Customs Act 1901

PART XA - AUSTRALIAN TRUSTED TRADER PROGRAMME  

Division 4 - Rules  

SECTION 179   RULES  

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

(ii) (Repealed by No 19 of 2017)

(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.

179(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 ).

179(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.

179(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.




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