Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 179

  (1)   The Comptroller - General of Customs may, by legislative instrument, prescribe rules for and in relation to the following:

  (a)   the qualification criteria that an entity must satisfy in order for a trusted trader agreement to be entered into with the entity under section   176A;

  (b)   the matters that the Comptroller - General of Customs must consider when deciding whether to enter into a trusted trader agreement under section   176A;

  (c)   the conditions on which an entity participates in the Australian Trusted Trader Programme;

  (d)   the kind of obligation:

  (i)   that an entity may be released from under Part   IV (other than Division   1) or Part   VI (other than Division   1); or

  (ii)   that an entity may be required to satisfy under Part   IV (other than Division   1) or Part   VI (other than Division   1) in a way other than required by the relevant Part;

  (e)   the kind of benefits that an entity may receive under a trusted trader agreement;

  (f)   any criteria to be satisfied for an entity to receive benefits of a kind mentioned in paragraph   (e);

  (g)   any other conditions to which a trusted trader agreement may be subject;

  (h)   the procedures that the Comptroller - General of Customs must follow when varying, suspending or terminating a trusted trader agreement under section   178A;

  (i)   the matters that the Comptroller - General of Customs must consider when deciding whether to vary, suspend or terminate a trusted trader agreement under section   178A;

  (j)   the kinds of information that may be published on the Register of Trusted Trader Agreements, including:

  (i)   that an entity has entered into a trusted trader agreement; and

  (iii)   the kinds of benefits that the entity is receiving, or will receive, under the agreement; and

  (iv)   whether the agreement is in force; and

  (v)   whether the agreement is or has been suspended; and

  (vi)   whether the agreement has been terminated.

  (2)   For the purpose of paragraph   (1)(d):

  (a)   a rule prescribed for the purposes of subparagraph   (1)(d)(i) must specify that the obligation is one from which an entity may be released; and

  (b)   a rule prescribed for the purposes of subparagraph   (1)(d)(ii) must specify that the obligation is one that may be satisfied by an entity in a way other than required by Part   IV (other than Division   1) or Part   VI (other than Division   1).

  (3)   The Comptroller - General of Customs may, by legislative instrument, also make rules prescribing matters:

  (a)   required or permitted by this Part to be prescribed by the rules; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Part.

  (4)   To avoid doubt, rules made under this section may not do the following:

  (a)   create an offence or civil penalty;

  (b)   provide powers of:

  (i)   arrest or detention; or

  (ii)   entry, search or seizure;

  (c)   impose a tax;

  (d)   set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

  (e)   directly amend the text of this Act.