Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 (Cth)

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985

No. 39 of 1985

An Act to enact certain transitional provisions and make certain amendments in consequence of the enactment of the Customs Administration Act 1985

[Assented to 29 May 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title 1. This Act may be cited as the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985.

Commencement 2. This Act shall come into operation on the day on which the Customs Administration Act 1985 comes into operation.

Amendments 3. The Acts specified in the Schedule are amended as set out in the Schedule.

Transitional 4. (1) Where— (a) a Minister, or a delegate of a Minister, made an appointment, gave an authorization, granted a permission or approval, made a

determination, order, requirement or by-law, gave or published a notice or signed or issued any other instrument before the commencement of this Act under a power conferred on that Minister by a provision of an Act; (b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs; and (c) that appointment, authorization, permission, approval, determination, order, requirement, by-law, notice or other instrument was in force immediately before that commencement, the appointment, authorization, permission, approval, determination, order, requirement, by-law, notice or other instrument continues in force after that commencement as if it had been duly made, given, granted, published, signed or issued, as the case may be, by the Comptroller-General of Customs under that provision as so amended. (2) Where— (a) a Minister gave, before the commencement of this Act, a delegation to a person, other than the Comptroller-General of Customs, to exercise a power conferred on that Minister by a provision of an Act; (b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs; and (c) that delegation was in force immediately before that commencement, that delegation continues in force after that commencement as if it were a delegation duly given by the Comptroller-General of Customs to that person under section 14 of the Customs Administration Act 1985. (3) Where— (a) a Minister, or a delegate of a Minister, did, or refused to do, before the commencement of this Act any act or thing not mentioned in sub-section (1) or (2) under a power conferred on that Minister by a provision of an Act; and (b) that provision is amended by this Act so as to confer that power on the Comptroller-General of Customs, the Act in which that provision was included, as that Act has effect as amended by this Act, applies as if the Comptroller-General had duly done, or refused to do, as the case may be, that act or thing. (4) Where— (a) the Comptroller-General of Customs gave, before the commencement of this Act, a delegation to a person under a power conferred on the Comptroller-General of Customs by a provision of an Act; and (b) that delegation was in force immediately before that commencement, that delegation continues in force after that commencement as if it had been duly given by the Comptroller-General of Customs to that person under section 14 of the Customs Administration Act 1985. (5) The first report to be prepared under section 17 of the Customs Administration Act 1985 shall relate to the period commencing on the day of commencement of that Act and ending on 30 June 1986.