Customs and Excise Amendment Regulations (No 2) 2012

2012/402

Coat of Arms of New Zealand

Customs and Excise Amendment Regulations (No 2) 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of December 2012

Present:
His Excellency the Governor-General in Council

Pursuant to sections 40, 50, and 286 of the Customs and Excise Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Customs and Excise Amendment Regulations (No 2) 2012.

2 Commencement
  • These regulations come into force on 1 February 2013.

3 Principal regulations
4 Regulation 21 amended (When entry of imported goods to be made)
  • Replace regulation 21(a) and (b) with:

    • (a) in the case of goods imported by sea or air, before the date on which the goods are to be imported or within 20 working days after the date of importation of the goods:.

5 Regulation 26 amended (Certain goods deemed to be entered)
  • (1) Replace regulation 26(1)(a) with:

    • (a) goods that are temporarily imported into New Zealand under the authority of a carnet, on presentation of the carnet:.

    (2) After regulation 26(2), insert:

    • (3) In this regulation and regulation 29(1)(ba), carnet means—

      • (a) an ATA (admission temporaire/temporary admission) carnet issued pursuant to the Customs Convention on the ATA Carnet for the Temporary Admission of Goods; or

      • (b) a carnet de passages en douane issued pursuant to the Customs Convention on the Temporary Importation of Private Road Vehicles.

6 Regulation 29 amended (Goods for export exempt from entry)
  • In regulation 29(1), insert after paragraph (b):

    • (ba) goods that have satisfied all conditions of entry (including presentation of a carnet as defined in regulation 26(3)) and that on importation were deemed to have been entered under regulation 26(1)(a):.

7 Schedule 2 amended

Schedule
New form 9

r 7

Form 9
Application for registration as user of Customs computerised entry processing system

Section 132, Customs and Excise Act 1996

To apply for registration as a user of a Customs computerised entry processing system, give the details set out below.

Applicant's details

Surname:

Previous name(s):

First name(s):

Other names by which you are known:

Date of birth:

Country of birth:

Gender:

Occupation:

Identification details

Your birth certificate and 1 other form of official identification bearing your photograph are required. See also Important steps when lodging an application in the Important information section.

Identification types and identification numbers: [specify]

Applicant's contact details
Work and billing contact details

Company name:

Physical address:

Postal address:

Contact number(s):

Email address:

Internet site/web address:

Home contact details

Physical address:

Postal address:

Contact number(s):

Email address:

Reasons for registration

Select whichever of the following reason(s) apply.

  • importing goods for your own use

  • exporting goods in your own name

  • entering excisable goods

  • reporting of craft

  • reporting of cargo

Employed by or conducting business as—

  • an agent/broker dealing in imports

  • a company/entity that imports goods

  • an agent/broker dealing in exports

  • a company/entity that exports goods

  • an agent/broker entering excisable goods

  • a company/entity entering excisable goods

Client code details

If you are importing goods for your own use or exporting goods in your own name, or employed by or conducting business as a company/entity that imports or exports goods or a company/entity that is dealing in excisable goods, or reporting on craft or reporting on cargo (or carrying out more than 1 of those activities), state the client code(s) for all the entities in whose name you wish to lodge entries or reports: [client code(s)]

If you are employed by or conducting business as an agent/a broker, state the name(s) or client code(s) of the agent/broker company (or companies) in whose name you wish to lodge entries or reports: [name(s) or client code(s)]

Transmission details

How do you or will you transmit entries or reports to Customs?

  • The Trade Single Window online lodgements Internet site operated by the New Zealand Customs Service and the Ministry for Primary Industries

  • Another online lodgements Internet site

  • A commercial software package: [name of software package]

  • A system developed for your company

Criminal convictions

Note: Information on criminal convictions does not have to be provided if you meet the eligibility criteria of the Criminal Records (Clean Slate) Act 2004. Information on these criteria is available on the Ministry of Justice Internet site.

Do you have any criminal convictions? Yes/No

If you answered Yes, please list what these are:

Please provide any further information you think is relevant to your conviction(s):

Declaration

*I, [full name, address], declare that the information I have provided is true, correct, and complete in every particular. I am aware of the provisions of sections 131 to 136 of the Customs and Excise Act 1996.

*Include this paragraph unless the application is provided using the Trade Single Window.

*I declare that the information provided in this form is true, correct, and complete in every particular. I am aware of the provisions of the Customs and Excise Act 1996 relating to registration, access, and use of the Trade Single Window system.

*Include this paragraph if the application is provided using the Trade Single Window.

Note: Making a declaration that is erroneous in a material particular is an offence under the Customs and Excise Act 1996. Making a false declaration may also be an offence under the Biosecurity Act 1993, the Food Act 1981, and the Agricultural Compounds and Veterinary Medicines Act 1997.

*Date:


*Signature of applicant:

*Include the date and signature unless the application is provided using the Trade Single Window.

Important information

Important steps when lodging an application

As provided by regulation 74(3) and (4) of the Customs and Excise Regulations 1996, your application must be supported by—

  • your birth certificate, together with a translation into English certified by a Customs-nominated translator if that certificate is not written in English; and

  • if you use a married name, or have legally changed your name for any other reason, a copy of your marriage certificate or other legal evidence of the name change, together with a translation into English certified by a Customs-nominated translator if that certificate or other evidence is not written in English; and

  • your passport or New Zealand driver licence or any other form of official identification bearing your photo that Customs may approve.

*This application and the required identification must be physically produced to a Customs officer, either at a Customs office or at some other agreed location.

*Include this paragraph unless the application is provided using the Trade Single Window.

*This application and the required identification must be provided using the Trade Single Window. The New Zealand Customs Service may, in its discretion, subsequently ask you to physically produce any identification to a Customs officer, either at a Customs office or at some other agreed location.

*Include this paragraph if the application is provided using the Trade Single Window.

Customs will advise you as to whether your application is granted or refused and of any conditions to which registration is subject.

Privacy statement

The information that is being collected on this form will enable the New Zealand Customs Service to—

  • conduct a security check on you; and

  • decide whether or not to register you as a user of the Customs computerised entry processing system to enter goods, report cargo, or report craft; and

  • verify the correctness of entries, cargo reports, and craft reports you may lodge; and

  • contact you as may be required.

The New Zealand Customs Service and the Ministry for Primary Industries may also collect and use information in this form for border management and border-related risk management purposes under the Customs and Excise Act 1996 and the Biosecurity Act 1993.

The information in this form will be stored on a secure database managed by the New Zealand Customs Service and Ministry for Primary Industries.

Under the Privacy Act 1993, you have the right to request access to, and correction of, any personal information you have provided or that the New Zealand Customs Service or the Ministry for Primary Industries holds on you. Information may be withheld from you for the reasons (for refusal of requests) listed in Part 4 of the Privacy Act 1993. You may request access and correction through any office of the New Zealand Customs Service or any office of the Ministry for Primary Industries.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2013, amend the Customs and Excise Regulations 1996. The amendments relate to the implementation of the Joint Border Management System.

The amendments include—

  • amending regulation 21 to enable goods to be entered at any time before importation:

  • amending regulation 29 to insert a new class of goods that is exempt from export entry. A related change has been made to regulation 26(1)(a) to clarify that it relates to an ATA carnet (as well as a carnet de passages en douane):

  • replacing form 9 in Schedule 2 (application for registration as a user of the Customs computerised entry processing system).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 December 2012.

These regulations are administered by the New Zealand Customs Service.