CUSTOMS REGULATIONS (AMENDMENT) 1998 NO. 38 CUSTOMS REGULATIONS (AMENDMENT) 1998 NO. 38 - TABLE OF PROVISIONS 1. Amendment 2. Commencement 3. Regulations 70 to 73 CUSTOMS REGULATIONS (AMENDMENT) 1998 No. 38 - REG 1 1. Amendment 1.1 The Customs Regulations are amended as set out in these Regulations. CUSTOMS REGULATIONS (AMENDMENT) 1998 No. 38 - REG 2 2. Commencement 2.1 These Regulations commence on gazettal. CUSTOMS REGULATIONS (AMENDMENT) 1998 No. 38 - REG 3 3. Regulations 70 to 73 3.1 Omit the regulations, substitute: Manufacturing in bond (regulations 71 to 74G) "70. (1) Regulations 71 to 74G deal with giving approval to use goods in a manufacturing warehouse for the manufacture of other goods. "(2) In those regulations, using goods in a manufacturing warehouse to manufacture other goods is referred to as manufacturing in bond. "(3) In those regulations: affected person means: (a) an applicant for approval to manufacture in bond; or (b) a person who has received an approval. application means an application for approval to manufacture in bond. Department means the Department of Industry, Science and Tourism. DIST Secretary means the Secretary to the Department. Application for approval to manufacture in bond "71. (1) A person may apply to the DIST Secretary for approval to manufacture in bond. "(2) The application must be made using the form approved by the DIST Secretary. "(3) The applicant must give the DIST Secretary the information required by the form, including the applicantŐs business plan. "(4) The business plan must give an outline of the applicantŐs plans for manufacturing in bond and, in particular, plans for selling the goods manufactured. "(5) The application must also be signed in the way the form directs. "(6) The application must then be lodged at an office of the Department. "(7) The approved application form is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. Decisions about applications "72. (1) The DIST Secretary must consider an application. "(2) If the DIST Secretary has enough information to make a decision, the DIST Secretary may: (a) approve the application; or (b) refuse the application. "(3) If the DIST Secretary considers that the information given by the applicant with the application is insufficient for deciding the application, the DIST Secretary may request the applicant to give further information. Criteria for decisions "73. In making a decision about an application, the DIST Secretary must consider whether it is reasonable to approve the application, having regard to: (a) the applicantŐs business plan; and (b) the likely increase in the level of the applicantŐs sales overseas if the approval is given; and (c) whether an earlier approval given to the applicant has been revoked or made subject to additional conditions after being reassessed; and (d) any contracts for the sale overseas of the manufactured goods to which the applicant is a party; and (e) details of any market research conducted by the applicant about the goods the applicant proposes to manufacture in bond; and (f) any other information required by the application form. Approval subject to conditions "74. (1) The DIST Secretary may include in the approval conditions to which the approval is subject. "(2) The DIST Secretary may revoke an approval if the holder of the approval does not comply with a condition. Reassessment of decisions "74A. (1) The DIST Secretary may, at any time, reassess an approval. "(2) At least 28 days before reassessing an approval, the DIST Secretary must tell the holder of the approval, in writing, of the intention to reassess the approval. "(3) The DIST Secretary must also invite the holder to give the DIST Secretary any information that the holder considers relevant to the reassessment. "(4) In reassessing an approval, the DIST Secretary may: (a) revoke the approval; or (b) make the approval subject to conditions; or (c) change any conditions to which the approval is subject. "(5) The DIST Secretary must decide whether it is reasonable to act under subregulation (4) having regard to: (a) any information given by the holder; and (b) other information the DIST Secretary considers relevant to the reassessment. "(6) The DIST Secretary may still act under subregulation (4) if the holder of the approval does not respond to the invitation under subregulation (3). Telling affected person of decision on application or reassessment "74B. (1) The DIST Secretary must tell an affected person, in writing, of a decision: (a) about an application (including the conditions, if any, under subregulation 74 (1)); or (b) after a reassessment. "(2) The DIST Secretary must tell the affected person of the decision within 28 days after making the decision. "(3) When telling the affected person of the decision, the DIST Secretary must also tell the affected person that application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of an unfavourable decision. "(4) For subregulation (3), an unfavourable decision is: (a) refusing to give an approval to manufacture in bond; or (b) giving an approval subject to conditions; or (c) imposing additional conditions on an existing approval; or (d) revoking an approval. "(5) The DIST Secretary must also tell the affected person that, unless subsection 28 (4) of that Act applies, a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes the reasons for the decision. "(6) A contravention of subregulation (3) or (5) for a decision does not affect the validity of the decision. Review of decisions "74C. Application may be made to the Administrative Appeals Tribunal for review of an unfavourable decision mentioned in subregulation 74B (4). Telling Customs of decisions "74D. The DIST Secretary must tell Customs, in writing, of decisions made under regulations 72, 74 and 74A. Getting information from Customs "74E. (1) The DIST Secretary may request Customs, in writing, to give him or her information that may help in considering or reassessing an application. "(2) The CEO must comply with the request as soon as practicable. Authorisation to make decisions "74F. The DIST Secretary may, in writing, authorise a person holding or performing the duties of an office in the Department to make decisions under regulations 72, 74 and 74A, and to act under regulations 74B and 74E. Requirements for manufacturing in bond "74G. (1) This regulation applies if: (a) an approval to manufacture in bond is in force; and (b) the holder of the approval (the holder) is a holder of a warehouse licence under Part V of the Act. "(2) Australian and imported goods may be used in the manufacture. "(3) If an officer of Customs directs the holder to keep Australian and imported goods separate from each other until they are to be used, the holder must comply with the direction. "(4) If the CEO directs the holder to keep books and accounts, and give returns to an officer of Customs, the holder must comply with the direction. "(5) Goods manufactured are subject to the control of the Customs until delivery for home consumption or until exportation. "(6) This regulation applies in addition to any obligations to which the holder is subject as the holder of a warehouse licence.". CUSTOMS REGULATIONS (AMENDMENT) 1998 No. 38 - NOTE 1 *1* Notified in the Commonwealth of Australia Gazette on 20 March 1998. CUSTOMS REGULATIONS (AMENDMENT) 1998 No. 38 - NOTE 2 *2* Statutory Rules 1926 No. 203 as amended by 1927 Nos. 17, 95 and 121; 1928 Nos. 47, 57, 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 and Act No. 108, 1982; Statutory Rules 1983 Nos. 92, 93, 327, 328, 329 and 330 and Act No. 101, 1983; Statutory Rules 1984 Nos. 13, 18, 137, 319 and 462; 1985 Nos. 12, 71, 76, 126, 306 and 308; 1986 Nos. 77, 91, 94, 144, 174, 175, 176, 215, 248, 361, 363, 367 and 368; 1987 Nos. 72, 102, 103, 124, 140, 162, 244, 297 and 316; 1988 Nos. 111, 179, 207, 260 and 270; 1989 Nos. 100, 101, 159, 160, 161, 162, 163, 243, 260 and 409; 1990 Nos. 6, 8, 123, 147, 148, 189, 217, 220, 222, 248, 274 and 450; 1991 Nos. 30, 109, 129, 139, 140, 228, 290, 316 and 384; 1992 Nos. 72, 175, 277 (as amended by 1992 No. 326), 328, 343, 344, 447 and 464; 1993 Nos. 66, 158 and 339; 1994 Nos. 53, 82, 183, 311, 312, 351, 366, 367, 391 and 435; 1995 Nos. 99, 136, 244, 313, 321, 352, 423 and 424; 1996 Nos. 42, 43, 134, 326 and 327; 1997 Nos. 52, 70, 79, 89, 128, 131, 255, 284, 378, 379 and 422. - NOTES CUSTOMS REGULATIONS*2* (AMENDMENT) 1998 No. 38*1*