Territory of Christmas Island
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Customs Ordinance 1993
No. 7 of 1993
I, The ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.
Dated 2 September 1993.
P. BENNETT
Administrator
By His Excellency’s Command,
WARREN SNOWDON
Parliamentary Secretary to the
Minister for the Environment, Sport and Territories
for the
Minister for the Environment, Sport and Territories
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An Ordinance to apply in the Territory certain customs laws of Australia
Short title
1. This Ordinance may be cited as the Customs Ordinance 1993.1
[NOTE: This Ordinance commences on gazettal: see Christmas Island Act 1958, s. 9 (2).]
Repeal
2. The Customs Ordinance of the Colony of Singapore in its application to the Territory is repealed .
Definitions
3. In this Ordinance, unless the contrary intention appears:
“customs officer” means a person appointed under section 8 and includes the Comptroller;
“Comptroller” means the person appointed under section 7.
Application of Customs Act 1901
4. (1) Subject to this Ordinance:
(a) the Customs Act 1901 of the Commonwealth applies in the Territory as if that Act were a law of the Territory, except to the extent that it purports to deal with duties of customs; and
(b) regulations in force under that Act apply in the Territory as if they were regulations made under that law.
(2) For the purposes of this Ordinance:
(a) the Customs Act 1901 is modified in accordance with Schedule 1; and
(b) the Customs Regulations are modified in accordance with Schedule 2.
(3) The Customs Act 1901 in its application to the Territory may be cited as the Customs Act 1901 (C.I.).
(4) For the purposes of the Customs Act 1901 (C.I.), goods have the same classification as they would have if they were classified under a tariff classification under the Customs Tariff Act 1987 of the Commonwealth.
Interpretation of the Act and Regulations
5. In the Customs Act 1901 (C.I.) and regulations in force under that Act:
(a) a reference to the Minister is a reference to the Minister who administers this Ordinance; and
(b) a reference to Australia or the Commonwealth, if used in a geographical sense, is a reference to the Territory.
Indian Ocean Territories Customs Service
6. (1) The Indian Ocean Territories Customs Service is established in relation to the Territory.
(2) For the purposes of the Territory, the Indian Ocean Territories Customs Service comprises the Comptroller and customs officers.
Comptroller of the Indian Ocean Territories Customs Service
7. The Minister may appoint in writing a person to be the Comptroller of the Indian Ocean Territories Customs Service.
Customs officers
8. The Comptroller may appoint in writing a person to be a customs officer.
Regulations
9. The Minister may make regulations prescribing matters:
(a) required or permitted by this Ordinance to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.
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SCHEDULE 1 Paragraph 4 (2) (a)
MODIFICATION OF CUSTOMS ACT 1901
1. New section 2A
1.1 After section 2, insert:
Application of this Act
“2A. For the purposes of this Act:
(a) the importation of goods into the Territory from the Territory of Cocos (Keeling) Islands is taken not to be an importation to which this Act applies; and
(b) the exportation of goods from the Territory to the Territory of Cocos (Keeling) Islands is taken not to be an exportation to which this Act applies.”.
2. Section 4 (Interpretation)
2.1 Subsection 4 (1) (definition of “Comptroller”):
Omit the definition, substitute:
“ ‘Comptroller’ means Comptroller of the Indian Ocean Territories Customs Service;”.
2.2 Subsection 4 (1) (definition of “Customs”):
Omit the definition, substitute:
“ ‘Customs’ means Indian Ocean Territories Customs Service;”.
2.3 Subsection 4 (1) (definition of “Division 1B Judge”):
Omit the definition, substitute:
“ ‘Division 1B Judge’ means Judge of the Supreme Court of Western Australia;”.
SCHEDULE 1—continued
2.4 Subsection 4 (1) (definition of “Division 1B Magistrate”):
Omit the definition, substitute:
“ ‘Division 1B Magistrate’ means Magistrate of Western Australia;”.
2.5 Subsection 4 (1) (definition of “Officer of Customs”, paragraph (a)):
Omit the paragraph, substitute:
“(a) who is a customs officer; or”.
3. Section 4A (Approved forms and approved statements)
3.1 Subsections 4A (1) and (1A):
After “the Comptroller”, insert “of the Australian Customs Service”.
4. Section 8 (Collectors of Customs)
4.1 Subsection 8 (1):
Omit the subsection, substitute:
“(1) In this Act:
(a) a reference to a Collector, except the Collector of Customs for a State or Territory, is a reference to a customs officer; and
(b) a reference to a Collector of Customs for a State or Territory is a reference to the Comptroller.”.
5. Section 27 (State inspection laws)
5.1 Omit “State Act”, substitute “law of the Territory”.
SCHEDULE 1—continued
6. Section 180 (Interpretation)
6.1 Subsection 180 (1) (definition of “agents licence”):
Omit the definition, substitute:
“ ‘agents licence’ means licence to act as a customs agent under the Act in its application to Australia;”.
7. Divisions 3, 4 and 5 of Part XI:
7.1 Omit the Divisions.
8. Section 270
8.1 Omit the section.
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SCHEDULE 2 Paragraph 4 (2) (b)
MODIFICATION OF CUSTOMS REGULATIONS
1. Regulations 125, 125A and 125B:
1.1 Omit the regulations.
2. Regulations 156 to 166 (inclusive):
2.1 Omit the regulations.
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 9 September 1993.