Schedule 1 Amendments

(section 3)

[1] Sections 2 and 3

substitute

In this Ordinance, unless the contrary intention appears:

applied customs law means a law of the Commonwealth in its application to the Territory in accordance with this Ordinance.

Comptroller means the person appointed under section 6.

Customs Minister means the Minister who administers the Customs Act 1901.

customs officer means:

(a) the Comptroller; and

(b) a person appointed under section 7.

3 Application of Commonwealth Customs legislation

(1) Subject to this Ordinance, the following laws of the Commonwealth apply in the Territory as if they were laws of the Territory, except to the extent that they deal with duties of customs:

(a) the Customs Act 1901;

(b) regulations in force under that Act;

(d) regulations in force under that Act.

(2) For the purposes of this Ordinance:

(a) the Customs Act 1901 in its application to the Territory:

(i) is modified in accordance with Schedule 1; and

(ii) may be cited as the Customs Act 1901 (C.K.I.); and

(b) the Customs Regulations 1926 in their application to the Territory:

(i) are modified in accordance with Schedule 2; and

(ii) may be cited as the Customs Regulations 1926 (C.K.I.); and

(i) is modified in accordance with Schedule 3; and

(ii) may be cited as the Customs Administration Act 1985 (C.K.I.).

(3) For the purposes of the applied customs laws, goods have the same classification as they would have if they were classified under a tariff classification under the Customs Tariff Act 1995.

[2] Paragraph 4 (a)

omit

the Minister who administers this Ordinance;

insert

the Customs Minister;

[3] Section 6

omit

Minister

insert

Customs Minister

[4] Schedule 1, subitem 2.5

after

a customs officer

insert

within the meaning of the Customs Ordinance 1993

[5] Schedule 1, subitem 6.1

substitute

6.1 Subsection 180 (1) (definition of agents licence):

Omit the definition, substitute:

broker’s licence means a licence to act as a customs broker under the Customs Act 1901.

[6] Schedule 2, item 1

before

125

insert

124A,

[7] Schedule 2, item 2

omit

166 (inclusive)

insert

162B

[8] After Schedule 2

insert

Schedule 3 Modification of Customs Administration Act 1985

(paragraph 3 (2) (c))

1 Section 3

substitute

3 Interpretation

In this Act:

CEO means the Comptroller of the Indian Ocean Territories Customs Service.

Customs Ordinance 1993 means the Customs Ordinance 1993 in force under the Cocos (Keeling) Islands Act 1955.

2 Sections 4, 4A, 5 to 13

omit

3 Subsection 14 (1)

omit

a law of customs or any other law of the Commonwealth.

insert

the Customs Ordinance 1993 or an applied customs law within the meaning of that Ordinance.

4 Subsection 14 (3)

substitute

(3) A function or power delegated under this section, when performed or exercised by the delegate, is taken to have been performed or exercised by the CEO.

5 Subsection 14 (5)

after

Customs Act 1901

insert

(C.K.I.)

6 Section 15

omit

7 Paragraphs 16 (1) (a) and (1AA) (b) and (c)

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

8 Paragraphs 16 (1AA) (d) and (e)

omit each mention of

a law of customs or any other law of the Commonwealth;

insert

the Customs Ordinance 1993 or an applied customs law within the meaning of that Ordinance;

9 Subsection 16 (1A), definition of duties, and the example

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

10 Subsection 16 (1A), definition of State

substitute

State includes a Territory.

11 Subsections 16 (3A), (3B), (3C) and (3D)

omit each mention of

Australian Customs Service

insert

Indian Ocean Territories Customs Service

12 Sections 16A, 17 and 18

omit