otherwise than upon the making, in accordance with this regulation, of an application for such permission. "(4) An application for permission under sub-section 96B (3) of the Act- (a) shall be made in writing; (b) shall relate to a single inwards duty free shop; (c) shall specify- (i) the name of the proprietor of the inwards duty free shop; (ii) the name of the inwards duty free shop; and (iii) the location of the airport at which the duty free shop is situated; and (d) shall be lodged with a Collector for the State or Territory in which the inwards duty free shop is situated. "(5) The following circumstances are prescribed as circumstances in which permission may be given by a Collector under sub-section 96B (3) of the Act, namely: (a) that the applicant is the holder of a warehouse licence within the meaning of Part V of the Act authorising the sale of airport shop goods at an inwards duty free shop; and (b) that the applicant has been granted a lease or licence and an authority to trade under the Airports (Business Concessions) Act 1959 for the operation of an inwards duty free shop on land within the airport. "(6) Permission under sub-section 96B (3) of the Act shall have effect for such period, commencing on the day on which the permission is given, as the permission specifies. "(7) Permission under sub-section 96B (3) of the Act in relation to an inwards duty free shop is subject to the following conditions: (a) that goods shall not be sold in the shop to a person unless that person is a relevant traveller and produces to the proprietor a ticket or other document that is evidence that the person has arrived in Australia on an international flight; (b) that the proprietor, and servants and agents of the proprietor, shall not enter into an arrangement with a relevant traveller pursuant to which goods delivered to that relevant traveller under that permission are- (i) to be transferred to the proprietor, or any servant or agent of the proprietor, after the relevant traveller has cleared customs; or (ii) to remain with the proprietor or any servant or agent of the proprietor; (c) that the proprietor shall, with reasonable prominence and in numbers sufficient to give reasonable notice to relevant travellers of the matters so stated, display in the inwards duty free shop signs in a form authorised in writing by a Collector for the purposes of this provision that state clearly- (i) the amounts of alcoholic liquor, tobacco products and perfume that may be entered for home consumption by a relevant traveller free of duties of Customs and of duties of Excise; and (ii) the conditions (if any) with which, for the purposes of the Customs Acts, a relevant traveller is to comply in relation to the purchase of goods at the shop. "(8) The grounds on which a Collector may, under sub-section 96B (12) of the Act, revoke a permission given under sub-section 96B (3) of the Act are the following grounds: (a) that a condition to which the permission is subject, being a condition required to be complied with by the proprietor of the inwards duty free shop to which the permission relates or by his servants or agents, has not been so complied with; (b) that revocation of the permission is, for any other reason, necessary for the protection of the revenue or otherwise to ensure compliance with the Customs Acts; (c) that any of the following, namely, a lease, licence or authority to trade, granted under the Airports (Business Concessions) Act 1959 has expired or been cancelled. "(9) The revocation by a Collector, under sub-section 96B (12) of the Act, of a permission given under sub-section 96B (3) of the Act shall be effected by notice in writing, which shall include a statement of the reasons for the revocation, served on the person to whom the permission was given.". - NOTES 1986 No. 77*1* CUSTOMS REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 24 April 1986. *2*Statutory Rules 1926 No. 203 as amended by 1927 Nos. 17, 95 and 121; 1928 Nos. 47, 52, 74 and 95; 1929 Nos. 25, 56 and 127; 1930 Nos. 91, 138 and 140; 1931 Nos. 16, 42 and 90; 1932 No. 90; 1933 Nos. 21, 105, 106 and 129; 1934 Nos. 109 and 127; 1935 Nos. 1, 41, 69 and 113; 1936 Nos. 49 and 163; 1938 No. 111; 1939 No. 157; 1940 Nos. 203 and 256; 1946 Nos. 127 and 161; 1947 Nos. 29, 83, 94 and 152; 1948 No. 156; 1949 Nos. 34, 78, 95 and 111; 1950 No. 17; 1951 Nos. 34, 38, 71, 99, 106, 109 and 159; 1952 No. 96; 1953 No. 102; 1954 No. 21; 1955 Nos. 15, 32 and 66; 1956 Nos. 71, 83, 91 and 127; 1957 Nos. 57 and 76; 1958 No. 86; 1959 No. 106; 1960 Nos. 29 and 70; 1961 Nos. 60 and 144; 1962 Nos. 102 and 103; 1963 No. 149; 1964 No. 141; 1965 Nos. 86, 121 and 194; 1966 Nos. 15 and 173; 1967 Nos. 9 and 179; 1968 No. 68; 1969 Nos. 69, 77, 133, 152 and 186; 1970 Nos. 104, 113 and 170; 1971 Nos. 9, 59 and 170; 1972 No. 96; 1973 Nos. 155, 251, 257 and 268; 1974 Nos. 29 and 112; 1976 Nos. 261 and 262; 1977 Nos. 68, 137 and 188; 1978 Nos. 32, 147, 180 and 195; 1979 Nos. 181, 275 and 277; 1980 Nos. 109, 255, 372 and 377; 1981 Nos. 162, 265 and 382; 1982 Nos. 140, 255, 311, 335 and 404; 1983 Nos. 92, 93, 327, 328, 329 and 330; 1984 Nos. 13, 18, 137, 319 and 462; 1985 Nos. 12, 71, 76, 126, 306 and 308.