2. (1) Sections 1, 2, 3 and 25 commence on the day on which this Act receives the Royal Assent.

(2) Paragraph 4 (1) (b), section 16, paragraphs 26 (1) (b) and (c) and section 33 so far as it relates to the amendment of the Customs Administration Act 1985 are to be taken to have commenced on 1 July 1989.

(3) Section 15 is to be taken to have commenced on 1 August 1989.

(4) The remaining provisions of this Act commence on 1 January 1990.

4. (1) Section 4 of the Principal Act is amended:

(a) by omitting from the definition of “approved form” in subsection (1) “, in writing, by the Comptroller-General” and substituting “under section 4a”;

(b) by inserting in paragraphs (b), (c) and (d) of the definition of “Officer of Customs” in subsection (1) “under this Act” after “the Comptroller” (wherever occurring);

(c) by omitting from the definition of “Warehoused goods” in subsection (1) “manufactured” and substituting “blended or packaged”;

(d) by inserting in subsection (1) the following definition:

“ ‘authorised officer’, in relation to a section of this Act, means an officer of Customs authorised in writing by the Comptroller to exercise the powers or perform the functions of an authorised officer under that section;”;

(e) by inserting in subsection (1) the following definition:

“ ‘Blending’ means a mixing together of 2 or more substances in order to obtain a commercial product;”.

(2) A form that is, immediately before paragraph 4 (1) (a) commences, an approved form within the meaning of section 4 of the Principal Act is to be treated, after that time, as if it had been approved by the Comptroller- General of Customs under section 4a of the Principal Act as amended by this Act.

17. (1) Section 24s of the Principal Act is amended by inserting in subsection (1) “the office of” after “name of”.

(2) Any Customs prosecution begun, but not completed, before this section commences in the name of the person who, at the time of beginning the prosecution, held or acted in the office of Comptroller-General of Customs, is to be treated, after this section commences, as if it were a prosecution begun in the name of the office of Comptroller-General of Customs.

Comptroller may refuse to make certain concession orders

18. Section 269e of the Principal Act is amended:

(a) by omitting subsections (1) and (1a) and substituting the following subsections:

“(1) The Comptroller may, in his or her discretion, refuse to make a concession order under subsection 269c (1) in respect of particular goods if, in his or her opinion, the making of the order would be likely to have a substantially adverse effect on the market for any goods produced in Australia.

“(1a) The Comptroller may, in his or her discretion, refuse to make a concession order under subsection 269c (1a) or (1b) in respect of particular goods if, in his or her opinion, the making of the order would be likely to have a substantially adverse effect on

the market for any goods produced, for any work carried out, or for any services provided, in Australia.

“(1b) Where, in the opinion of the Comptroller, after having regard to the matters referred to in subsection (2), the making of a particular concession order under subsection 269c may not be in the national interest, the Comptroller must refer the application for the concession order to the Minister so that the Minister can determine that matter.

“(1c) Where a particular application for a concession order is referred to the Minister and the Minister determines that the making of the order is not in the national interest:

(a) the Minister must inform the Comptroller, in writing, to that effect and give the Comptroller a statement of the reasons why he or she has so determined; and

(b) the Comptroller, upon being so informed, must refuse to make that order.”;

(b) by omitting from subsection (2) “(other than paragraph (g))”;

(c) by omitting from subsection (3) “particular goods by reason of the operation of paragraph (1) (b) or (1a) (b), he” and substituting “particular goods because the Minister has determined that the making of the order is not in the national interest, the Comptroller”;

(d) by omitting paragraph (3) (c) and (d) and substituting the following paragraphs:

“(c) stating that the Comptroller has refused to make the order because the Minister has determined that the making of the order would not be in the national interest; and

(d) setting out the Minister’s reasons for so determining.”.

Application of concession orders

19. Section 269n of the Principal Act is amended:

(a) by omitting from subsections (1), (2), (6) and (7) “date” (wherever occurring) and substituting “day”;

(b) by omitting subsection (3) and substituting the following subsections:

“(3) Subject to subsections (4), (6) and (7), the day to be specified in a concession order for the purposes of subsection (1) is the day occurring 28 days before the day on which the application for the order was made.

“(3a) Where the Comptroller, at the time of making a decision in respect of an application for a concession order, is of the opinion:

(a) that he or she would not have been satisfied as required by subsection 269c (1) or (1a) or (1b), whichever is applicable, had the Comptroller been required to decide the matter on

a day 28 days before the day on which the application was actually made; and

(b) that he or she would have become so satisfied on a later day (in this subsection called the ‘production cessation day’) occurring before the making of the first-mentioned decision;

the Comptroller must make a concession order arising from that application but the day to be specified in the order for the purposes of subsection (1) is the production cessation day.

“(3b) Where the Comptroller, at the time of making a decision in respect of an application for a concession order, is of the opinion:

(a) that he or she would have been satisfied as required by subsection 269c (1) or (1a) or (1b), whichever is applicable, had the Comptroller been required to decide the matter on a day 28 days before the day on which the application was actually made; and

(b) that he or she would have ceased to be so satisfied on a later day (in this subsection called the ‘production commencement day') occurring before the making of the first-mentioned decision;

the Comptroller must make a concession order arising from the application but the order has effect only until the end of the day before the production commencement day.”.

(2) A form that is, immediately before paragraph 26 (1) (a) commences, an approved form within the meaning of section 4 of the Principal Act is to be treated, after that time, as if it had been approved on that day by the

Comptroller-General of Customs under section 4aa of the Principal Act as amended by this Act.

28. (1) Section 8 of the Principal Act is amended by omitting from subsection (1) “a person" and substituting “an officer of Customs”.

The amendment made by subsection (1) does not affect any delegation made by the Minister under section 8 of the Principal Act that was in force immediately before the commencement of this section.

Entry for home consumption etc.

29. Section 58 of the Principal Act is amended:

(a) by omitting from subsection (1) “subsection (2) and substituting “subsections (2) and (4)”;

(b) by omitting from paragraph (1a) (a) “a form, or in a manner, approved” and substituting “an approved form, or in a manner approved”;

(c) by adding at the end the following subsections:

“(4) Excisable goods that are spirit must not be entered for home consumption unless:

(a) the spirit has been repackaged in containers other than bulk containers; or

(b) the spirit is entered for home consumption for a purpose for which a free rate of duty applies; or

(c) the Comptroller, by notice in writing, permits the spirit to be entered for home consumption packaged in bulk containers.

“(5) The Comptroller must not permit excisable goods that are spirit to be entered for home consumption packaged in bulk containers unless:

(a) the containers have a capacity of not more than 20 litres or such other volume as is from time to time prescribed; and

(b) the Comptroller is satisfied that the spirit will not, for the purposes of retail sale, be repackaged in any other container.

Rebate of duty in respect of diesel fuel used for certain purposes

30. Section 78a of the Principal Act is amended by omitting from paragraph (2) (d) “a Collector” and substituting “the Comptroller”.

Powers of officers for purposes of section 78a

31. Section 99a of the Principal Act is amended by omitting subsection (10).

Institution of prosecutions

32. (1) Section 134 of the Principal Act is amended by inserting in subsection (1) “the office of” after “name of”.

Any excise prosecution begun, but not completed, before this section commences in the name of the person who, at the time of beginning the prosecution, held or acted in the office of Comptroller-General of Customs, is to be treated, with effect from the commencement of this section, as if it were a prosecution begun in the name of the office of Comptroller-General of Customs.